77R12906 KLA-D By Naishtat H.B. No. 1008 Substitute the following for H.B. No. 1008: By Naishtat C.S.H.B. No. 1008 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to applying penalties to recipients of financial and 1-3 nutritional assistance for certain drug- and alcohol-related 1-4 convictions. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Subchapter A, Chapter 31, Human Resources Code, is 1-7 amended by adding Sections 31.00321 and 31.00322 to read as 1-8 follows: 1-9 Sec. 31.00321. PENALTIES RESULTING FROM CERTAIN DRUG- AND 1-10 ALCOHOL-RELATED MISDEMEANOR CONVICTIONS. The department shall 1-11 reduce the amount of financial assistance provided to a person by 1-12 $25 each month for a period of six months if the person is 1-13 convicted of or receives deferred adjudication for an offense under 1-14 federal law or the law of this state or any other state that at the 1-15 time of the conviction: 1-16 (1) is classified as a misdemeanor by the jurisdiction 1-17 involved; and 1-18 (2) has as an element: 1-19 (A) the possession, use, or distribution of a 1-20 controlled substance, as defined by 21 U.S.C. Section 802, as 1-21 amended; or 1-22 (B) the possession, use, or distribution of 1-23 alcohol. 1-24 Sec. 31.00322. INELIGIBILITY RESULTING FROM DRUG-RELATED 2-1 FELONY CONVICTIONS. (a) Except as provided by Subsection (c), a 2-2 person is permanently ineligible for financial assistance if the 2-3 person: 2-4 (1) is convicted of an offense under federal law or 2-5 the law of this state or any other state that, at the time of the 2-6 conviction, is classified as a felony by the jurisdiction involved 2-7 and has as an element the possession, use, manufacture, or 2-8 distribution of a controlled substance, as defined by 21 U.S.C. 2-9 Section 802, as amended; and 2-10 (2) committed the offense for which the person is 2-11 convicted while the person was receiving financial assistance. 2-12 (b) The department shall require a recipient of financial 2-13 assistance to notify the department if the recipient is or has been 2-14 convicted of an offense described by Subsection (a). 2-15 (c) A person who is convicted of an offense described by 2-16 Subsection (a) that does not have as an element the distribution 2-17 or manufacture of a controlled substance, as defined by 21 U.S.C. 2-18 Section 802, as amended, and who has not previously been convicted 2-19 of an offense described by that subsection that was committed while 2-20 the person was receiving financial assistance, is not ineligible 2-21 for financial assistance if the person: 2-22 (1) has completed any sentence of confinement or 2-23 imprisonment imposed by the court in connection with the 2-24 conviction; 2-25 (2) is in compliance with the terms and conditions of 2-26 any parole or community supervision; and 2-27 (3) has completed or is participating in a drug 3-1 rehabilitation, counseling, or support program. 3-2 (d) The department shall adopt rules as necessary to 3-3 implement this section. 3-4 (e) This section does not affect: 3-5 (1) the eligibility for financial assistance of any 3-6 other member of the household of a person ineligible as a result of 3-7 a conviction of an offense described by Subsection (a); or 3-8 (2) the eligibility of a person convicted of an 3-9 offense described by Subsection (a) for a federal benefit 3-10 specified in 21 U.S.C. Section 862a(f), as amended. 3-11 SECTION 2. Chapter 33, Human Resources Code, is amended by 3-12 adding Section 33.014 to read as follows: 3-13 Sec. 33.014. INELIGIBILITY RESULTING FROM DRUG-RELATED 3-14 FELONY CONVICTIONS. (a) Except as provided by Subsection (c), a 3-15 person is permanently ineligible for food stamps if the person: 3-16 (1) is convicted of an offense under federal law or 3-17 the law of this state or any other state that, at the time of the 3-18 conviction, is classified as a felony by the jurisdiction involved 3-19 and has as an element the possession, use, manufacture, or 3-20 distribution of a controlled substance, as defined by 21 U.S.C. 3-21 Section 802, as amended; and 3-22 (2) committed the offense for which the person is 3-23 convicted while the person was receiving food stamps. 3-24 (b) The department shall require a recipient of food stamps 3-25 to notify the department if the recipient is or has been convicted 3-26 of an offense described by Subsection (a). 3-27 (c) A person who is convicted of an offense described by 4-1 Subsection (a) that does not have as an element the distribution 4-2 or manufacture of a controlled substance, as defined by 21 U.S.C. 4-3 Section 802, as amended, and who has not previously been convicted 4-4 of an offense described by that subsection that was committed while 4-5 the person was receiving food stamps, is not ineligible for food 4-6 stamps if the person: 4-7 (1) has completed any sentence of confinement or 4-8 imprisonment imposed by the court in connection with the 4-9 conviction; 4-10 (2) is in compliance with the terms and conditions of 4-11 any parole or community supervision; and 4-12 (3) has completed or is participating in a drug 4-13 rehabilitation, counseling, or support program. 4-14 (d) The department shall adopt rules as necessary to 4-15 implement this section. 4-16 (e) This section does not affect: 4-17 (1) the eligibility for food stamps of any other 4-18 member of the household of a person ineligible as a result of a 4-19 conviction of an offense described by Subsection (a); or 4-20 (2) the eligibility of a person convicted of an 4-21 offense described by Subsection (a) for a federal benefit 4-22 specified in 21 U.S.C. Section 862a(f), as amended. 4-23 SECTION 3. (a) Sections 31.00321, 31.00322, and 33.014, 4-24 Human Resources Code, as added by this Act, apply only to an 4-25 offense committed on or after the effective date of this Act by a 4-26 person who receives financial assistance under Chapter 31, Human 4-27 Resources Code, or nutritional assistance under Chapter 33, Human 5-1 Resources Code, on or after the effective date of this Act, 5-2 regardless of the date on which eligibility for the financial 5-3 assistance or nutritional assistance was determined. 5-4 (b) An offense committed before the effective date of this 5-5 Act is governed by the law, including any applicable rules, in 5-6 effect when the offense was committed, and the former law is 5-7 continued in effect for that purpose. For purposes of this 5-8 section, an offense was committed before the effective date of this 5-9 Act if any element of the offense occurred before that date. 5-10 SECTION 4. If before implementing any provision of this Act a 5-11 state agency determines that a waiver or authorization from a 5-12 federal agency is necessary for implementation of that provision, 5-13 the agency affected by the provision shall request the waiver or 5-14 authorization and may delay implementing that provision until the 5-15 waiver or authorization is granted. 5-16 SECTION 5. This Act takes effect April 1, 2002.