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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 financial |
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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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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. 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" has the meaning assigned by |
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Chapter 481, Health and Safety Code. |
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(b) Except as provided in Subsections (f) and (g), each |
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adult applicant for financial assistance benefits, including an |
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applicant applying solely on behalf of a child, who initially |
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applies for those benefits or who applies for the continuation of |
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those benefits must submit to a controlled substance use screening |
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assessment to establish the applicant's eligibility for the |
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benefits and the applicant's eligibility to receive the benefits on |
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behalf of the child. In addition, each minor parent who is the head |
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of household must submit to a 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 to establish the minor's eligibility for the benefits and |
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the minor's eligibility to receive the benefits on behalf of the |
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minor's child. |
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(c) A person whose controlled substance use screening |
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assessment conducted under this section indicates good cause to |
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suspect the person of controlled substance use shall submit to a |
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drug test to establish the eligibility of the person for financial |
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assistance benefits and the eligibility of the person to receive |
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those benefits on behalf of the person's family. |
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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 |
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person by a health care practitioner is ineligible for financial |
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assistance benefits, and is ineligible to receive those benefits on |
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behalf of the person's family, for a period of 12 months beginning |
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on the first day of the month after the month in which the drug test |
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was administered. |
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(e) A person who is denied financial assistance benefits |
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because of the results of a drug test conducted under this section |
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may reapply for financial assistance benefits six months after the |
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first day of the month after the month in which the drug test was |
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administered if the person provides proof of the person's |
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successful completion of or current enrollment in a substance abuse |
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treatment program. A person reapplying for financial assistance |
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benefits must submit to a drug test as required by Subsection (f), |
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regardless of whether the person is continuing to receive substance |
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abuse treatment. |
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(f) A person who is denied financial assistance benefits |
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because of the results of a drug test conducted under this section |
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must submit to a drug test, without first submitting to a controlled |
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substance use screening assessment, at the time of any |
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reapplication for financial assistance benefits and on any |
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application for the continuation of those benefits to establish the |
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eligibility of the person for the benefits and the eligibility of |
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the person to receive the benefits on behalf of the person's family. |
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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 controlled |
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substance use screening assessment, at the time of an initial |
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application for financial assistance benefits and on any |
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application for the continuation of those benefits to establish the |
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eligibility of the person to receive the benefits on behalf of the |
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person's family. |
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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 is permanently |
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ineligible for those benefits and is permanently ineligible to |
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receive those benefits on behalf of the person's family. |
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(i) Before denying financial assistance benefits under this |
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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 denial of financial assistance benefits to an |
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applicant because of the results of a drug test conducted under this |
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section does not affect the eligibility of the person's child or |
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family members for those benefits. |
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(k) If a parent or caretaker relative of a dependent child |
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is ineligible to receive financial assistance benefits on behalf of |
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the child because of the results of a drug test conducted under this |
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section, the parent or caretaker relative, as applicable, shall |
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select a protective payee to receive financial assistance benefits |
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on behalf of the child. The parent or caretaker relative, as |
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applicable, may choose an immediate family member to serve as the |
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protective payee or, if an immediate family member is not available |
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or declines to serve as the protective payee, the person may choose |
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another person approved by the commission. A person must submit to |
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a controlled substance use screening assessment to establish the |
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person's eligibility to serve as a protective payee. A person whose |
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controlled substance use screening assessment indicates good cause |
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to suspect the person of controlled substance use shall submit to a |
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drug test to establish the eligibility of the person to serve as a |
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protective payee. A person whose drug test conducted under this |
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section indicates the presence in the person's body of a controlled |
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substance not prescribed for the person by a health care |
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practitioner is ineligible to serve as a protective payee. |
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(l) The commission shall: |
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(1) use the most efficient and cost-effective |
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controlled substance use screening assessment tool that the |
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commission and the Department of State Health Services can develop |
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based on validated controlled substance use screening assessment |
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tools; and |
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(2) pay the cost of any controlled substance use |
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screening assessment or drug test administered under this section |
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out of the federal Temporary Assistance for Needy Families block |
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grant funds. |
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(m) 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 a controlled substance not prescribed for the person by a |
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health care practitioner. |
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(n) The executive commissioner of the commission shall |
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adopt rules implementing this section. |
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SECTION 2. (a) Section 31.0321, Human Resources Code, as |
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added by this Act, 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 |
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financial assistance benefits under Chapter 31, Human Resources |
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Code, on or after the effective date of this Act; |
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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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Act; |
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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 Act; |
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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 Act. |
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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 Act 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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SECTION 3. 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 4. This Act takes effect September 1, 2013. |