Bill Text: TX SB268 | 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 1-0)

Status: (Introduced - Dead) 2017-01-30 - Referred to Health & Human Services [SB268 Detail]

Download: Texas-2017-SB268-Introduced.html
  85R4593 EES-D
 
  By: Nelson S.B. No. 268
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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, subject to rules adopted under
  Subsection (o) that exempt a person from the drug test.
         (d)  The first time a person is required to submit to a drug
  test under this section and the drug test indicates 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 for a period of six
  months. The denial of eligibility for financial assistance
  benefits to a person under this subsection does not affect the
  eligibility of the person's family for financial assistance
  benefits.
         (e)  Except as provided in Subsection (f), the second time a
  person is required to submit to a drug test under this section and
  the drug test indicates 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 for a period of 12 months.
         (f)  A person who is denied eligibility for financial
  assistance benefits for a second time because of the results of a
  drug test conducted under this section may reapply for financial
  assistance benefits six months after the date the person's period
  of ineligibility began 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, subject to rules adopted under Subsection (o) that
  exempt a person from the drug test.
         (g)  The third time a person is required to submit to a drug
  test under this section and the drug test indicates 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
  permanently ineligible for financial assistance benefits.
         (h)  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, subject to rules adopted under Subsection (o) that
  exempt a person from the drug test.
         (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, subject to
  rules adopted under Subsection (o) that exempt a person from the
  drug test.
         (j)  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.
         (k)  The results of a drug test administered as provided by
  Subsection (j)(2) to confirm the results of a previous drug test are
  not considered for purposes of Subsection (e) or (g).
         (l)  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.
         (m)  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.
         (n)  If a parent or caretaker relative of a dependent child
  is ineligible under Subsection (d), (e), or (g) to receive
  financial assistance benefits on behalf of the child because of the
  results of a drug test conducted under this section, the commission
  shall designate a protective payee to receive financial assistance
  benefits on behalf of the child. 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 executive commissioner shall adopt rules
  implementing this section, including rules that exempt a person
  from having to submit to a drug test under this section if:
               (1)  there is no person who is authorized to administer
  a drug test under this section in the county in which the person
  resides; and
               (2)  submitting to a drug test outside the person's
  county would impose an unreasonable hardship on the person.
         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.
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