1-1     By:  Zaffirini                                          S.B. No. 49
 1-2           (In the Senate - Filed November 13, 2000; January 10, 2001,
 1-3     read first time and referred to Committee on Health and Human
 1-4     Services; April 9, 2001, reported adversely, with favorable
 1-5     Committee Substitute by the following vote:  Yeas 6, Nays 1;
 1-6     April 9, 2001, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 49                    By:  Harris
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to applying penalties to recipients of financial and
1-11     nutritional assistance for certain drug-related and alcohol-related
1-12     convictions.
1-13           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14           SECTION 1.  Subchapter A, Chapter 31, Human Resources Code,
1-15     is amended by adding Sections 31.00321 and 31.00322 to read as
1-16     follows:
1-17           Sec. 31.00321.  PENALTIES RESULTING FROM CERTAIN DRUG-RELATED
1-18     AND ALCOHOL-RELATED MISDEMEANOR CONVICTIONS.  The department shall
1-19     reduce the amount of financial assistance provided to a person by
1-20     $25 each month for a period of six months if the person is
1-21     convicted of or receives deferred adjudication for an offense under
1-22     federal law or the law of this state or any other state that at the
1-23     time of the conviction:
1-24                 (1)  is classified as a misdemeanor by the jurisdiction
1-25     involved; and
1-26                 (2)  has as an element:
1-27                       (A)  the possession, use, or distribution of a
1-28     controlled substance, as defined in 21 U.S.C. Section 802; or
1-29                       (B)  the possession, use, or distribution of
1-30     alcohol.
1-31           Sec. 31.00322.  INELIGIBILITY RESULTING FROM DRUG-RELATED
1-32     FELONY CONVICTIONS.  (a)  A person is permanently ineligible for
1-33     financial assistance if the person is convicted of an offense under
1-34     federal law or the law of this state or any other state that, at
1-35     the time of the conviction, is classified as a felony by the
1-36     jurisdiction involved and has as an element the manufacture or
1-37     distribution of a controlled substance, as defined in 21 U.S.C.
1-38     Section 802.
1-39           (b)  Except as provided by Subsection (d), a person who is
1-40     convicted of an offense under federal law or the law of this state
1-41     or any other state that, at the time of the conviction, is
1-42     classified as a felony by the jurisdiction involved and has as an
1-43     element the possession or use of a controlled substance, as defined
1-44     in 21 U.S.C. Section 802, but does not have as an element the
1-45     manufacture or distribution of a controlled substance, is
1-46     ineligible for financial assistance until the third anniversary of
1-47     the date of the conviction.
1-48           (c)  The department shall require an applicant for financial
1-49     assistance to indicate in writing whether the applicant or any
1-50     member of the applicant's household has been convicted of an
1-51     offense described by Subsection (a) or (b).
1-52           (d)  A person convicted of an offense described by Subsection
1-53     (b) is not ineligible under that subsection for financial
1-54     assistance if the person:
1-55                 (1)  has completed any sentence of confinement or
1-56     imprisonment imposed by the court in connection with the
1-57     conviction;
1-58                 (2)  is in compliance with the terms and conditions of
1-59     any parole or community supervision; and
1-60                 (3)  has completed or is participating in a drug
1-61     rehabilitation, counseling, or support program.
1-62           (e)  The department shall adopt rules as necessary to
1-63     implement this section.
1-64           (f)  This section does not affect:
 2-1                 (1)  the eligibility for financial assistance of any
 2-2     other member of the household of a person ineligible as a result of
 2-3     a conviction of an offense described by Subsection (a) or (b); or
 2-4                 (2)  the eligibility of a person convicted of an
 2-5     offense described by Subsection (a) or (b) for a federal benefit
 2-6     specified in 21 U.S.C. Section 862a(f).
 2-7           SECTION 2.  Chapter 33, Human Resources Code, is amended by
 2-8     adding Section 33.014 to read as follows:
 2-9           Sec. 33.014.  INELIGIBILITY RESULTING FROM DRUG-RELATED
2-10     FELONY CONVICTIONS.  (a)  A person is permanently ineligible for
2-11     food stamps if the person is convicted of an offense under federal
2-12     law or the law of this state or any other state that, at the time
2-13     of the conviction, is classified as a felony by the jurisdiction
2-14     involved and has as an element the manufacture or distribution of a
2-15     controlled substance, as defined in 21 U.S.C. Section 802.
2-16           (b)  Except as provided by Subsection (d), a person who is
2-17     convicted of an offense under federal law or the law of this state
2-18     or any other state that, at the time of the conviction, is
2-19     classified as a felony by the jurisdiction involved and has as an
2-20     element the possession or use of a controlled substance, as defined
2-21     in 21 U.S.C. Section 802, but does not have as an element the
2-22     manufacture or distribution of a controlled substance, is
2-23     ineligible for food stamps until the third anniversary of the date
2-24     of the conviction.
2-25           (c)  The department shall require an applicant for food
2-26     stamps to indicate in writing whether the applicant or any member
2-27     of the applicant's household has been convicted of an offense
2-28     described by Subsection (a) or (b).
2-29           (d)  A person convicted of an offense described by Subsection
2-30     (b) is not ineligible under that subsection for food stamps if the
2-31     person:
2-32                 (1)  has completed any sentence of confinement or
2-33     imprisonment imposed by the court in connection with the
2-34     conviction;
2-35                 (2)  is in compliance with the terms and conditions of
2-36     any parole or community supervision; and
2-37                 (3)  has completed or is participating in a drug
2-38     rehabilitation, counseling, or support program.
2-39           (e)  The department shall adopt rules as necessary to
2-40     implement this section.
2-41           (f)  This section does not affect:
2-42                 (1)  the eligibility for food stamps of any other
2-43     member of the household of a person ineligible as a result of a
2-44     conviction of an offense described by Subsection (a) or (b); or
2-45                 (2)  the eligibility of a person convicted of an
2-46     offense described by Subsection (a) or (b) for a federal benefit
2-47     specified in 21 U.S.C. Section 862a(f).
2-48           SECTION 3.  (a)  Sections 31.00321, 31.00322, and 33.014,
2-49     Human Resources Code, as added by this Act, apply only to an
2-50     offense committed on or after the effective date of this Act by a
2-51     person who receives financial assistance under Chapter 31, Human
2-52     Resources Code, or nutritional assistance under Chapter 33, Human
2-53     Resources Code, on or after the effective date of this Act,
2-54     regardless of the date on which eligibility for the financial
2-55     assistance or nutritional assistance was determined.
2-56           (b)  An offense committed before the effective date of this
2-57     Act is governed by the law, including any applicable rules, in
2-58     effect when the offense was committed, and the former law is
2-59     continued in effect for that purpose.  For purposes of this
2-60     section, an offense was committed before the effective date of this
2-61     Act if any element of the offense occurred before that date.
2-62           SECTION 4.  If before implementing any provision of this Act
2-63     a state agency determines that a waiver or authorization from a
2-64     federal agency is necessary for implementation of that provision,
2-65     the agency affected by the provision shall request the waiver or
2-66     authorization and may delay implementing that provision until the
2-67     waiver or authorization is granted.
2-68           SECTION 5.  This Act takes effect April 1, 2002.
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