Bill Text: TX HB1244 | 2013-2014 | 83rd Legislature | Introduced

Texas House Bill 1244 (Prior Session Legislation)

Introduced

Bill Title: Relating to drug testing of certain persons seeking financial assistance benefits.

Sponsorship: Partisan Bill (Republican 14)

Status: (Introduced - Dead) 2013-04-02 - Left pending in committee [HB1244 Detail]

Download: Texas-2013-HB1244-Introduced.html

	83R6952 EES-D

	By: King of Parker	H.B. No. 1244



	A BILL TO BE ENTITLED
	AN ACT
	relating to drug testing of certain persons seeking financial
	assistance benefits.
	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 TESTING AND 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) Each adult applicant, excluding an applicant applying
	solely on behalf of a child, for financial assistance benefits must
	submit to a drug test to establish the applicant's eligibility for
	those benefits.
	(c) Except as provided in Subsection (d), 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 is ineligible for
	financial assistance benefits for a period of six months from the
	date the commission receives the test results.
	(d) 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 three months after
	the date the commission receives the test results 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 (b), regardless of whether the
	person is continuing to receive substance abuse treatment.
	(e) Before denying financial assistance benefits to a
	person under this section, the commission must:
	(1) notify the person of the results of the drug test
	and the commission's proposed determination of ineligibility;
	(2) confirm the results of the drug test through a
	second drug test or other appropriate method; and
	(3) provide the person with an opportunity for a
	public hearing concerning the results of the drug test.
	(f) The denial of financial assistance benefits to an adult
	applicant under this section does not affect the eligibility of the
	person's child or other household members for financial assistance
	benefits.
	(g) The commission shall prepare and submit an annual report
	to the legislature that contains information on:
	(1) the number of persons required to submit to a drug
	test under this section;
	(2) the number of persons who actually submitted to a
	drug test under this section; and
	(3) the number of persons denied financial assistance
	benefits because of the results of a drug test required under this
	section.
	(h) The report required under Subsection (g):
	(1) may be submitted electronically; and
	(2) must be made available to the public on the
	commission's Internet website.
	(i) The executive commissioner of the commission shall
	adopt rules implementing this section.
	SECTION 2. Section 31.0321, Human Resources Code, as added
	by this Act, applies only to an application for an initial
	determination of eligibility for financial assistance benefits
	under Chapter 31, Human Resources Code, submitted on or after the
	effective date of this Act. An application for an initial
	determination of eligibility for financial assistance benefits
	submitted before the effective date of this Act, and any
	application for a redetermination of that eligibility submitted
	before, on, or after the effective date of this Act, is governed by
	the law in effect immediately before the effective date of this Act,
	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, 2013.