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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility for financial assistance of persons |
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following certain drug-related convictions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 31, Human Resources Code, |
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is amended by adding Section 31.0321 to read as follows: |
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Sec. 31.0321. ELIGIBILITY FOLLOWING CERTAIN DRUG-RELATED |
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CRIMINAL CONVICTIONS; ANNUAL REPORT. (a) In this section: |
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(1) "Chemical dependency" and "treatment facility" |
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have the meanings assigned by Section 462.001, Health and Safety |
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Code. |
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(2) "Chemical dependency treatment provider" means a |
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licensed physician, psychologist, professional counselor, or |
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chemical dependency counselor. |
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(b) As authorized by 21 U.S.C. Section 862a(d)(1)(A), and to |
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the extent provided by this section, 21 U.S.C. Section 862a(a)(1) |
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does not apply when determining the eligibility of a person for |
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financial assistance. |
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(c) A person who has been convicted of, and released on |
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parole or placed on community supervision for, any felony offense |
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that has as an element the possession, use, or distribution of a |
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controlled substance, as defined in 21 U.S.C. Section 802, is |
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eligible for financial assistance if: |
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(1) the person meets all other eligibility |
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requirements for financial assistance under this chapter; and |
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(2) submits to the commission, in the form and manner |
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prescribed by commission rules, written certification from a |
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licensed chemical dependency treatment provider that, based on the |
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provider's assessment of the person: |
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(A) the person does not require chemical |
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dependency treatment; or |
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(B) the provider recommends the person receive |
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chemical dependency treatment and the person: |
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(i) is actively participating in a |
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treatment program provided by a licensed treatment facility; or |
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(ii) successfully completed a treatment |
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program provided by a licensed treatment facility after the |
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assessment was conducted. |
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(d) The executive commissioner shall adopt rules necessary |
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to implement this section. |
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(e) Not later than December 1 of each year, the commission |
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shall prepare and submit to the legislature a written report on the |
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effect of implementing this section, including: |
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(1) the number of persons described by Subsection (c) |
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who were determined eligible for financial assistance under this |
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chapter during the preceding state fiscal year; |
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(2) for persons described by Subsection (c) who were |
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determined eligible for financial assistance under this chapter, an |
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analysis on the effect, if any, receiving the assistance had on the |
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persons' family stability and dependence on other public assistance |
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programs; |
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(3) any challenges the commission encountered in |
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implementing this section; and |
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(4) any recommendations for legislative or other |
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action. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, the Health and Human Services Commission shall: |
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(1) conduct outreach to potential recipients of |
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financial assistance under Chapter 31, Human Resources Code, to |
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inform the potential recipients about the change in eligibility |
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criteria under Section 31.0321(c), Human Resources Code, as added |
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by this Act; and |
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(2) collaborate with community organizations and |
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local governments that provide reentry services to persons |
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described by Section 31.0321(c), Human Resources Code, as added by |
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this Act, to provide information and assistance to those persons on |
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the availability of and the application process for financial |
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assistance benefits under Chapter 31, Human Resources Code. |
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SECTION 3. The changes in law made by this Act apply only to |
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an initial determination or redetermination of eligibility of a |
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person for financial assistance under Chapter 31, Human Resources |
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Code, made on or after the effective date of this Act. |
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SECTION 4. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 5. This Act takes effect September 1, 2025. |