By Christian                                          H.B. No. 1936
         76R7142 KKA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to prohibiting persons convicted of certain drug-related
 1-3     offenses from receiving TANF benefits.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter A, Chapter 31, Human Resources Code,
 1-6     is amended by adding Section 31.0038 to read as follows:
 1-7           Sec. 31.0038.  INELIGIBILITY RESULTING FROM DRUG-RELATED
 1-8     FELONY CONVICTIONS.  (a)  A person is ineligible for financial
 1-9     assistance if the person is convicted, for conduct occurring after
1-10     August 22, 1996, of an offense under federal law or the law of this
1-11     state or any other state that at the time of the conviction:
1-12                 (1)  is classified as a felony by the jurisdiction
1-13     involved; and
1-14                 (2)  has as an element the possession, use, or
1-15     distribution of a controlled substance, as defined in 21 U.S.C.
1-16     Section 802 and its subsequent amendments.
1-17           (b)  The department shall require an applicant for financial
1-18     assistance to indicate in writing whether the applicant or any
1-19     member of the applicant's household has been convicted of an
1-20     offense described by Subsection (a).
1-21           (c)  The section does not affect:
1-22                 (1)  the eligibility for financial assistance of any
1-23     other member of the household of a person ineligible as a result of
1-24     a conviction of an offense described by Subsection (a); or
 2-1                 (2)  the eligibility of a person convicted of an
 2-2     offense described by Subsection (a) for a federal benefit specified
 2-3     in 21 U.S.C. Section 862a(f) and its subsequent amendments.
 2-4           SECTION 2.  If before implementing any provision of this Act
 2-5     a state agency determines that a waiver or authorization from a
 2-6     federal agency is necessary for implementation, the state agency
 2-7     shall request the waiver or authorization and may delay
 2-8     implementing that provision until the waiver or authorization is
 2-9     granted.
2-10           SECTION 3.  (a)  This Act takes effect September 1, 1999.
2-11           (b)  Section 31.0038, Human Resources Code, as added by this
2-12     Act, applies only to a person who receives financial assistance
2-13     under Chapter 31, Human Resources Code, on or after the effective
2-14     date of this Act, regardless of the date on which eligibility for
2-15     the financial assistance was determined.
2-16           SECTION 4.  The importance of this legislation and the
2-17     crowded condition of the calendars in both houses create an
2-18     emergency and an imperative public necessity that the
2-19     constitutional rule requiring bills to be read on three several
2-20     days in each house be suspended, and this rule is hereby suspended.