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.