By: Nelson, et al.	S.B. No. 11
	(In the Senate - Filed November 12, 2012; January 28, 2013,
	read first time and referred to Committee on Health and Human
	Services; April 2, 2013, reported adversely, with favorable
	Committee Substitute by the following vote:  Yeas 9, Nays 0;
	April 2, 2013, sent to printer.)
	COMMITTEE SUBSTITUTE FOR S.B. No. 11	By:  Nelson

	A BILL TO BE ENTITLED
	AN ACT
	relating to the 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 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 (h) and (i), 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.  In addition, 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 the 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 the 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 the 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 the 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 (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
	controlled substance use screening assessment to establish the
	person's eligibility to serve as a protective payee.  A person whose
	controlled substance use screening assessment indicates good cause
	to suspect the person of 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 is ineligible to serve as a protective payee.
	(o)  The executive commissioner of the commission 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 Subdivisions (3) and (4),
	Subsection (a) 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 Act 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.
	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.
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