1-1 By: Nelson S.B. No. 51 1-2 (In the Senate - Filed November 9, 1998; January 26, 1999, 1-3 read first time and referred to Committee on Human Services; 1-4 March 3, 1999, rereferred to Committee on Health Services; 1-5 March 25, 1999, reported adversely, with favorable Committee 1-6 Substitute by the following vote: Yeas 3, Nays 1; March 25, 1999, 1-7 sent to printer.) 1-8 COMMITTEE SUBSTITUTE FOR S.B. No. 51 By: Nelson 1-9 A BILL TO BE ENTITLED 1-10 AN ACT 1-11 relating to prohibiting persons convicted of certain drug-related 1-12 offenses from receiving Temporary Assistance for Needy Families 1-13 (TANF) benefits. 1-14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-15 SECTION 1. Subchapter A, Chapter 31, Human Resources Code, 1-16 is amended by adding Section 31.0038 to read as follows: 1-17 Sec. 31.0038. INELIGIBILITY RESULTING FROM DRUG-RELATED 1-18 FELONY CONVICTIONS. (a) A person is ineligible for financial 1-19 assistance if the person is convicted, for conduct occurring after 1-20 August 22, 1996, of an offense under federal law or the law of this 1-21 state or any other state that at the time of the conviction: 1-22 (1) is classified as a felony by the jurisdiction 1-23 involved; and 1-24 (2) has as an element the possession, use, or 1-25 distribution of a controlled substance, as defined in 21 U.S.C. 1-26 Section 802 and its subsequent amendments. 1-27 (b) The department shall require an applicant for financial 1-28 assistance to indicate in writing whether the applicant or any 1-29 member of the applicant's household has been convicted of an 1-30 offense described by Subsection (a). 1-31 (c) The section does not affect: 1-32 (1) the eligibility for financial assistance of any 1-33 other member of the household of a person ineligible as a result of 1-34 a conviction of an offense described by Subsection (a); or 1-35 (2) the eligibility of a person convicted of an 1-36 offense described by Subsection (a) for a federal benefit specified 1-37 in 21 U.S.C. Section 862a(f) and its subsequent amendments. 1-38 SECTION 2. If before implementing any provision of this Act 1-39 a state agency determines that a waiver or authorization from a 1-40 federal agency is necessary for implementation, the state agency 1-41 shall request the waiver or authorization and may delay 1-42 implementing that provision until the waiver or authorization is 1-43 granted. 1-44 SECTION 3. (a) This Act takes effect September 1, 1999. 1-45 (b) Section 31.0038, Human Resources Code, as added by this 1-46 Act, applies only to a person who receives financial assistance 1-47 under Chapter 31, Human Resources Code, on or after the effective 1-48 date of this Act, regardless of the date on which eligibility for 1-49 the financial assistance was determined. 1-50 SECTION 4. The importance of this legislation and the 1-51 crowded condition of the calendars in both houses create an 1-52 emergency and an imperative public necessity that the 1-53 constitutional rule requiring bills to be read on three several 1-54 days in each house be suspended, and this rule is hereby suspended. 1-55 * * * * *