HB2958 - Relating to the drug testing of certain persons seeking benefits under the Temporary Assistance for Needy Families (TANF) program.

  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.