88R1573 MM-F
 
  By: King of Hemphill H.B. No. 822
 
 
 
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, "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 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.
         (d)  Except as provided in Subsections (f) and (g), a person
  whose drug test conducted under this section indicates the presence
  in the person's body of marihuana, other than low-THC cannabis as
  described by Subsection (c), or of a controlled substance not
  prescribed for the person as described by that subsection is
  ineligible for financial assistance benefits, and is ineligible to
  receive those benefits on behalf of 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)  Except as provided in Subsections (f) and (g), if,
  following a 12-month period of ineligibility under Subsection (d),
  a person reapplies for financial assistance benefits and the
  results of a drug test required by Subsection (h) indicate the
  presence in the person's body of marihuana, other than low-THC
  cannabis as described by Subsection (c), or of a controlled
  substance not prescribed as described by that subsection, the
  person is ineligible for financial assistance benefits, and is
  ineligible to receive those benefits on behalf of the person's
  family, for a period of 36 months beginning on the first day of the
  month after the month in which the drug test was administered.
         (f)  A person who is denied 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 (h),
  regardless of whether the person is continuing to receive substance
  abuse treatment.
         (g)  A person's eligibility for financial assistance
  benefits is not affected by the results of a drug test conducted
  under Subsection (c) indicating the presence in the person's body
  of marihuana, other than low-THC cannabis as described by
  Subsection (c), or of a controlled substance not prescribed as
  described by that subsection if, not later than the 10th day after
  the date the person is notified of the results of the drug test, the
  person enrolls in a substance abuse treatment program. In adopting
  rules for the implementation of this section, the executive
  commissioner shall include rules that require:
               (1)  a person who is subject to this subsection to
  submit proof of continued enrollment in or successful completion of
  a substance abuse treatment program in order to maintain the
  person's eligibility for financial assistance benefits; and
               (2)  a substance abuse treatment program that is under
  contract with or receives funding from the commission to give a
  priority for services to an applicant who is a person subject to
  this subsection.
         (h)  A person who is denied 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.
         (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.
         (j)  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 is permanently
  ineligible for those benefits and is permanently ineligible to
  receive those benefits on behalf of the person's family.
         (k)  Before denying 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.
         (l)  The commission may only use the results of a drug test
  administered as provided by Subsection (k)(2) to confirm the
  results of a previous drug test and may not consider those results
  independently as a basis for denying eligibility under Subsection
  (e) or (j).
         (m)  The denial of financial assistance benefits to an
  applicant because of the results of a drug test conducted under this
  section does not affect the eligibility of the person's child or
  family members for those benefits.
         (n)  If a parent or caretaker relative of a dependent child
  is ineligible to receive financial assistance benefits on behalf of
  the child because of the results of a drug test conducted under this
  section, the parent or caretaker relative, as applicable, shall
  select a protective payee to receive financial assistance benefits
  on behalf of the child.  The parent or caretaker relative, as
  applicable, may choose an immediate family member to serve as the
  protective payee or, if an immediate family member is not available
  or declines to serve as the protective payee, the person may choose
  another person approved by the commission.  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 use of
  marihuana, other than low-THC cannabis as described by Subsection
  (c), or of use of a controlled substance not prescribed as described
  by that subsection 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 marihuana, other than low-THC cannabis as
  described by Subsection (c), or of a controlled substance not
  prescribed as described by that subsection is ineligible to serve
  as a protective payee.
         (o)  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.
         (p)  The commission shall provide each person who is denied
  financial assistance benefits as a result of a drug test conducted
  under this section with a list of substance abuse treatment
  providers located in the area where the person resides.
         (q)  Nothing in this section requires the commission or the
  state to provide or pay for substance abuse treatment for a person
  whose drug test conducted under this section indicates the presence
  in the person's body of marihuana, other than low-THC cannabis as
  described by Subsection (c), or of a controlled substance not
  prescribed as described by that subsection.
         (r)  The executive commissioner shall adopt rules
  implementing this section.
         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, 2023.