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.