HBA-SEB H.B. 73 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 73
By: Solomons
Human Services
2/9/1999
Introduced



BACKGROUND AND PURPOSE 

Under current law, public health and human service agencies that administer
public assistance programs do not have the authority to screen the
applicants for those services for drug use or criminal history.  H.B. 73
allows for such screening and creates guidelines for an applicant's
eligibility in cases with adverse results.  In addition, it grants agencies
the authority to make rules regarding eligibility and provides applicants
who are denied with a notification and appeals process. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to any health an human services agency
that administers a public assistance program in SECTION 1 (Sections 531.052
and 531.053, Government Code) of this bill.  

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter B, Chapter 531, Government Code, by adding
Sections 531.052 and 531.053, as follows: 

Sec. 521.052.  APPLICANT SCREENING FOR CRIMINAL HISTORY.  (a)  Requires a
health and human services agency that administers a public assistance
program to obtain all criminal history records of an applicant for public
assistance benefits administered by that agency. 

(b)  Establishes that an applicant who is the subject of an arrest warrant
is ineligible to receive public assistance benefits while the warrant is
outstanding. 

(c)  Requires a health and human services agency to adopt rules that
establish periods of ineligibility resulting from adverse criminal history
other than an outstanding arrest warrant as appropriate for  the type of
public assistance benefits being administered. 

(d)  Requires an agency to notify an applicant who is ineligible for public
assistance benefits due to the applicant's adverse criminal history or an
outstanding arrest warrant. 

(e)  Provides that the notification indicate that an applicant is entitled
to make a written request for a public hearing before the agency concerning
the accuracy of the criminal history record information.  Specifies the
time frame during which the applicant can make the hearing request. 

Sec. 531.053.  APPLICANT SCREENING FOR DRUG USE.  (a)  Provides that a
health and human services agency that administers a public assistance
program has the authority to adopt rules requiring drug testing of
applicants for public assistance benefits.  Requires that the rules provide
that an applicant is ineligible for public assistance benefits if the
applicant's drug test reveals the presence of a controlled substance as
defined by Chapter 481, Health and Safety Code (Texas Controlled Substances
Act), that is not prescribed by a physician. Authorizes the rules to
provide that an applicant must submit to random drug testing as a condition
of continued eligibility. 

 (b)  Requires an agency to notify an applicant who is ineligible to
receive public assistance benefits due to a positive drug test. 

(c)  Provides that the notification indicate that the applicant is entitled
to make a written request for a public hearing before the agency concerning
the results of the drug test. Specifies the time frame during which the
applicant can make the hearing request. 

(d)  Requires the agency to pay for the cost of the drug test required by a
rule adopted by the agency under this section.  

SECTION 2.  Amends Subchapter F, Chapter 411, Government Code, by adding
Section 411.1401, as follows: 

Sec. 411.1401.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: HEALTH AND
HUMAN SERVICES AGENCIES.  Provides that "health and human services agency"
has the meaning assigned to it by Section 531.001, Government Code
(Definitions).  Entitles a health and human services agency to obtain from
the Texas Department of Public Safety (department) criminal history record
information maintained by the department relating to an applicant for
public assistance benefits.  Authorizes that criminal history record
information be used  for any purpose relating to the agency's determination
of an applicant's eligibility for public assistance benefits.  Prohibits
the disclosure or release of the criminal history record information to any
person except in a hearing conducted by the agency on court order or with
the consent of the person to whom the information refers. 

SECTION 3.  Requires a state agency to request a waiver or authorization
from a federal agency if the state agency determines that a waiver or
authorization is necessary for the implementation of this Act.  Authorizes
the agency to delay the implementation of this Act until the waiver or
authorization is granted. 

SECTION 4.  Effective date:  September 1, 1999.  
                       Makes application of this Act prospective.

SECTION 5.  Emergency clause.