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.