1-1 By: Cuellar of Webb, Hilderbran, et al. H.B. No. 779
1-2 (Senate Sponsor - Zaffirini)
1-3 (In the Senate - Received from the House April 22, 1993;
1-4 April 26, 1993, read first time and referred to Committee on Health
1-5 and Human Services; May 19, 1993, reported adversely, with
1-6 favorable Committee Substitute by the following vote: Yeas 7, Nays
1-7 0; May 19, 1993, sent to printer.)
1-8 COMMITTEE VOTE
1-9 Yea Nay PNV Absent
1-10 Zaffirini x
1-11 Ellis x
1-12 Madla x
1-13 Moncrief x
1-14 Nelson x
1-15 Patterson x
1-16 Shelley x
1-17 Truan x
1-18 Wentworth x
1-19 COMMITTEE SUBSTITUTE FOR H.B. No. 779 By: Zaffirini
1-20 A BILL TO BE ENTITLED
1-21 AN ACT
1-22 relating to AFDC benefits for certain families.
1-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-24 SECTION 1. Subchapter A, Chapter 31, Human Resources Code,
1-25 is amended by adding Sections 31.0125, 31.013, and 31.014 to read
1-26 as follows:
1-27 Sec. 31.0125. COMMUNITY WORK EXPERIENCE PROGRAM.
1-28 (a) Subject to the availability of appropriations for client
1-29 support services, the department by rule shall develop and
1-30 implement a community work experience program in accordance with
1-31 federal law as a part of the job opportunities and basic skills
1-32 (JOBS) training program under Part F, Subchapter IV, Social
1-33 Security Act (42 U.S.C. Section 682).
1-34 (b) In adopting rules under this section, the department
1-35 shall:
1-36 (1) establish the criteria for determining which
1-37 recipients of financial assistance under this chapter who are
1-38 eligible to participate in the JOBS training program will be
1-39 required to participate in the community work experience program;
1-40 (2) ensure that participation in the community work
1-41 experience program will not result in the displacement of an
1-42 employee from an existing position or the elimination of a vacant
1-43 position;
1-44 (3) ensure that the community work experience program
1-45 will not impair an existing service contract or collective
1-46 bargaining agreement;
1-47 (4) ensure that an entity or agency that enters into
1-48 an agreement with the department under this section provides to a
1-49 participant, without paying the participant a salary, job training
1-50 and work experience in certain areas within the entity or agency;
1-51 (5) require that each entity or agency that enters
1-52 into a cooperative agreement with the department under this section
1-53 identify positions within the entity or agency that will enable a
1-54 participant to gain the skills and experience necessary to be able
1-55 to compete in the labor market for comparable positions; and
1-56 (6) amend the service delivery system of the JOBS
1-57 training program to require a participant in the JOBS training
1-58 program who is unemployed after completing the JOBS readiness
1-59 activities outlined in the participant's employability plan,
1-60 including job search, to participate in the community work
1-61 experience program.
1-62 (c) To implement the community work experience program, the
1-63 department shall enter into written nonfinancial cooperative
1-64 agreements with entities that receive funds under a federal Head
1-65 Start program and with state agencies, including institutions of
1-66 higher education or other entities of state government. To be
1-67 eligible to enter into a contract under this section, the entity or
1-68 agency must employ at least 250 persons. The department and the
2-1 entity or agency may waive this requirement by mutual agreement.
2-2 (d) The department and an entity or agency that enters into
2-3 an agreement under this section must establish participation
2-4 requirements for the entity or agency under the community work
2-5 experience program. The requirements must be contained in the
2-6 agreement.
2-7 Sec. 31.013. INTERIM STUDY. (a) The department shall
2-8 conduct a study on the use of time limited receipt of AFDC benefits
2-9 as a mechanism for moving AFDC recipients toward self-sufficiency.
2-10 The department shall submit a report to the 74th Legislature on the
2-11 use of this concept by other states including any available
2-12 evaluation data or statistical information relating to its
2-13 effectiveness. To the extent information is available the report
2-14 shall include findings relating to the following:
2-15 (1) the concept's fiscal impact;
2-16 (2) impact on other support services, such as child
2-17 care;
2-18 (3) impact on geographic areas with high unemployment
2-19 rates;
2-20 (4) expansions of education and job training programs
2-21 to more adequately prepare AFDC recipients for work which have been
2-22 coupled with the implementation of time limited benefits;
2-23 (5) exemptions to time limited assistance which may
2-24 have been granted; and
2-25 (6) information about federal efforts or requirements
2-26 related to implementation of time limited AFDC benefits.
2-27 (b) The department shall cooperate with any Legislative
2-28 committee studying welfare or other income support programs and
2-29 policy.
2-30 (c) The department shall report the findings on the above
2-31 research to the Legislature by January 1, 1995.
2-32 Sec. 31.014. TWO-PARENT FAMILIES. (a) The department shall
2-33 provide financial assistance, in accordance with department rules,
2-34 to a two-parent family if the primary wage earner parent is
2-35 registered in the job opportunities and basic skills (JOBS)
2-36 training program under Part F, Subchapter IV, Social Security Act
2-37 (42 U.S.C. Section 682), or is registered with the Texas Employment
2-38 Commission.
2-39 (b) A family is eligible for assistance under this section
2-40 without regard to:
2-41 (1) the number of hours worked per month by the
2-42 primary wage earner parent; or
2-43 (2) the work history of the primary wage earner
2-44 parent.
2-45 (c) An adult caretaker of a child younger than three years
2-46 of age is exempt from the requirement of Subsection (a).
2-47 SECTION 2. Subchapter A, Chapter 31, Human Resources Code,
2-48 is amended by adding Section 31.0135 to read as follows:
2-49 Sec. 31.0135. PARENTING SKILLS TRAINING. (a) The
2-50 department, in cooperation with the Central Education Agency, shall
2-51 develop a parenting skills training program to assist a recipient
2-52 of assistance under this chapter, including a child who receives
2-53 assistance on behalf of a dependent child.
2-54 (b) The department shall require that a child who is in
2-55 school and who is receiving assistance under this chapter on behalf
2-56 of a dependent child receive parenting skills training.
2-57 SECTION 3. Subchapter A, Chapter 31, Human Resources Code,
2-58 is amended by adding Section 31.0051 to read as follows:
2-59 Sec. 31.0051. MINOR PARENT RESIDING WITH RELATIVES. If the
2-60 department determines based on documentation provided that a minor
2-61 caretaker who is receiving financial assistance and services under
2-62 this chapter on behalf of a dependent child benefits from residing
2-63 with an adult family member who is also receiving assistance under
2-64 this chapter, the department shall provide assistance and services
2-65 to both persons as if they were living separately.
2-66 SECTION 4. The changes in law made by Section 31.014, Human
2-67 Resources Code, as added by this Act, apply only to a two-parent
2-68 family that becomes eligible to receive financial assistance under
2-69 that section on or after the effective date of this Act.
2-70 SECTION 5. The change in law made by Section 31.0051, Human
3-1 Resources Code, as added by this Act, applies only to a person
3-2 receiving financial assistance and services under Chapter 31, Human
3-3 Resources Code, who is residing, on or after the effective date of
3-4 this Act, with a family member who is also receiving assistance and
3-5 services under Chapter 31, Human Resources Code.
3-6 SECTION 6. If before implementing Sections 31.0051, 31.0125,
3-7 31.013, 31.0135, and 31.014, Human Resources Code, as added by this
3-8 Act, the Texas Department of Human Services determines that a
3-9 waiver or authorization from a federal agency is necessary for
3-10 implementation, the department shall request the waiver or
3-11 authorization and may delay implementing those provisions until the
3-12 waiver or authorization is granted.
3-13 SECTION 7. This Act takes effect September 1, 1993.
3-14 SECTION 8. The importance of this legislation and the
3-15 crowded condition of the calendars in both houses create an
3-16 emergency and an imperative public necessity that the
3-17 constitutional rule requiring bills to be read on three several
3-18 days in each house be suspended, and this rule is hereby suspended.
3-19 * * * * *
3-20 Austin,
3-21 Texas
3-22 May 19, 1993
3-23 Hon. Bob Bullock
3-24 President of the Senate
3-25 Sir:
3-26 We, your Committee on Health and Human Services to which was
3-27 referred H.B. No. 779, have had the same under consideration, and I
3-28 am instructed to report it back to the Senate with the
3-29 recommendation that it do not pass, but that the Committee
3-30 Substitute adopted in lieu thereof do pass and be printed.
3-31 Truan,
3-32 Acting Chair
3-33 * * * * *
3-34 WITNESSES
3-35 FOR AGAINST ON
3-36 ___________________________________________________________________
3-37 Name: Patrick Bresette x
3-38 Representing: Center for Public Policy Prior
3-39 City: Austin
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3-41 Name: Anne Heiligenstein x
3-42 Representing: TDHS
3-43 City: Austin
3-44 -------------------------------------------------------------------
3-45 Name: Leslie Lanham x x
3-46 Representing: Children's Defense Fund
3-47 City: Austin
3-48 -------------------------------------------------------------------
3-49 Name: Sarah Bailey x
3-50 Representing: Tx Dept of Commerce
3-51 City:
3-52 -------------------------------------------------------------------
3-53 Name: Jody Denton x
3-54 Representing: TDHS
3-55 City: Austin
3-56 -------------------------------------------------------------------
3-57 Name: Susan Steeg x
3-58 Representing: TDH
3-59 City:
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3-61 Name: Sue Thornton x
3-62 Representing: Texas Impact
3-63 City: Austin
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