By Zaffirini S.B. No. 49
77R538 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. REINSTATEMENT OF FINANCIAL AND NUTRITIONAL
1-24 ASSISTANCE FOLLOWING CERTAIN DRUG-RELATED FELONY CONVICTIONS. (a)
2-1 Notwithstanding 21 U.S.C. Section 862a(a) and except as provided by
2-2 Subsection (b), a person who is convicted of an offense under
2-3 federal law or the law of this state or any other state that, at
2-4 the time of the conviction, is classified as a felony by the
2-5 jurisdiction involved and has as an element the possession or use
2-6 of a controlled substance, as defined in 21 U.S.C. Section 802, but
2-7 does not have as an element the distribution of a controlled
2-8 substance, is eligible for financial assistance under this chapter
2-9 and nutritional assistance under Chapter 33, Human Resources Code,
2-10 if the person:
2-11 (1) has completed any sentence of confinement or
2-12 imprisonment imposed by a court in connection with the conviction;
2-13 (2) is in compliance with the conditions of any parole
2-14 or community supervision; and
2-15 (3) has completed or is participating in a substance
2-16 abuse rehabilitation, counseling, or support program.
2-17 (b) The department by rule may limit the number of times a
2-18 person's eligibility for financial assistance and nutritional
2-19 assistance may be reinstated under this section following a
2-20 conviction for an offense described by Subsection (a).
2-21 SECTION 2. (a) Sections 31.00321 and 31.00322, Human
2-22 Resources Code, as added by this Act, apply only to an offense
2-23 committed on or after the effective date of this Act by a person
2-24 who receives financial assistance under Chapter 31, Human Resources
2-25 Code, or nutritional assistance under Chapter 33, Human Resources
2-26 Code, on or after the effective date of this Act, regardless of the
2-27 date on which eligibility for the financial assistance or
3-1 nutritional assistance was determined.
3-2 (b) An offense committed before the effective date of this
3-3 Act is governed by the law, including any applicable rules, in
3-4 effect when the offense was committed, and the former law is
3-5 continued in effect for that purpose. For purposes of this section
3-6 an offense was committed before the effective date of this Act if
3-7 any element of the offense occurred before that date.
3-8 SECTION 3. If before implementing any provision of this Act a
3-9 state agency determines that a waiver or authorization from a
3-10 federal agency is necessary for implementation of that provision,
3-11 the agency affected by the provision shall request the waiver or
3-12 authorization and may delay implementing that provision until the
3-13 waiver or authorization is granted.
3-14 SECTION 4. This Act takes effect April 1, 2002.