Bill Text: TX HB436 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the drug testing of certain persons seeking benefits under the Temporary Assistance for Needy Families (TANF) program.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2017-02-20 - Referred to Human Services [HB436 Detail]
Download: Texas-2017-HB436-Introduced.html
85R425 EES-D | ||
By: King of Hemphill | H.B. No. 436 |
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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 marihuana or controlled substance | ||
use 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 a controlled substance not prescribed for | ||
the person by a health care practitioner or marihuana 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 a controlled substance not | ||
prescribed for the person by a health care practitioner or | ||
marihuana, 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 a controlled substance not prescribed for the person by a health | ||
care practitioner or marihuana 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 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. | ||
(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 results of a drug test administered as provided by | ||
Subsection (k)(2) to confirm the results of a previous drug test are | ||
not considered for purposes of Subsection (e), (g), 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 marihuana | ||
or controlled substance use 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 a controlled substance not | ||
prescribed for the person by a health care practitioner or | ||
marihuana 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 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 a controlled substance not prescribed for the person by a | ||
health care practitioner or marihuana. | ||
(q) 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. | ||
(r) 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 a controlled substance not prescribed for | ||
the person by a health care practitioner or marihuana. | ||
(s) 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, 2017. |