77R12906 KLA-D
By Zaffirini S.B. No. 49
Substitute the following for S.B. No. 49:
By Davis of Harris C.S.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- 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.