Bill Text: TX HB4269 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the drug testing of certain persons seeking and receiving financial assistance or supplemental nutrition assistance benefits.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-25 - Referred to Human Services [HB4269 Detail]
Download: Texas-2019-HB4269-Introduced.html
86R10454 MM-D | ||
By: Zedler | H.B. No. 4269 |
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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. |