By Naishtat H.B. No. 1008
77R1997 KLA-D
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 in 21 U.S.C. Section 802; or
1-21 (B) the possession, use, or distribution of
1-22 alcohol.
1-23 Sec. 31.00322. INELIGIBILITY RESULTING FROM DRUG-RELATED
1-24 FELONY CONVICTIONS. (a) A person is permanently ineligible for
2-1 financial assistance if the person is convicted of an offense under
2-2 federal law or the law of this state or any other state that, at
2-3 the time of the conviction, is classified as a felony by the
2-4 jurisdiction involved and has as an element the manufacture or
2-5 distribution of a controlled substance, as defined in 21 U.S.C.
2-6 Section 802.
2-7 (b) Except as provided by Subsection (d), a person who is
2-8 convicted of an offense under federal law or the law of this state
2-9 or any other state that, at the time of the conviction, is
2-10 classified as a felony by the jurisdiction involved and has as an
2-11 element the possession or use of a controlled substance, as defined
2-12 in 21 U.S.C. Section 802, but does not have as an element the
2-13 manufacture or distribution of a controlled substance, is
2-14 ineligible for financial assistance until the third anniversary of
2-15 the date of the conviction.
2-16 (c) The department shall require an applicant for financial
2-17 assistance to indicate in writing whether the applicant or any
2-18 member of the applicant's household has been convicted of an
2-19 offense described by Subsection (a) or (b).
2-20 (d) A person convicted of an offense described by Subsection
2-21 (b) is not ineligible under that subsection for financial
2-22 assistance if the person:
2-23 (1) has completed any sentence of confinement or
2-24 imprisonment imposed by the court in connection with the
2-25 conviction;
2-26 (2) is in compliance with the terms and conditions of
2-27 any parole or community supervision; and
3-1 (3) has completed or is participating in a drug
3-2 rehabilitation, counseling, or support program.
3-3 (e) The department shall adopt rules as necessary to
3-4 implement this section.
3-5 (f) This section does not affect:
3-6 (1) the eligibility for financial assistance of any
3-7 other member of the household of a person ineligible as a result of
3-8 a conviction of an offense described by Subsection (a) or (b); or
3-9 (2) the eligibility of a person convicted of an
3-10 offense described by Subsection (a) or (b) for a federal benefit
3-11 specified in 21 U.S.C. Section 862a(f).
3-12 SECTION 2. Chapter 33, Human Resources Code, is amended by
3-13 adding Section 33.014 to read as follows:
3-14 Sec. 33.014. INELIGIBILITY RESULTING FROM DRUG-RELATED
3-15 FELONY CONVICTIONS. (a) A person is permanently ineligible for
3-16 food stamps if the person is convicted of an offense under federal
3-17 law or the law of this state or any other state that, at the time
3-18 of the conviction, is classified as a felony by the jurisdiction
3-19 involved and has as an element the manufacture or distribution of a
3-20 controlled substance, as defined in 21 U.S.C. Section 802.
3-21 (b) Except as provided by Subsection (d), a person who is
3-22 convicted of an offense under federal law or the law of this state
3-23 or any other state that, at the time of the conviction, is
3-24 classified as a felony by the jurisdiction involved and has as an
3-25 element the possession or use of a controlled substance, as defined
3-26 in 21 U.S.C. Section 802, but does not have as an element the
3-27 manufacture or distribution of a controlled substance, is
4-1 ineligible for food stamps until the third anniversary of the date
4-2 of the conviction.
4-3 (c) The department shall require an applicant for food
4-4 stamps to indicate in writing whether the applicant or any member
4-5 of the applicant's household has been convicted of an offense
4-6 described by Subsection (a) or (b).
4-7 (d) A person convicted of an offense described by Subsection
4-8 (b) is not ineligible under that subsection for food stamps if the
4-9 person:
4-10 (1) has completed any sentence of confinement or
4-11 imprisonment imposed by the court in connection with the
4-12 conviction;
4-13 (2) is in compliance with the terms and conditions of
4-14 any parole or community supervision; and
4-15 (3) has completed or is participating in a drug
4-16 rehabilitation, counseling, or support program.
4-17 (e) The department shall adopt rules as necessary to
4-18 implement this section.
4-19 (f) This section does not affect:
4-20 (1) the eligibility for food stamps of any other
4-21 member of the household of a person ineligible as a result of a
4-22 conviction of an offense described by Subsection (a) or (b); or
4-23 (2) the eligibility of a person convicted of an
4-24 offense described by Subsection (a) or (b) for a federal benefit
4-25 specified in 21 U.S.C. Section 862a(f).
4-26 SECTION 3. (a) Sections 31.00321, 31.00322, and 33.014,
4-27 Human Resources Code, as added by this Act, apply only to an
5-1 offense committed on or after the effective date of this Act by a
5-2 person who receives financial assistance under Chapter 31, Human
5-3 Resources Code, or nutritional assistance under Chapter 33, Human
5-4 Resources Code, on or after the effective date of this Act,
5-5 regardless of the date on which eligibility for the financial
5-6 assistance or nutritional assistance was determined.
5-7 (b) An offense committed before the effective date of this
5-8 Act is governed by the law, including any applicable rules, in
5-9 effect when the offense was committed, and the former law is
5-10 continued in effect for that purpose. For purposes of this section
5-11 an offense was committed before the effective date of this Act if
5-12 any element of the offense occurred before that date.
5-13 SECTION 4. If before implementing any provision of this Act
5-14 a state agency determines that a waiver or authorization from a
5-15 federal agency is necessary for implementation of that provision,
5-16 the agency affected by the provision shall request the waiver or
5-17 authorization and may delay implementing that provision until the
5-18 waiver or authorization is granted.
5-19 SECTION 5. This Act takes effect April 1, 2002.