Slawson Bill Drug Screens TANF Applicants, Third Positive And Out

The text as introduced · 1,552 words

89R5362 LRM-D

By: Slawson
H.B. No. 2958

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 Section 481.002, 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 use of marihuana, other than low-THC

cannabis prescribed for the person by a physician as 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, 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 marihuana, other than low-THC cannabis

prescribed as described by Subsection (c), or of a controlled

substance not prescribed as described by that subsection, 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

marihuana, other than low-THC cannabis prescribed as described by

Subsection (c), or of a controlled substance not prescribed as

described by that subsection, 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 marihuana, other than low-THC cannabis

prescribed as described by Subsection (c), or of a controlled

substance not prescribed as described by that subsection, 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 commission may only use the results of a drug test

administered as provided by Subsection (j)(2) to confirm the

results of a previous drug test and may not consider those results

independently as a basis for denying eligibility under Subsection

(d), (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 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 marihuana, other than low-THC cannabis prescribed as

described by Subsection (c), or of a controlled substance not

prescribed as described by that subsection.

(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 use of

marihuana, other than low-THC cannabis prescribed as described by

Subsection (c), or of a controlled substance not prescribed as

described by that subsection shall submit to a drug test to

establish the eligibility of the person to serve as a protective

payee, subject to rules adopted under Subsection (o) that exempt a

person from the drug test. A person whose drug test conducted under

this section indicates the presence in the person's body of

marihuana, other than low-THC cannabis prescribed as described by

Subsection (c), or of a controlled substance not prescribed as

described by that subsection 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, 2025.