HBA-TBM S.B. 49 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 49
By: Zaffirini
Human Services
4/23/2001
Engrossed



BACKGROUND AND PURPOSE 

When the federal government passed the Personal Responsibility and Work
Opportunity Reconciliation Act (PRWORA) in August of 1996, Texas was
allowed to take advantage of a waiver option to continue policies adopted
under state welfare reform previously enacted by the 74th Legislature.  On
the expiration of the waivers, Texas will have the option of conforming to
federal law or maintaining current policies, if those policies are codified
by the state.  Senate Bill 49 codifies current policies regarding sanctions
to recipients of Temporary Assistance for Needy Families (TANF) for
misdemeanor and felony drug and alcohol offenses.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Department of Human Services
in SECTION 1 (Section 31.00322, Human Resources Code) and SECTION 2
(Section 33.014, Human Resources Code) of this bill.   

ANALYSIS

Senate Bill 49 amends the Human Resources Code to establish penalties for
recipients of financial and nutritional assistance for certain drug- and
alcohol-related convictions.  The bill requires the Texas Department of
Human Services (DHS) to reduce the amount of financial assistance provided
to a person by $25 each month for six months if the person is convicted of
or receives deferred adjudication for a misdemeanor offense involving the
possession, use, or distribution of alcohol or a controlled substance.   

The bill provides that a person is permanently ineligible for financial
assistance or food stamps if the person is convicted of a felony offense
involving the manufacture or distribution of a controlled substance.  A
person who has been convicted of a felony offense involving the possession
or use of a controlled substance is ineligible for financial assistance or
food stamps until the third anniversary of the date of the conviction,
unless the person:  

 _has completed any sentence of confinement or imprisonment imposed by the
court in connection with the conviction;  

 _is in compliance with the terms and conditions of any parole or community
supervision; and  

 _has completed or is participating in a drug rehabilitation, counseling,
or support program.  

The bill provides that the eligibility of any other member of the household
of an ineligible person or the eligibility of a person for specified
federal benefits is not affected.   

The bill requires an applicant for financial assistance to indicate to DHS
in writing whether the applicant or any member of the applicant's household
has been convicted of a felony offense involving a controlled  substance.
The bill requires DHS to adopt rules as necessary to implement these
provisions.   

EFFECTIVE DATE

April 1, 2002.