By Cuellar of Webb, Hilderbran, et al. H.B. No. 779 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to AFDC benefits for certain families. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subchapter A, Chapter 31, Human Resources Code, 1-5 is amended by adding Sections 31.0125, 31.013, and 31.014 to read 1-6 as follows: 1-7 Sec. 31.0125. COMMUNITY WORK EXPERIENCE PROGRAM. (a) 1-8 Subject to the availability of appropriations for client support 1-9 services, the department by rule shall develop and implement a 1-10 community work experience program in accordance with federal law as 1-11 a part of the job opportunities and basic skills (JOBS) training 1-12 program under Part F, Subchapter IV, Social Security Act (42 U.S.C. 1-13 Section 682). 1-14 (b) In adopting rules under this section, the department 1-15 shall: 1-16 (1) establish the criteria for determining which 1-17 recipients of financial assistance under this chapter who are 1-18 eligible to participate in the JOBS training program will be 1-19 required to participate in the community work experience program; 1-20 (2) ensure that participation in the community work 1-21 experience program will not result in the displacement of an 1-22 employee from an existing position or the elimination of a vacant 1-23 position; 1-24 (3) ensure that the community work experience program 2-1 will not impair an existing service contract or collective 2-2 bargaining agreement; 2-3 (4) ensure that an entity or agency that enters into 2-4 an agreement with the department under this section provides to a 2-5 participant, without paying the participant a salary, job training 2-6 and work experience in certain areas within the entity or agency; 2-7 (5) require that each entity or agency that enters 2-8 into a cooperative agreement with the department under this section 2-9 identify positions within the entity or agency that will enable a 2-10 participant to gain the skills and experience necessary to be able 2-11 to compete in the labor market for comparable positions; and 2-12 (6) amend the service delivery system of the JOBS 2-13 training program to require a participant in the JOBS training 2-14 program who is unemployed after completing the JOBS readiness 2-15 activities outlined in the participant's employability plan, 2-16 including job search, to participate in the community work 2-17 experience program. 2-18 (c) To implement the community work experience program, the 2-19 department shall enter into written nonfinancial cooperative 2-20 agreements with entities that receive funds under a federal Head 2-21 Start program and with state agencies, including institutions of 2-22 higher education or other entities of state government. To be 2-23 eligible to enter into a contract under this section, the entity or 2-24 agency must employ at least 250 persons. The department and the 2-25 entity or agency may waive this requirement by mutual agreement. 2-26 (d) The department and an entity or agency that enters into 2-27 an agreement under this section must establish participation 3-1 requirements for the entity or agency under the community work 3-2 experience program. The requirements must be contained in the 3-3 agreement. 3-4 Sec. 31.013. LOSS OF ELIGIBILITY. (a) The department may 3-5 not provide financial assistance for the support of an adult who 3-6 receives financial assistance on behalf of a dependent child if the 3-7 adult: 3-8 (1) participates in the job opportunities and basic 3-9 skills (JOBS) training program and completes the JOBS readiness 3-10 activities outlined in the adult's employability plan under the 3-11 program; and 3-12 (2) has received without interruption the financial 3-13 assistance for two consecutive years following completion of the 3-14 job opportunities and basic skills (JOBS) training program. 3-15 (b) A loss of financial assistance for less than one 3-16 calendar month does not constitute an interruption of assistance 3-17 for purposes of Subdivision (a)(2). 3-18 (c) An adult may reapply with the department for financial 3-19 assistance and services for the support of the adult on or after 3-20 the third anniversary of the date on which the adult is totally 3-21 disqualified from receiving financial assistance and services 3-22 because of the application of this section. 3-23 (d) In this section, "job opportunities and basic skills 3-24 (JOBS) training program" means the job opportunities and basic 3-25 skills training program under Part F, Subchapter IV, Social 3-26 Security Act (42 U.S.C. Section 682). 3-27 Sec. 31.014. TWO-PARENT FAMILIES. (a) The department shall 4-1 provide financial assistance, in accordance with department rules, 4-2 to a two-parent family if the primary wage earner parent is 4-3 registered in the job opportunities and basic skills (JOBS) 4-4 training program under Part F, Subchapter IV, Social Security Act 4-5 (42 U.S.C. Section 682), or is registered with the Texas 4-6 Employment Commission. 4-7 (b) A family is eligible for assistance under this section 4-8 without regard to: 4-9 (1) the number of hours worked per month by the 4-10 primary wage earner parent; or 4-11 (2) the work history of the primary wage earner 4-12 parent. 4-13 (c) A caretaker of a child younger than three years of age 4-14 is exempt from the requirement of Subsection (a). 4-15 SECTION 2. Subchapter A, Chapter 31, Human Resources Code, 4-16 is amended by adding Section 31.0135 to read as follows: 4-17 Sec. 31.0135. PARENTING SKILLS TRAINING. (a) The 4-18 department, in cooperation with the Central Education Agency, shall 4-19 develop a parenting skills training program to assist a recipient 4-20 of assistance under this chapter, including a child who receives 4-21 assistance on behalf of a dependent child. 4-22 (b) The department shall require that a child who is in 4-23 school and who is receiving assistance under this chapter on behalf 4-24 of a dependent child receive parenting skills training. 4-25 SECTION 3. Subchapter A, Chapter 31, Human Resources Code, 4-26 is amended by adding Section 31.0051 to read as follows: 4-27 Sec. 31.0051. MINOR PARENT RESIDING WITH RELATIVES. If 5-1 after an investigation the department determines that a child who 5-2 is receiving financial assistance and services under this chapter 5-3 on behalf of a dependent child benefits from residing with an adult 5-4 family member who is also receiving assistance under this chapter, 5-5 the department shall provide assistance and services to both 5-6 persons as if they were living separately. 5-7 SECTION 4. The changes in law made by Section 31.014, Human 5-8 Resources Code, as added by this Act, apply only to a two-parent 5-9 family that becomes eligible to receive financial assistance under 5-10 that section on or after the effective date of this Act. 5-11 SECTION 5. The change in law made by Section 31.0051, Human 5-12 Resources Code, as added by this Act, applies only to a person 5-13 receiving financial assistance and services under Chapter 31, Human 5-14 Resources Code, who is residing, on or after the effective date of 5-15 this Act, with a family member who is also receiving assistance and 5-16 services under Chapter 31, Human Resources Code. 5-17 SECTION 6. If before implementing Sections 31.0051, 31.0125, 5-18 31.013, 31.0135, and 31.014, Human Resources Code, as added by this 5-19 Act, the Texas Department of Human Services determines that a 5-20 waiver or authorization from a federal agency is necessary for 5-21 implementation, the department shall request the waiver or 5-22 authorization and may delay implementing those provisions until the 5-23 waiver or authorization is granted. 5-24 SECTION 7. (a) The changes in law made by Section 31.014, 5-25 Human Resources Code, as added by this Act, apply only to a 5-26 two-parent family that becomes eligible to receive financial 5-27 assistance under that section on or after the effective date of 6-1 this Act. 6-2 (b) In determining eligibility for financial assistance 6-3 under Section 31.013, Human Resources Code, as added by this Act, 6-4 the Texas Department of Human Services may not consider financial 6-5 assistance provided before the effective date of this Act. 6-6 SECTION 8. This Act takes effect September 1, 1993. 6-7 SECTION 9. The importance of this legislation and the 6-8 crowded condition of the calendars in both houses create an 6-9 emergency and an imperative public necessity that the 6-10 constitutional rule requiring bills to be read on three several 6-11 days in each house be suspended, and this rule is hereby suspended.