84R1183 EES-D

By: Nelson S.B. No. 54

A BILL TO BE ENTITLED

AN ACT

relating to the drug testing of certain persons seeking benefits under the Temporary Assistance for Needy Families (TANF) program.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter B, Chapter 31, Human Resources Code, is amended by adding Section 31.0321 to read as follows:

Sec. 31.0321. DRUG SCREENING AND TESTING; ELIGIBILITY. (a) In this section:

(1) "Commission" means the Health and Human Services Commission.

(2) "Controlled substance" and "marihuana" have the meanings assigned by Chapter 481, Health and Safety Code.

(b) Except as provided in Subsections (h) and (i):

(1) each adult applicant for financial assistance benefits, including an applicant applying solely on behalf of a child, who initially applies for those benefits or who applies for the continuation of those benefits must submit to a marihuana and controlled substance use screening assessment; and

(2) each minor parent who is the head of household must submit to a marihuana and controlled substance use screening assessment on the initial application for financial assistance benefits and on any application for the continuation of those benefits.

(c) A person whose marihuana and controlled substance use screening assessment conducted under this section indicates good cause to suspect the person of marihuana or controlled substance use shall submit to a drug test, subject to rules adopted under Subsection (o) that exempt a person from the drug test.

(d) The first time a person is required to submit to a drug test under this section and the drug test indicates the presence in the person's body of a controlled substance not prescribed for the person by a health care practitioner or marihuana, the person is ineligible for financial assistance benefits for a period of six months. The denial of eligibility for financial assistance benefits to a person under this subsection does not affect the eligibility of the person's family for financial assistance benefits.

(e) Except as provided in Subsection (f), the second time a person is required to submit to a drug test under this section and the drug test indicates the presence in the person's body of a controlled substance not prescribed for the person by a health care practitioner or marihuana, the person is ineligible for financial assistance benefits for a period of 12 months.

(f) A person who is denied eligibility for financial assistance benefits for a second time because of the results of a drug test conducted under this section may reapply for financial assistance benefits six months after the date the person's period of ineligibility began if the person provides proof of the person's successful completion of or current enrollment in a substance abuse treatment program. A person reapplying for financial assistance benefits must submit to a drug test as required by Subsection (h) regardless of whether the person is continuing to receive substance abuse treatment, subject to rules adopted under Subsection (o) that exempt a person from the drug test.

(g) The third time a person is required to submit to a drug test under this section and the drug test indicates the presence in the person's body of a controlled substance not prescribed for the person by a health care practitioner or marihuana, the person is permanently ineligible for financial assistance benefits.

(h) A person who is denied eligibility for financial assistance benefits because of the results of a drug test conducted under this section must submit to a drug test, without first submitting to a marihuana and controlled substance use screening assessment, at the time of any reapplication for financial assistance benefits and on any application for the continuation of those benefits, subject to rules adopted under Subsection (o) that exempt a person from the drug test.

(i) A person who has been convicted of a felony drug offense must submit to a drug test, without first submitting to a marihuana and controlled substance use screening assessment, at the time of an initial application for financial assistance benefits and on any application for the continuation of those benefits, subject to rules adopted under Subsection (o) that exempt a person from the drug test.

(j) Before denying eligibility for financial assistance benefits under this section, the commission must:

(1) notify the person who submitted to a drug test of the results of the test and the commission's proposed determination of ineligibility; and

(2) confirm the results of the drug test through a second drug test or other appropriate method.

(k) The results of a drug test administered as provided by Subsection (j)(2) to confirm the results of a previous drug test are not considered for purposes of Subsection (e) or (g).

(l) The commission shall:

(1) use the most efficient and cost-effective marihuana and controlled substance use screening assessment tool that the commission and the Department of State Health Services can develop based on validated marihuana and controlled substance use screening assessment tools; and

(2) pay the cost of any marihuana and controlled substance use screening assessment or drug test administered under this section out of the federal Temporary Assistance for Needy Families block grant funds.

(m) The commission shall report to the Department of Family and Protective Services for use in an investigation conducted under Chapter 261, Family Code, if applicable, a person whose drug test conducted under this section indicates the presence in the person's body of a controlled substance not prescribed for the person by a health care practitioner or marihuana.

(n) If a parent or caretaker relative of a dependent child is ineligible under Subsection (d), (e), or (g) to receive financial assistance benefits on behalf of the child because of the results of a drug test conducted under this section, the commission shall designate a protective payee to receive financial assistance benefits on behalf of the child. A person must submit to a marihuana and controlled substance use screening assessment to establish the person's eligibility to serve as a protective payee. A person whose marihuana and controlled substance use screening assessment indicates good cause to suspect the person of marihuana or controlled substance use shall submit to a drug test to establish the eligibility of the person to serve as a protective payee. A person whose drug test conducted under this section indicates the presence in the person's body of a controlled substance not prescribed for the person by a health care practitioner or marihuana is ineligible to serve as a protective payee.

(o) The executive commissioner of the commission shall adopt rules implementing this section, including rules that exempt a person from having to submit to a drug test under this section if:

(1) there is no person who is authorized to administer a drug test under this section in the county in which the person resides; and

(2) submitting to a drug test outside the person's county would impose an unreasonable hardship on the person.

SECTION 2. (a) Section 31.0321, Human Resources Code, as added by this Act, applies to:

(1) an adult applicant, including an applicant applying solely on behalf of a child, who initially applies for financial assistance benefits under Chapter 31, Human Resources Code, on or after the effective date of this Act;

(2) a minor parent who is the head of household who initially applies for financial assistance benefits under Chapter 31, Human Resources Code, on or after the effective date of this Act;

(3) an adult applicant, including an applicant applying solely on behalf of a child, who applies for the continuation of financial assistance benefits under Chapter 31, Human Resources Code, on or after the effective date of this Act; and

(4) a minor parent who is the head of household who applies for the continuation of financial assistance benefits under Chapter 31, Human Resources Code, on or after the effective date of this Act.

(b) Except as provided by Subsections (a)(3) and (4) of this section, an adult applicant, including an applicant applying solely on behalf of a child, or a minor parent who is the head of household who applied for financial assistance benefits under Chapter 31, Human Resources Code, before the effective date of this Act is governed by the law in effect when the person applied for financial assistance benefits, and that law is continued in effect for that purpose.

SECTION 3. If before implementing any provision of this Act a state agency determines that a waiver or authorization from a federal agency is necessary for implementation of that provision, the agency affected by the provision shall request the waiver or authorization and may delay implementing that provision until the waiver or authorization is granted.

SECTION 4. This Act takes effect September 1, 2015.