Bill Text: TX HB68 | 2011 | 82nd Legislature 1st Special | Introduced

Texas House Bill 68 (Prior Session Legislation)

Introduced

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-06-09 - Referred to Human Services [HB68 Detail]

Download: Texas-2011-HB68-Introduced.html

	82S10280 ALB-D

	By: Laubenberg	H.B. No. 68



	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, "controlled substance" has the meaning 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) 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 is ineligible for financial assistance for a period of
	12 months from the date the department receives the test results.
	(d) Before denying financial assistance under this section,
	the department must:
	(1) notify the person of the results of the drug test
	and the department'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.
	(e) The denial of financial assistance to an adult applicant
	under this section does not affect the eligibility of the person's
	child or other household members for financial assistance.
	(f) The department 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
	because of the results of a drug test required under this section.
	(g) The report required under Subsection (f):
	(1) may be submitted electronically; and
	(2) must be made available to the public on the Health
	and Human Services Commission's Internet website.
	(h) The executive commissioner of the Health and Human
	Services 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 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 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 on the 91st day after the
	last day of the legislative session.