SB2760 - Relating to the eligibility for financial assistance of persons following certain drug-related convictions.

  89R12327 KKR-F     By: Cook S.B. No. 2760       A BILL TO BE ENTITLED   AN ACT   relating to the eligibility for financial assistance of persons   following certain drug-related convictions.          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.     ELIGIBILITY FOLLOWING CERTAIN DRUG-RELATED   CRIMINAL CONVICTIONS; ANNUAL REPORT.   (a)     In this section:                 (1)     "Chemical dependency" and "treatment facility"   have the meanings assigned by Section 462.001, Health and Safety   Code.                 (2)     "Chemical dependency treatment provider" means a   licensed physician, psychologist, professional counselor, or   chemical dependency counselor.           (b)     As authorized by 21 U.S.C. Section 862a(d)(1)(A), and to   the extent provided by this section, 21 U.S.C. Section 862a(a)(1)   does not apply when determining the eligibility of a person for   financial assistance.           (c)     A person who has been convicted of, and released on   parole or placed on community supervision for, any felony offense   that has as an element the possession, use, or distribution of a   controlled substance, as defined in 21 U.S.C. Section 802, is   eligible for financial assistance if:                 (1)     the person meets all other eligibility   requirements for financial assistance under this chapter; and                 (2)     submits to the commission, in the form and manner   prescribed by commission rules, written certification from a   licensed chemical dependency treatment provider that, based on the   provider's assessment of the person:                       (A)     the person does not require chemical   dependency treatment; or                       (B)     the provider recommends the person receive   chemical dependency treatment and the person:                             (i)     is actively participating in a   treatment program provided by a licensed treatment facility; or                             (ii)     successfully completed a treatment   program provided by a licensed treatment facility after the   assessment was conducted.           (d)     The executive commissioner shall adopt rules necessary   to implement this section.           (e)     Not later than December 1 of each year, the commission   shall prepare and submit to the legislature a written report on the   effect of implementing this section, including:                 (1)     the number of persons described by Subsection (c)   who were determined eligible for financial assistance under this   chapter during the preceding state fiscal year;                 (2)     for persons described by Subsection (c) who were   determined eligible for financial assistance under this chapter, an   analysis on the effect, if any, receiving the assistance had on the   persons' family stability and dependence on other public assistance   programs;                   (3)     any challenges the commission encountered in   implementing this section; and                   (4)     any recommendations for legislative or other   action.          SECTION 2.  As soon as practicable after the effective date   of this Act, the Health and Human Services Commission shall:                (1)  conduct outreach to potential recipients of   financial assistance under Chapter 31, Human Resources Code, to   inform the potential recipients about the change in eligibility   criteria under Section 31.0321(c), Human Resources Code, as added   by this Act; and                (2)  collaborate with community organizations and   local governments that provide reentry services to persons   described by Section 31.0321(c), Human Resources Code, as added by   this Act, to provide information and assistance to those persons on   the availability of and the application process for financial   assistance benefits under Chapter 31, Human Resources Code.          SECTION 3.  The changes in law made by this Act apply only to   an initial determination or redetermination of eligibility of a   person for financial assistance under Chapter 31, Human Resources   Code, made on or after the effective date of this Act.          SECTION 4.  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 5.  This Act takes effect September 1, 2025.