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.