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. 3-1 * * * * *