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.