86R10454 MM-D
 
  By: Zedler H.B. No. 4269
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the drug testing of certain persons seeking and
  receiving financial assistance or supplemental nutrition
  assistance benefits.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. DRUG SCREENING AND TESTING OF CERTAIN TANF APPLICANTS
  AND RECIPIENTS
         SECTION 1.01.  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 (f) and (g):
               (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 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 family for financial
  assistance benefits.
         (d)  Except as provided in Subsection (e), 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 use of a controlled
  substance not prescribed for the person by a health care
  practitioner is ineligible for financial assistance benefits for
  the person and the person's family for a period of 12 months
  beginning on the first day of the month after the month in which the
  drug test was administered.
         (e)  A person who is denied eligibility for financial
  assistance benefits because of the results of a drug test conducted
  under this section may reapply for financial assistance benefits
  six months after the first day of the month after the month in which
  the drug test was administered 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 (f), regardless of whether the person is
  continuing to receive substance abuse treatment.
         (f)  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.
         (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 financial assistance benefits and on any
  application for the continuation of those benefits.
         (h)  If a person is denied eligibility for financial
  assistance benefits three times because of the results of a drug
  test conducted under this section, the person and the person's
  family are permanently ineligible for those benefits.
         (i)  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.
         (j)  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.
         (k)  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 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 of the commission shall
  adopt rules implementing this section.
         SECTION 1.02.  (a) Section 31.0321, 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
  financial assistance benefits under Chapter 31, 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 financial assistance benefits under Chapter
  31, Human Resources Code, on or after the effective date of this
  article;
               (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
  article; 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 article.
         (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, and 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 article are
  governed by the law in effect when the person applied for financial
  assistance benefits, and that law is continued in effect for that
  purpose.
  ARTICLE 2. DRUG SCREENING AND TESTING OF CERTAIN SNAP APPLICANTS
  AND RECIPIENTS
         SECTION 2.01.  Subchapter A, Chapter 33, Human Resources
  Code, is amended by adding Section 33.020 to read as follows:
         Sec. 33.020.  DRUG SCREENING AND TESTING; ELIGIBILITY. (a)
  In this section, "controlled substance" and "marihuana" have the
  meanings assigned by Chapter 481, Health and Safety Code.
         (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.
         (d)  Except as provided in Subsection (e), 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, 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
  drug test was administered.
         (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
  person provides proof of the person's successful completion of or
  current enrollment in a substance abuse treatment program. A
  person reapplying for supplemental nutrition assistance benefits
  must submit to a drug test as required by Subsection (f), regardless
  of whether the person is continuing to receive substance abuse
  treatment.
         (f)  A person who is denied eligibility for supplemental
  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.
         (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
  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
               (4)  a minor parent who is the head of household 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.
         (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, 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.
  ARTICLE 3. FEDERAL AUTHORIZATION AND EFFECTIVE DATE
         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.
         SECTION 3.02.  This Act takes effect September 1, 2019.