By:  Zaffirini                                          S.B. No. 49
                                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-related 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,
 1-7     is 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-RELATED
1-10     AND 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
1-25     financial assistance if the person is convicted of an offense under
 2-1     federal law or the law of this state or any other state that, at
 2-2     the time of the conviction, is classified as a felony by the
 2-3     jurisdiction involved and has as an element the manufacture or
 2-4     distribution of a controlled substance, as defined in 21 U.S.C.
 2-5     Section 802.
 2-6           (b)  Except as provided by Subsection (d), a person who is
 2-7     convicted of an offense under federal law or the law of this state
 2-8     or any other state that, at the time of the conviction, is
 2-9     classified as a felony by the jurisdiction involved and has as an
2-10     element the possession or use of a controlled substance, as defined
2-11     in 21 U.S.C. Section 802, but does not have as an element the
2-12     manufacture or distribution of a controlled substance, is
2-13     ineligible for financial assistance until the third anniversary of
2-14     the date of the conviction.
2-15           (c)  The department shall require an applicant for financial
2-16     assistance to indicate in writing whether the applicant or any
2-17     member of the applicant's household has been convicted of an
2-18     offense described by Subsection (a) or (b).
2-19           (d)  A person convicted of an offense described by Subsection
2-20     (b) is not ineligible under that subsection for financial
2-21     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
 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
 4-1     manufacture or distribution of a controlled substance, is
 4-2     ineligible for food stamps until the third anniversary of the date
 4-3     of the conviction.
 4-4           (c)  The department shall require an applicant for food
 4-5     stamps to indicate in writing whether the applicant or any member
 4-6     of the applicant's household has been convicted of an offense
 4-7     described by Subsection (a) or (b).
 4-8           (d)  A person convicted of an offense described by Subsection
 4-9     (b) is not ineligible under that subsection for food stamps if the
4-10     person:
4-11                 (1)  has completed any sentence of confinement or
4-12     imprisonment imposed by the court in connection with the
4-13     conviction;
4-14                 (2)  is in compliance with the terms and conditions of
4-15     any parole or community supervision; and
4-16                 (3)  has completed or is participating in a drug
4-17     rehabilitation, counseling, or support program.
4-18           (e)  The department shall adopt rules as necessary to
4-19     implement this section.
4-20           (f)  This section does not affect:
4-21                 (1)  the eligibility for food stamps of any other
4-22     member of the household of a person ineligible as a result of a
4-23     conviction of an offense described by Subsection (a) or (b); or
4-24                 (2)  the eligibility of a person convicted of an
4-25     offense described by Subsection (a) or (b) for a federal benefit
4-26     specified in 21 U.S.C. Section 862a(f).
 5-1           SECTION 3.  (a)  Sections 31.00321, 31.00322, and 33.014,
 5-2     Human Resources Code, as added by this Act, apply only to an
 5-3     offense committed on or after the effective date of this Act by a
 5-4     person who receives financial assistance under Chapter 31, Human
 5-5     Resources Code, or nutritional assistance under Chapter 33, Human
 5-6     Resources Code, on or after the effective date of this Act,
 5-7     regardless of the date on which eligibility for the financial
 5-8     assistance or nutritional assistance was determined.
 5-9           (b)  An offense committed before the effective date of this
5-10     Act is governed by the law, including any applicable rules, in
5-11     effect when the offense was committed, and the former law is
5-12     continued in effect for that purpose.  For purposes of this
5-13     section, an offense was committed before the effective date of this
5-14     Act if any element of the offense occurred before that date.
5-15           SECTION 4.  If before implementing any provision of this Act
5-16     a state agency determines that a waiver or authorization from a
5-17     federal agency is necessary for implementation of that provision,
5-18     the agency affected by the provision shall request the waiver or
5-19     authorization and may delay implementing that provision until the
5-20     waiver or authorization is granted.
5-21           SECTION 5.  This Act takes effect April 1, 2002.