BILL ANALYSIS


                                                        S.B. 1656
                                                        By: Nixon
                                        Health and Human Services
                                                           5-4-95
                                       Committee Report (Amended)
BACKGROUND

Current eligibility requirements for persons receiving Aid to
Families with Dependent Children benefits do not include provisions
for persons convicted of certain offenses.

PURPOSE

As proposed, S.B. 1656 prohibits persons convicted of certain
offenses from beginning or continuing to receive Aid to Families
with Dependent Children benefits.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is granted
to the Texas Department of Human Services under SECTION 1 (Section
31.015(b), Human Resources Code) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 31A, Human Resources Code, by adding
Section 31.015, as follows:

     Sec. 31.015.  ELIGIBILITY FOR ASSISTANCE.  (a) Declares that
     a person is not eligible to begin or continue receiving
     financial assistance or services under this chapter if the
     person has two or more convictions for an offense under
     Chapter 481D, Health and Safety Code, or for a felony, other
     than a state jail felony; and the date of the person's most
     recent conviction for an offense under Subdivision (1) occurs
     during the five years preceding the date the person applies to
     receive the assistance or while the person is receiving
     assistance.
     
     (b) Requires the Texas Department of Human Services (DHS),
       by rule, to provide for a hearing or other proceeding to
       ensure that a person to whom this section applies receives
       due process.
       
       SECTION 2.   Amends Chapter 411F, Government Code, by adding Section
411.128, as follows:

     Sec. 411.128.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
     AFDC PROGRAM.  (a) Entitles DHS to obtain from the Department
     of Public Safety (DPS) criminal history record information
     maintained by DPS that relates to a person who is applying for
     or receiving financial assistance or services under Chapter
     31, Human Resources Code, on behalf of a dependent child.
     
     (b) Entitles DHS to obtain only criminal history record
       information that relates to the conviction of the person.
       
       SECTION 3.   Requires DHS, if it determines that a waiver or
authorization is necessary for implementation of Section 31.015, to
request the waiver or authorization, and authorizes a temporary
delay in implementing the provision.

SECTION 4. Effective date: September 1, 1995.
           Makes application of this Act prospective.

SECTION 5. Emergency clause.