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A BILL TO BE ENTITLED
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AN ACT
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relating to the drug testing of certain persons seeking and |
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receiving financial assistance or supplemental nutrition |
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assistance benefits. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. DRUG SCREENING AND TESTING OF CERTAIN TANF APPLICANTS |
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AND RECIPIENTS |
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SECTION 1.01. Subchapter B, Chapter 31, Human Resources |
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Code, is amended by adding Section 31.0321 to read as follows: |
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Sec. 31.0321. DRUG SCREENING AND TESTING; ELIGIBILITY. (a) |
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In this section: |
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(1) "Commission" means the Health and Human Services |
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Commission. |
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(2) "Controlled substance" and "marihuana" have the |
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meanings assigned by Chapter 481, Health and Safety Code. |
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(b) Except as provided in Subsections (f) and (g): |
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(1) each adult applicant for financial assistance |
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benefits, including an applicant applying solely on behalf of a |
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child, who initially applies for those benefits or who applies for |
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the continuation of those benefits must submit to a marihuana and |
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controlled substance use screening assessment; and |
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(2) each minor parent who is the head of household must |
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submit to a marihuana and controlled substance use screening |
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assessment on the initial application for financial assistance |
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benefits and on any application for the continuation of those |
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benefits. |
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(c) A person whose marihuana and controlled substance use |
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screening assessment conducted under this section indicates good |
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cause to suspect the person of the use of marihuana, other than |
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low-THC cannabis authorized by Chapter 169, Occupations Code, or |
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use of a controlled substance not prescribed for the person by a |
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health care practitioner shall submit to a drug test to establish |
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the eligibility of the person and the person's family for financial |
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assistance benefits. |
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(d) Except as provided in Subsection (e), a person whose |
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drug test conducted under this section indicates the presence in |
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the person's body of marihuana, other than low-THC cannabis |
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authorized by Chapter 169, Occupations Code, or use of a controlled |
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substance not prescribed for the person by a health care |
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practitioner is ineligible for financial assistance benefits for |
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the person and the person's family for a period of 12 months |
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beginning on the first day of the month after the month in which the |
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drug test was administered. |
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(e) A person who is denied eligibility for financial |
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assistance benefits because of the results of a drug test conducted |
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under this section may reapply for financial assistance benefits |
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six months after the first day of the month after the month in which |
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the drug test was administered if the person provides proof of the |
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person's successful completion of or current enrollment in a |
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substance abuse treatment program. A person reapplying for |
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financial assistance benefits must submit to a drug test as |
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required by Subsection (f), regardless of whether the person is |
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continuing to receive substance abuse treatment. |
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(f) A person who is denied eligibility for financial |
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assistance benefits because of the results of a drug test conducted |
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under this section must submit to a drug test, without first |
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submitting to a marihuana and controlled substance use screening |
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assessment, at the time of any reapplication for financial |
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assistance benefits and on any application for the continuation of |
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those benefits. |
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(g) A person who has been convicted of a felony drug offense |
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must submit to a drug test, without first submitting to a marihuana |
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and controlled substance use screening assessment, at the time of |
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an initial application for financial assistance benefits and on any |
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application for the continuation of those benefits. |
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(h) If a person is denied eligibility for financial |
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assistance benefits three times because of the results of a drug |
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test conducted under this section, the person and the person's |
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family are permanently ineligible for those benefits. |
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(i) Before denying eligibility for financial assistance |
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benefits under this section, the commission must: |
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(1) notify the person who submitted to a drug test of |
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the results of the test and the commission's proposed determination |
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of ineligibility; and |
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(2) confirm the results of the drug test through a |
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second drug test or other appropriate method. |
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(j) The commission shall: |
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(1) use the most efficient and cost-effective |
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marihuana and controlled substance use screening assessment tool |
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that the commission and the Department of State Health Services can |
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develop based on validated marihuana and controlled substance use |
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screening assessment tools; and |
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(2) pay the cost of any marihuana and controlled |
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substance use screening assessment or drug test administered under |
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this section out of the federal Temporary Assistance for Needy |
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Families block grant funds. |
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(k) The commission shall report to the Department of Family |
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and Protective Services for use in an investigation conducted under |
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Chapter 261, Family Code, if applicable, a person whose drug test |
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conducted under this section indicates the presence in the person's |
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body of marihuana, other than low-THC cannabis authorized by |
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Chapter 169, Occupations Code, or a controlled substance not |
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prescribed for the person by a health care practitioner. |
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(l) The executive commissioner of the commission shall |
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adopt rules implementing this section. |
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SECTION 1.02. (a) Section 31.0321, Human Resources Code, |
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as added by this article, applies to: |
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(1) an adult applicant, including an applicant |
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applying solely on behalf of a child, who initially applies for |
|
|
financial assistance benefits under Chapter 31, Human Resources |
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|
Code, on or after the effective date of this article; |
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(2) a minor parent who is the head of household who |
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initially applies for financial assistance benefits under Chapter |
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31, Human Resources Code, on or after the effective date of this |
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article; |
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(3) an adult applicant, including an applicant |
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applying solely on behalf of a child, who applies for the |
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continuation of financial assistance benefits under Chapter 31, |
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Human Resources Code, on or after the effective date of this |
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article; and |
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(4) a minor parent who is the head of household who |
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applies for the continuation of financial assistance benefits under |
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Chapter 31, Human Resources Code, on or after the effective date of |
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this article. |
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(b) Except as provided by Subsections (a)(3) and (4) of this |
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section, an adult applicant, including an applicant applying solely |
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on behalf of a child, and a minor parent who is the head of household |
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who applied for financial assistance benefits under Chapter 31, |
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Human Resources Code, before the effective date of this article are |
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governed by the law in effect when the person applied for financial |
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assistance benefits, and that law is continued in effect for that |
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purpose. |
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ARTICLE 2. DRUG SCREENING AND TESTING OF CERTAIN SNAP APPLICANTS |
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AND RECIPIENTS |
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SECTION 2.01. Subchapter A, Chapter 33, Human Resources |
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Code, is amended by adding Section 33.020 to read as follows: |
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Sec. 33.020. DRUG SCREENING AND TESTING; ELIGIBILITY. (a) |
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In this section, "controlled substance" and "marihuana" have the |
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|
meanings assigned by Chapter 481, Health and Safety Code. |
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|
(b) Except as provided in Subsections (f) and (g): |
|
|
(1) each adult applicant for supplemental nutrition |
|
|
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 supplemental nutrition |
|
|
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 the use of marihuana, other than |
|
|
low-THC cannabis authorized by Chapter 169, Occupations Code, or |
|
|
use of a controlled substance not prescribed for the person by a |
|
|
health care practitioner shall submit to a drug test to establish |
|
|
the eligibility of the person and the person's household for |
|
|
supplemental nutrition assistance benefits. |
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(d) Except as provided in Subsection (e), a person whose |
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drug test conducted under this section indicates the presence in |
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the person's body of a controlled substance not prescribed for the |
|
|
person by a health care practitioner or marihuana, other than |
|
|
low-THC cannabis authorized by Chapter 169, Occupations Code, is |
|
|
ineligible for supplemental nutrition assistance benefits for the |
|
|
person and the person's household for a period of 12 months |
|
|
beginning on the first day of the month after the month in which the |
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|
drug test was administered. |
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|
(e) A person who is denied eligibility for supplemental |
|
|
nutrition assistance benefits because of the results of a drug test |
|
|
conducted under this section may reapply for supplemental nutrition |
|
|
assistance benefits six months after the first day of the month |
|
|
after the month in which the drug test was administered if the |
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person provides proof of the person's successful completion of or |
|
|
current enrollment in a substance abuse treatment program. A |
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person reapplying for supplemental nutrition assistance benefits |
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must submit to a drug test as required by Subsection (f), regardless |
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of whether the person is continuing to receive substance abuse |
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|
treatment. |
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(f) A person who is denied eligibility for supplemental |
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|
nutrition 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 |
|
|
supplemental nutrition assistance benefits and on any application |
|
|
for the continuation of those benefits. |
|
|
(g) 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 supplemental nutrition assistance |
|
|
benefits and on any application for the continuation of those |
|
|
benefits. |
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(h) If a person is denied eligibility for supplemental |
|
|
nutrition assistance benefits three times because of the results of |
|
|
a drug test conducted under this section, the person and the |
|
|
person's household are permanently ineligible for those benefits. |
|
|
(i) Before denying eligibility for supplemental nutrition |
|
|
assistance benefits under this section, the department must: |
|
|
(1) notify the person who submitted to a drug test of |
|
|
the results of the test and the department's proposed determination |
|
|
of ineligibility; and |
|
|
(2) confirm the results of the drug test through a |
|
|
second drug test or other appropriate method. |
|
|
(j) The department shall: |
|
|
(1) use the most efficient and cost-effective |
|
|
marihuana and controlled substance use screening assessment tool |
|
|
that the department 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. |
|
|
(k) The department 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 marihuana, other than low-THC cannabis authorized by |
|
|
Chapter 169, Occupations Code, or a controlled substance not |
|
|
prescribed for the person by a health care practitioner. |
|
|
(l) The executive commissioner shall adopt rules |
|
|
implementing this section. |
|
|
SECTION 2.02. (a) Section 33.020, Human Resources Code, as |
|
|
added by this article, applies to: |
|
|
(1) an adult applicant, including an applicant |
|
|
applying solely on behalf of a child, who initially applies for |
|
|
supplemental nutrition assistance benefits under Chapter 33, Human |
|
|
Resources Code, on or after the effective date of this article; |
|
|
(2) a minor parent who is the head of household who |
|
|
initially applies for supplemental nutrition assistance benefits |
|
|
under Chapter 33, Human Resources Code, on or after the effective |
|
|
date of this article; |
|
|
(3) an adult applicant, including an applicant |
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|
applying solely on behalf of a child, who applies for the |
|
|
continuation of supplemental nutrition assistance benefits under |
|
|
Chapter 33, Human Resources Code, on or after the effective date of |
|
|
this article; and |
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|
(4) a minor parent who is the head of household who |
|
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applies for the continuation of supplemental nutrition assistance |
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benefits under Chapter 33, Human Resources Code, on or after the |
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|
effective date of this article. |
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(b) Except as provided by Subsections (a)(3) and (4) of this |
|
|
section, an adult applicant, including an applicant applying solely |
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on behalf of a child, and a minor parent who is the head of household |
|
|
who applied for supplemental nutrition assistance benefits under |
|
|
Chapter 33, Human Resources Code, before the effective date of this |
|
|
article are governed by the law in effect when the person applied |
|
|
for supplemental nutrition assistance benefits, and that law is |
|
|
continued in effect for that purpose. |
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|
ARTICLE 3. FEDERAL AUTHORIZATION AND EFFECTIVE DATE |
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SECTION 3.01. 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. |
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SECTION 3.02. This Act takes effect September 1, 2019. |