By Nelson S.B. No. 51
76R1189 KKA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to drug testing of certain persons seeking TANF benefits.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter A, Chapter 31, Human Resources Code,
1-5 is amended by adding Section 31.0038 to read as follows:
1-6 Sec. 31.0038. DRUG-RELATED CONVICTIONS AND DRUG TESTING.
1-7 (a) In this section, "controlled substance" has the meaning
1-8 assigned by Chapter 481, Health and Safety Code.
1-9 (b) An applicant for financial assistance under this chapter
1-10 must state in writing whether the applicant has been convicted of:
1-11 (1) an offense under Chapter 481, Health and Safety
1-12 Code; or
1-13 (2) an offense in another jurisdiction that contains
1-14 elements that are substantially similar to the elements of an
1-15 offense under Chapter 481, Health and Safety Code.
1-16 (c) An applicant who has been convicted of an offense
1-17 described in Subsection (b) during the five-year period preceding
1-18 the date of the application must submit to drug testing to be
1-19 eligible for financial assistance. The department shall provide
1-20 for drug testing of each applicant described by this subsection.
1-21 (d) An applicant whose drug test indicates the presence in
1-22 the applicant's body of a controlled substance not prescribed for
1-23 the applicant by a health practitioner is ineligible for financial
1-24 assistance until the first anniversary of the date of the test.
2-1 (e) An applicant whose drug test does not indicate the
2-2 presence in the applicant's body of a controlled substance not
2-3 prescribed for the applicant by a health practitioner is not
2-4 ineligible for financial assistance because of the person's
2-5 conviction, but the applicant must submit to subsequent random drug
2-6 testing if requested by the department while the person is
2-7 receiving financial assistance. A person whose subsequent drug
2-8 test indicates the presence in the person's body of a controlled
2-9 substance not prescribed for the person by a health practitioner is
2-10 ineligible for financial assistance until the first anniversary of
2-11 the date of that test.
2-12 (f) A person denied eligibility under this section must
2-13 submit to additional drug testing if the person reapplies for
2-14 financial assistance after expiration of the ineligibility period,
2-15 regardless of the date of the person's conviction described in
2-16 Subsection (b).
2-17 (g) Before denying financial assistance to a person under
2-18 this section, the department must:
2-19 (1) notify the person of the results of the drug test
2-20 and the department's proposed determination of ineligibility;
2-21 (2) confirm the results of the drug test through a
2-22 second drug test or other appropriate method; and
2-23 (3) provide the person with an opportunity for a
2-24 public hearing before the department concerning the results of the
2-25 drug testing.
2-26 (h) The department shall adopt rules implementing this
2-27 section.
3-1 (i) Notwithstanding 21 U.S.C. Section 862a, a person
3-2 convicted of a drug-related offense is not ineligible for financial
3-3 assistance because of the conviction unless ineligibility is
3-4 imposed by this section.
3-5 SECTION 2. If before implementing any provision of this Act
3-6 a state agency determines that a waiver or authorization from a
3-7 federal agency is necessary for implementation, the state agency
3-8 shall request the waiver or authorization and may delay
3-9 implementing that provision until the waiver or authorization is
3-10 granted.
3-11 SECTION 3. (a) This Act takes effect September 1, 1999.
3-12 (b) Section 31.0038, Human Resources Code, as added by this
3-13 Act, applies to:
3-14 (1) a person who initially applies for financial
3-15 assistance under Chapter 31, Human Resources Code, on or after the
3-16 effective date of this Act; and
3-17 (2) a recipient of financial assistance under Chapter
3-18 31, Human Resources Code, who applies for continued assistance on
3-19 or after the effective date of this Act.
3-20 (c) A person who applied for financial assistance under
3-21 Chapter 31, Human Resources Code, before the effective date of this
3-22 Act is governed by the law in effect when the person applied for
3-23 financial assistance, and that law is continued in effect for that
3-24 purpose.
3-25 SECTION 4. The importance of this legislation and the
3-26 crowded condition of the calendars in both houses create an
3-27 emergency and an imperative public necessity that the
4-1 constitutional rule requiring bills to be read on three several
4-2 days in each house be suspended, and this rule is hereby suspended.