HBA-TBM C.S.H.B. 1008 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1008
By: Naishtat
Human Services
4/20/2001
Committee Report (Substituted)


BACKGROUND AND PURPOSE 

When the federal government passed the Personal Responsibility and Work
Opportunity Reconciliation Act (PRWORA) in August of 1996, Texas was
allowed to take advantage of a waiver option to continue policies adopted
under state welfare reform previously enacted by the 74th Legislature.  On
the expiration of the waivers, Texas will have the option of conforming to
federal law or maintaining current policies, if those policies are codified
by the state.  C.S.H.B. 1008 sets forth policies regarding sanctions to
recipients of Temporary Assistance for Needy Families (TANF) for
misdemeanor and felony drug and alcohol offenses.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Department of Human Services
in SECTION 1 (Section 31.00322, Human Resources Code) and SECTION 2
(Section 33.014, Human Resources Code) of this bill.   

ANALYSIS

C.S.H.B. 1008 amends the Human Resources Code to establish penalties for
recipients of financial and nutritional assistance for certain drug- and
alcohol-related convictions.  The bill requires the Texas Department of
Human Services (DHS) to reduce the amount of financial assistance provided
to a person by $25 each month for six months if the person is convicted of
or receives deferred adjudication for a misdemeanor offense involving the
possession, use, or distribution of alcohol or a controlled substance.   

The bill provides that a person is permanently ineligible for financial
assistance or food stamps (public assistance) if the person is convicted of
a felony offense involving the possession, use, manufacture, or
distribution of a controlled substance committed while receiving public
assistance.  A person who has been convicted of a felony offense involving
the possession or use of a controlled substance and who has not previously
been convicted of an offense involving the possession, use, manufacture, or
distribution of a controlled substance while receiving public assistance is
not ineligible for public assistance if the person:  

 _has completed any sentence of confinement or imprisonment imposed by the
court in connection with the conviction;  

 _is in compliance with the terms and conditions of any parole or community
supervision; and  

 _has completed or is participating in a drug rehabilitation, counseling,
or support program.  

The bill provides that the eligibility of any other member of the household
of an ineligible person for public assistance or the eligibility of a
person convicted of such an offense for specified federal benefits is not
affected.   

The bill requires a recipient of public assistance to notify DHS if the
recipient is or has been convicted of  a felony offense involving a
controlled substance.  The bill requires DHS to adopt rules as necessary to
implement these provisions.   

EFFECTIVE DATE

April 1, 2002.  

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1008 differs from the original by providing that a recipient of
financial assistance or food stamps (public assistance) who is convicted of
a felony offense involving the possession or use of a controlled substance
committed while receiving public assistance in permanently ineligible
rather than ineligible until the third anniversary of the date of
conviction unless the recipient has not previously been convicted while
receiving public assistance and completes terms related to confinement,
parole, and rehabilitation.  The substitute requires a recipient of public
assistance to notify the Texas Department of Human Services if the
recipient is or has been convicted of an offense involving a controlled
substance.  The original required an applicant for public assistance to
indicate in writing whether the applicant or any member of the applicant's
household has been convicted of an offense involving a controlled
substance.