By: Holzheauser H.B. No. 2147
73R5117 MLR-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to welfare benefits.
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. Subchapter A, Chapter 31, Human Resources Code,
1-15 is amended by adding Section 31.0035 to read as follows:
1-16 Sec. 31.0035. CHILD CARE SERVICES. (a) The department
1-17 shall provide necessary child care services, in accordance with
1-18 department rules and federal law, to a person who was receiving
1-19 financial assistance under this chapter but is no longer eligible
1-20 to receive the assistance because the person's household income
1-21 exceeds the department's 100 percent needs standard in an amount
1-22 that totally disqualifies the person for the assistance.
1-23 (b) Except as provided by Subsection (c), the department may
1-24 provide the child care services only until the first anniversary of
2-1 the date on which the person's household income exceeds the
2-2 department's 100 percent needs standard in an amount that totally
2-3 disqualifies the person for financial assistance.
2-4 (c) If the person is employed, the department may continue
2-5 to provide child care services after the date prescribed by
2-6 Subsection (b), but only until the earlier of:
2-7 (1) the third anniversary of the date on which the
2-8 person's household income exceeds the department's 100 percent
2-9 needs standard in an amount that totally disqualifies the person
2-10 for financial assistance;
2-11 (2) the date the person receives child care services
2-12 as a part of the person's employment benefits; or
2-13 (3) the date the person is no longer employed.
2-14 SECTION 3. Subchapter A, Chapter 31, Human Resources Code,
2-15 is amended by adding Section 31.0051 to read as follows:
2-16 Sec. 31.0051. MINOR PARENT RESIDING WITH RELATIVES. (a) If
2-17 after an investigation the department determines that a child who
2-18 is receiving financial assistance and services under this chapter
2-19 on behalf of a dependent child benefits from residing with an adult
2-20 family member who is also receiving assistance under this chapter,
2-21 the department shall provide assistance and services to both
2-22 persons as if they were living separately.
2-23 (b) The department may not provide to a person additional
2-24 assistance or services for a dependent child born to the person
2-25 while the person is receiving assistance under this section.
2-26 SECTION 4. Subchapter A, Chapter 31, Human Resources Code,
2-27 is amended by adding Section 31.013 to read as follows:
3-1 Sec. 31.013. PARENTING SKILLS TRAINING. (a) The
3-2 department, in cooperation with the Central Education Agency, shall
3-3 develop a parenting skills training program to assist a recipient
3-4 of assistance under this chapter, including a child who receives
3-5 assistance on behalf of a dependent child.
3-6 (b) The department shall require that a child who is in
3-7 school and who is receiving assistance under this chapter on behalf
3-8 of a dependent child receive parenting skills training.
3-9 SECTION 5. Subchapter B, Chapter 32, Human Resources Code,
3-10 is amended by adding Section 32.0255 to read as follows:
3-11 Sec. 32.0255. TRANSITIONAL MEDICAL ASSISTANCE. (a) The
3-12 department shall provide medical assistance, in accordance with
3-13 department rules and federal law, to a person who was receiving
3-14 financial assistance under Chapter 31 but is no longer eligible to
3-15 receive the financial assistance because the person's household
3-16 income exceeds the department's 100 percent needs standard in an
3-17 amount that totally disqualifies the person for financial
3-18 assistance.
3-19 (b) Except as provided by Subsection (c), the department may
3-20 provide the medical assistance only until the first anniversary of
3-21 the date on which the person's household income exceeds the
3-22 department's 100 percent needs standard in an amount that totally
3-23 disqualifies the person for financial assistance.
3-24 (c) If the person is employed, the department may continue
3-25 to provide medical assistance after the date prescribed by
3-26 Subsection (b), but only until the earlier of:
3-27 (1) the third anniversary of the date on which the
4-1 person's household income exceeds the department's 100 percent
4-2 needs standard in an amount that totally disqualifies the person
4-3 for financial assistance;
4-4 (2) the date the person receives health insurance
4-5 benefits for the person and the person's dependents as a part of
4-6 the person's employment benefits; or
4-7 (3) the date the person is no longer employed.
4-8 SECTION 6. Chapter 31, Human Resources Code, is amended by
4-9 adding Subchapter D to read as follows:
4-10 SUBCHAPTER D. ELIGIBILITY OF SCHOOL AGE DEPENDENT CHILDREN
4-11 AND CHILD RECIPIENTS OF ASSISTANCE
4-12 Sec. 31.061. ELIGIBILITY. (a) The department shall require
4-13 as a condition of eligibility under this chapter that a person who
4-14 is at least 13 years of age but younger than 18 years of age and
4-15 who is a dependent child or is receiving assistance on behalf of a
4-16 dependent child attend school regularly or possess a high school
4-17 diploma or a high school equivalency certificate.
4-18 (b) This subchapter does not apply to a child who is
4-19 specifically exempted from compulsory attendance under Section
4-20 21.033, Education Code.
4-21 Sec. 31.062. SCHOOL ATTENDANCE REQUIRED. (a) The
4-22 department by rule shall establish criteria to determine whether a
4-23 person who is a dependent child or is receiving assistance on
4-24 behalf of a dependent child is regularly attending school. The
4-25 rules shall provide that:
4-26 (1) the person must comply with attendance
4-27 requirements under Subchapter B, Chapter 21, Education Code; and
5-1 (2) attendance for a school day is considered at least
5-2 five hours of a regular school day.
5-3 (b) At the time of application for assistance under this
5-4 chapter, at the end of every school semester and during each
5-5 regular review, the department shall contact the school attendance
5-6 officer at the school in which the person is enrolled to determine
5-7 if the person is regularly attending school.
5-8 (c) The department shall immediately notify the parent,
5-9 guardian, or managing conservator of the child if the department
5-10 determines that the child has not met the school attendance
5-11 requirements prescribed by this subchapter.
5-12 Sec. 31.063. EXEMPTIONS; EXCUSED ABSENCES. (a) The
5-13 department by rule shall prescribe criteria for exempting a child
5-14 from this subchapter and for determining when an absence is
5-15 excused.
5-16 (b) The rules relating to excused absences may be no more
5-17 restrictive than the standards for determining an excused absence
5-18 under Subchapter B, Chapter 21, Education Code.
5-19 Sec. 31.064. BENEFITS WITHHELD. (a) If after an
5-20 investigation the department determines that a dependent child or a
5-21 child receiving benefits on behalf of a dependent child is not
5-22 meeting attendance requirements under this subchapter, the
5-23 department shall withhold the assistance provided to or for that
5-24 child in accordance with department rules.
5-25 (b) The department shall immediately notify the individual
5-26 receiving assistance if the department determines that assistance
5-27 is to be withheld.
6-1 (c) If an adult is receiving assistance on behalf of a
6-2 dependent child who does not meet the school attendance
6-3 requirements prescribed by this subchapter and that child is the
6-4 only dependent child on whose behalf the adult receives assistance,
6-5 the department may continue assistance to the adult for not more
6-6 than three months to meet the needs of the adult. The additional
6-7 assistance may be continued only during the period that follows the
6-8 first time the dependent child does not meet the school attendance
6-9 requirements.
6-10 Sec. 31.065. GOOD CAUSE NONCOMPLIANCE HEARING. (a) If the
6-11 department has determined that a child is not meeting attendance
6-12 requirements, the child, the person receiving assistance on behalf
6-13 of a dependent child, or the child's parent, guardian, or managing
6-14 conservator may request a hearing to show good cause for
6-15 noncompliance.
6-16 (b) If the department finds that good cause for
6-17 noncompliance was not shown at a hearing, the department shall
6-18 withhold assistance paid for or to a child until the department
6-19 determines that the child is in compliance with this subchapter.
6-20 Sec. 31.066. SUPPORT SERVICES; PARENTING SKILLS TRAINING.
6-21 The department shall develop a program of support-related services
6-22 to assist a dependent child or a child receiving assistance on
6-23 behalf of a dependent child in meeting school requirements for
6-24 graduation, including counseling concerning available child care,
6-25 transportation, alternative educational services, such as a high
6-26 school equivalency certificate for 17- and 18-year-olds, and
6-27 vocational rehabilitation services. The department, in cooperation
7-1 with the Central Education Agency, shall also develop a parenting
7-2 skills training program to assist a child who is receiving
7-3 assistance on behalf of a dependent child and is not in compliance
7-4 with this subchapter.
7-5 SECTION 7. Subchapter A, Chapter 44, Human Resources Code,
7-6 is amended by adding Section 44.0035 to read as follows:
7-7 Sec. 44.0035. FEDERAL FUNDS. (a) The department and the
7-8 Central Education Agency shall coordinate efforts to identify
7-9 eligible funding sources to recover federal matching funds for the
7-10 at-risk child care program under Part A, Subchapter IV, Social
7-11 Security Act (42 U.S.C. Sec. 601 et seq.).
7-12 (b) Not later than February 1 of each odd-numbered year, the
7-13 department and agency shall submit a report to the legislature
7-14 identifying the information required by this section.
7-15 SECTION 8. PILOT PROGRAM. (a) In conjunction with the
7-16 Texas Employment Commission, the Texas Department of Human Services
7-17 by rule shall develop a three-year full employment pilot program in
7-18 accordance with federal law as a part of the job opportunities and
7-19 basic skills (JOBS) training program under Part F, Subchapter IV,
7-20 Social Security Act (42 U.S.C. Section 682).
7-21 (b) In adopting rules under this section, the department
7-22 shall:
7-23 (1) use the Oregon full employment initiative as a
7-24 model for the pilot program;
7-25 (2) ensure that the pilot program is designed for the
7-26 state to provide guaranteed and paid employment instead of benefits
7-27 to a qualified person who receives:
8-1 (A) financial assistance and services under
8-2 Chapter 31, Human Resources Code;
8-3 (B) food stamps under Chapter 33, Human
8-4 Resources Code; or
8-5 (C) unemployment compensation benefits under the
8-6 Texas Unemployment Compensation Act (Article 5221b-1 et seq.,
8-7 Vernon's Texas Civil Statutes); and
8-8 (3) set a timetable to implement and complete the
8-9 pilot program.
8-10 (c) The department shall select not more than six counties
8-11 in which to establish the pilot program.
8-12 SECTION 9. FULL EMPLOYMENT PROGRAM REVIEW COMMITTEE. (a)
8-13 The full employment program review committee is composed of five
8-14 members. The lieutenant governor shall appoint three members of
8-15 the committee and the governor shall appoint two members. At least
8-16 two members of the committee, one each of whom is appointed by the
8-17 governor and the lieutenant governor, must be a current or former
8-18 recipient of:
8-19 (1) financial assistance and services under Chapter
8-20 31, Human Resources Code;
8-21 (2) food stamps under Chapter 33, Human Resources
8-22 Code; or
8-23 (3) unemployment compensation benefits under the Texas
8-24 Unemployment Compensation Act (Article 5221b-1 et seq., Vernon's
8-25 Texas Civil Statutes).
8-26 (b) A member of the committee serves at the will of the
8-27 appointing official.
9-1 (c) The lieutenant governor shall designate one member of
9-2 the committee as the presiding officer to serve in that capacity at
9-3 the pleasure of the lieutenant governor.
9-4 (d) A member of the committee serves for a term that expires
9-5 on the date the committee submits the final report required under
9-6 Section 10(b) of this Act.
9-7 (e) A member of the committee may not receive compensation
9-8 for service on the committee but is entitled to reimbursement for
9-9 actual and necessary expenses incurred in performing the member's
9-10 duties.
9-11 (f) The committee shall meet quarterly during the period
9-12 that the full employment pilot program is in operation.
9-13 (g) The Texas Department of Human Services shall provide
9-14 administrative and clerical support to the committee.
9-15 SECTION 10. DUTIES OF FULL EMPLOYMENT PROGRAM REVIEW
9-16 COMMITTEE. (a) The committee shall:
9-17 (1) monitor the progress of the full employment pilot
9-18 program;
9-19 (2) assess the effectiveness of the pilot program;
9-20 (3) receive recommendations for improvement of the
9-21 pilot program; and
9-22 (4) advise and make recommendations to the Texas
9-23 Department of Human Services regarding the improvement of the pilot
9-24 program.
9-25 (b) The committee annually shall submit a report to the
9-26 legislature, the governor, and the commissioner of health and human
9-27 services on the status of the full employment pilot program. Not
10-1 later than the 60th day after the date the full employment pilot
10-2 program is completed, the committee shall submit its final report.
10-3 The report must include an analysis of the program and
10-4 recommendations for future programs.
10-5 SECTION 11. RESPONSE TO RECOMMENDATION. The Texas
10-6 Department of Human Services shall provide a written response to a
10-7 recommendation submitted to the department by the full employment
10-8 program review committee under Section 10(a) of this Act not later
10-9 than the 30th day after the date the department receives the
10-10 recommendation.
10-11 SECTION 12. FEDERAL FUNDS. The Texas Department of Human
10-12 Services and the Texas Employment Commission shall apply for the
10-13 maximum amount of federal funds available under the job
10-14 opportunities and basic skills (JOBS) training program under Part
10-15 F, Subchapter IV, Social Security Act (42 U.S.C. Section 682) for
10-16 programs and activities related to full employment.
10-17 SECTION 13. INTERIM STATUS REPORT. During the time the full
10-18 employment pilot program is operating, the Texas Department of
10-19 Human Services quarterly shall submit to the governor, the
10-20 legislature, and the full employment program review committee a
10-21 report on the status and progress of the full employment program in
10-22 each selected county.
10-23 SECTION 14. FINAL STATUS REPORT. Not later than the 180th
10-24 day before the date the full employment pilot program is completed,
10-25 the Texas Department of Human Services shall submit to the
10-26 governor, the legislature, and the full employment program review
10-27 committee a final report on the status of the full employment
11-1 program in each selected county with recommendations for
11-2 implementation of the pilot program statewide.
11-3 SECTION 15. REQUEST FOR WAIVER. If before implementing
11-4 Sections 31.0035, 31.0051, 31.013, 32.0255, or Subchapter D,
11-5 Chapter 31, Human Resources Code, as added by this Act, or the
11-6 pilot program required by Section 8 of this Act, the Texas
11-7 Department of Human Services determines that a waiver or
11-8 authorization from a federal agency is necessary for
11-9 implementation, the department shall request the waiver or
11-10 authorization and may delay implementing those provisions until the
11-11 waiver or authorization is granted.
11-12 SECTION 16. TRANSITION; EFFECTIVE DATE. (a) This Act takes
11-13 effect September 1, 1993.
11-14 (b) Section 31.0051, Human Resources Code, as added by this
11-15 Act, applies only to a person receiving financial assistance and
11-16 services under Chapter 31, Human Resources Code, who is residing,
11-17 on or after the effective date of this Act, with a family member
11-18 who is also receiving assistance and services under Chapter 31,
11-19 Human Resources Code.
11-20 (c) Subchapter D, Chapter 31, Human Resources Code, as added
11-21 by this Act, applies only to benefits provided to or for a child
11-22 who does not meet attendance requirements during and after the fall
11-23 semester, 1993, or who drops out of school on or after the
11-24 effective date of this Act. Benefits provided to a child who does
11-25 not meet attendance requirements before the effective date of this
11-26 Act are governed by the law in effect on the day the child failed
11-27 to meet attendance requirements, and that law is continued in
12-1 effect for that purpose.
12-2 (d) The Texas Department of Human Services shall establish
12-3 the pilot program required by Section 8 of this Act not later than
12-4 January 1, 1994.
12-5 (e) Not later than November 1, 1993, the governor and the
12-6 lieutenant governor shall appoint the members of the full
12-7 employment program review committee to serve terms that expire on
12-8 the date the committee's final report required under Section 10(b)
12-9 of this Act is submitted to the governor, the legislature, and the
12-10 commissioner of health and human services.
12-11 SECTION 17. EMERGENCY. The importance of this legislation
12-12 and the crowded condition of the calendars in both houses create an
12-13 emergency and an imperative public necessity that the
12-14 constitutional rule requiring bills to be read on three several
12-15 days in each house be suspended, and this rule is hereby suspended.