By:  Holzheauser                                      H.B. No. 2144
       73R5116 MLR-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to termination of AFDC payments for certain children.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 31.001, Human Resources Code, is amended
    1-5  to read as follows:
    1-6        Sec. 31.001.  AID TO FAMILIES WITH DEPENDENT CHILDREN.  (a)
    1-7  The department shall provide financial assistance and services to
    1-8  families with dependent children in accordance with the provisions
    1-9  of this chapter.
   1-10        (b)  The signature on the AFDC application of the parent,
   1-11  guardian, or other individual who is applying for assistance
   1-12  constitutes written consent for the release to the department of
   1-13  school attendance records required to administer Subchapter D.
   1-14        SECTION 2.  Chapter 31, Human Resources Code, is amended by
   1-15  adding Subchapter D to read as follows:
   1-16      SUBCHAPTER D.  ELIGIBILITY OF SCHOOL AGE DEPENDENT CHILDREN
   1-17                  AND CHILD RECIPIENTS OF ASSISTANCE
   1-18        Sec. 31.061.  ELIGIBILITY.  (a)  The department shall require
   1-19  as a condition of eligibility under this chapter that a person who
   1-20  is at least 13 years of age but younger than 18 years of age and
   1-21  who is a dependent child or is receiving assistance on behalf of a
   1-22  dependent child attend school regularly or possess a high school
   1-23  diploma or a high school equivalency certificate.
   1-24        (b)  This subchapter does not apply to a child who is
    2-1  specifically exempted from compulsory attendance under Section
    2-2  21.033, Education Code.
    2-3        Sec. 31.062.  SCHOOL ATTENDANCE REQUIRED.  (a)  The
    2-4  department by rule shall establish criteria to determine whether a
    2-5  person who is a dependent child or is receiving assistance on
    2-6  behalf of a dependent child is regularly attending school.  The
    2-7  rules shall provide that:
    2-8              (1)  the person must comply with attendance
    2-9  requirements under Subchapter B, Chapter 21, Education Code; and
   2-10              (2)  attendance for a school day is considered at least
   2-11  five hours of a regular school day.
   2-12        (b)  At the time of application for assistance under this
   2-13  chapter, at the end of every school semester and during each
   2-14  regular review, the department shall contact the school attendance
   2-15  officer at the school in which the person is enrolled to determine
   2-16  if the person is regularly attending school.
   2-17        (c)  The department shall immediately notify the parent,
   2-18  guardian, or managing conservator of the child if the department
   2-19  determines that the child has not met the school attendance
   2-20  requirements prescribed by this subchapter.
   2-21        Sec. 31.063.  EXEMPTIONS; EXCUSED ABSENCES.  (a)  The
   2-22  department by rule shall prescribe criteria for exempting a child
   2-23  from this subchapter and for determining when an absence is
   2-24  excused.
   2-25        (b)  The rules relating to excused absences may be no more
   2-26  restrictive than the standards for determining an excused absence
   2-27  under Subchapter B, Chapter 21, Education Code.
    3-1        Sec. 31.064.  BENEFITS WITHHELD.  (a)  If after an
    3-2  investigation the department determines that a dependent child or a
    3-3  child receiving benefits on behalf of a dependent child is not
    3-4  meeting attendance requirements under this subchapter, the
    3-5  department shall withhold the assistance provided to or for that
    3-6  child in accordance with department rules.
    3-7        (b)  The department shall immediately notify the individual
    3-8  receiving assistance if the department determines that assistance
    3-9  is to be withheld.
   3-10        (c)  If an adult is receiving assistance on behalf of a
   3-11  dependent child who does not meet the school attendance
   3-12  requirements prescribed by this subchapter and that child is the
   3-13  only dependent child on whose behalf the adult receives assistance,
   3-14  the department may continue assistance to the adult for not more
   3-15  than three months to meet the needs of the adult.  The additional
   3-16  assistance may be continued only during the period that follows the
   3-17  first time the dependent child does not meet the school attendance
   3-18  requirements.
   3-19        Sec. 31.065.  GOOD CAUSE NONCOMPLIANCE HEARING.  (a)  If the
   3-20  department has determined that a child is not meeting attendance
   3-21  requirements, the child, the person receiving assistance on behalf
   3-22  of a dependent child, or the child's parent, guardian, or managing
   3-23  conservator may request a hearing to show good cause for
   3-24  noncompliance.
   3-25        (b)  If the department finds that good cause for
   3-26  noncompliance was not shown at a hearing, the department shall
   3-27  withhold assistance paid for or to a child until the department
    4-1  determines that the child is in compliance with this subchapter.
    4-2        Sec. 31.066.  SUPPORT SERVICES; PARENTING SKILLS TRAINING.
    4-3  The department shall develop a program of support-related services
    4-4  to assist a dependent child or a child receiving assistance on
    4-5  behalf of a dependent child in meeting school requirements for
    4-6  graduation, including counseling concerning available child care,
    4-7  transportation, alternative educational services, such as a high
    4-8  school equivalency certificate for 17- and 18-year-olds, and
    4-9  vocational rehabilitation services.  The department, in cooperation
   4-10  with the Central Education Agency, shall also develop a parenting
   4-11  skills training program to assist a child who is receiving
   4-12  assistance on behalf of a dependent child and is not in compliance
   4-13  with this subchapter.
   4-14        SECTION 3.  If before implementing Subchapter D, Chapter 31,
   4-15  Human Resources Code, as added by this Act, the Texas Department of
   4-16  Human Services determines that a waiver or authorization from a
   4-17  federal agency is necessary for implementation, the department
   4-18  shall request the waiver or authorization and may delay
   4-19  implementing those provisions until the waiver or authorization is
   4-20  granted.
   4-21        SECTION 4.  This Act takes effect September 1, 1993, and
   4-22  applies only to benefits provided to or for a child who does not
   4-23  meet attendance requirements during and after the fall semester,
   4-24  1993, or who drops out of school on or after the effective date of
   4-25  this Act.  Benefits provided to a child who does not meet
   4-26  attendance requirements before the effective date of this Act are
   4-27  governed by the law in effect on the day the child failed to meet
    5-1  attendance requirements, and that law is continued in effect for
    5-2  that purpose.
    5-3        SECTION 5.  The importance of this legislation and the
    5-4  crowded condition of the calendars in both houses create an
    5-5  emergency   and   an   imperative   public   necessity   that   the
    5-6  constitutional rule requiring bills to be read on three several
    5-7  days in each house be suspended, and this rule is hereby suspended.