By Hilderbran                                          H.B. No. 844
       74R2326 MLR-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to eligibility for and the provision of AFDC and Medicaid
    1-3  benefits.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5     ARTICLE 1. FAMILY GRANT; SUPPORT SERVICES;  PARENTING SKILLS
    1-6                               TRAINING
    1-7        SECTION 1.01.  FAMILY GRANT.  Section 31.003, Human Resources
    1-8  Code, is amended to read as follows:
    1-9        Sec. 31.003.  AMOUNT OF FINANCIAL ASSISTANCE.  (a)  The
   1-10  <department shall adopt rules governing the determination of the>
   1-11  amount of financial assistance to be granted to a family for the
   1-12  support of <a> dependent children is $184 a month, regardless of
   1-13  the number of dependent children in the family <child>.  The
   1-14  department may increase the amount granted to an amount set by rule
   1-15  in relation to a person who the department determines is receiving
   1-16  assistance on behalf of a dependent child in the family and is a
   1-17  person with a physical or mental disability<, when combined with
   1-18  the income and other resources available for the child's support,
   1-19  must be sufficient to provide the child with a subsistence
   1-20  compatible with decency and health>.
   1-21        (b)  Except as provided by Subsection (a) for a person with a
   1-22  physical or mental disability, the legislature has the sole
   1-23  authority to change the amount of financial assistance established
   1-24  by that subsection.  <In considering the amount of income or other
    2-1  resources available to a child or a relative claiming financial
    2-2  assistance on the child's behalf, the department shall also
    2-3  consider reasonable expenses attributable to earning the income.
    2-4  The department may permit all or part of the earned or other income
    2-5  to be set aside for the future identifiable needs of the child,
    2-6  subject to limitations prescribed by the department.>
    2-7        <(c)  The department's agents employed in the region or
    2-8  county in which the dependent child resides shall determine the
    2-9  amount to be paid in accordance with the rules promulgated by the
   2-10  department.>
   2-11        SECTION 1.02.  NEEDS ASSESSMENT.  Subchapter A, Chapter 31,
   2-12  Human Resources Code, is amended by adding Section 31.0095 to read
   2-13  as follows:
   2-14        Sec. 31.0095.  NEEDS ASSESSMENT.  The department shall assist
   2-15  a recipient in assessing the particular needs of that recipient and
   2-16  that recipient's family.  The department and the recipient shall
   2-17  develop a personalized plan to help the recipient achieve
   2-18  independence from state assistance granted to the recipient and the
   2-19  recipient's family.
   2-20        SECTION 1.03.  SUPPORT SERVICES.  Section 31.010, Human
   2-21  Resources Code, is amended to read as follows:
   2-22        Sec. 31.010.  SUPPORT SERVICES.  (a)  Subject to the
   2-23  availability of funds, the <The> department shall <may> provide a
   2-24  recipient with support services designed to assist the recipient
   2-25  and the recipient's family to <needy families and individuals>
   2-26  attain and retain the capability of independence and self-care <if
   2-27  federal matching funds are available for the support of the
    3-1  services>.
    3-2        (b)  The department shall consider the needs assessment and
    3-3  personal plan developed under Section 31.0095 in determining the
    3-4  support services needed.
    3-5        (c)  Support services include:
    3-6              (1)  education, using public or private schools as
    3-7  necessary;
    3-8              (2)  child care;
    3-9              (3)  transportation assistance;
   3-10              (4)  work skills and job readiness training;
   3-11              (5)  instruction in job search techniques; and
   3-12              (6)  job placement.
   3-13        (d)  The department by rule shall provide for implementation
   3-14  of the support services.
   3-15        (e)  The department may contract with other state agencies or
   3-16  public or private entities to provide support services under this
   3-17  section.
   3-18        SECTION 1.04.  PARENTING SKILLS TRAINING; SAFETY OF CHILDREN.
   3-19  Section 31.0135, Human Resources Code, is amended to read as
   3-20  follows:
   3-21        Sec. 31.0135.  PARENTING SKILLS TRAINING.  (a)  The
   3-22  department, in cooperation with the Central Education Agency, shall
   3-23  develop a parenting skills training program to assist a recipient
   3-24  of assistance under this chapter, including a child who receives
   3-25  assistance on behalf of a dependent child.  The program shall
   3-26  include nutritional education, budgeting and survival skills, and
   3-27  instruction on the necessity of physical and emotional safety for
    4-1  children.
    4-2        (b)  The department shall require that a person <child who is
    4-3  in school and> who is receiving assistance under this chapter on
    4-4  behalf of a dependent child receive parenting skills training.
    4-5        SECTION 1.05.  TEENAGE PREGNANCY.  Section 31.0315, Human
    4-6  Resources Code, is amended by adding Subsection (f) to read as
    4-7  follows:
    4-8        (f)  If the parent of a dependent child is under 17 years of
    4-9  age and the attorney general's office determines that the child's
   4-10  birth may be the result of sexual conduct that constitutes a
   4-11  criminal offense under the Penal Code, the attorney general's
   4-12  office shall refer the case for prosecution to the appropriate law
   4-13  enforcement agency.
   4-14        SECTION 1.06.  EFFECTIVE DATE.  (a)  This article takes
   4-15  effect September 1, 1995.
   4-16        (b)  Section 31.003, Human Resources Code, as amended by this
   4-17  article, applies to all financial assistance under Chapter 31,
   4-18  Human Resources Code, that is paid on or after September 1, 1995,
   4-19  regardless of the date on which eligibility for that assistance is
   4-20  determined.
   4-21                 ARTICLE 2.  RESPONSIBILITY AGREEMENT
   4-22        SECTION 2.01.  APPLICATION FOR ASSISTANCE.  Section 31.031,
   4-23  Human Resources Code, is amended by adding Subsections (c) and (d)
   4-24  to read as follows:
   4-25        (c)  The department shall require the applicant to provide
   4-26  proof to the department that:
   4-27              (1)  the applicant and each person for whom the
    5-1  applicant will receive assistance under this chapter is:
    5-2                    (A)  a United States citizen or has a
    5-3  satisfactory immigration status under federal immigration law; and
    5-4                    (B)  a resident of this state; and
    5-5              (2)  each child for whom the applicant will receive
    5-6  assistance:
    5-7                    (A)  has been immunized;
    5-8                    (B)  is currently receiving an immunization
    5-9  series in accordance with Section 161.004, Health and Safety Code,
   5-10  if the child is of sufficient age; or
   5-11                    (C)  is exempted under Section 161.004(d), Health
   5-12  and Safety Code.
   5-13        (d)  The department shall require each applicant to sign the
   5-14  responsibility agreement prescribed by Section 31.0031.  The
   5-15  department shall explain to the applicant the provisions of the
   5-16  agreement before the applicant signs the agreement.
   5-17        SECTION 2.02.  RESPONSIBILITY AGREEMENT.  Subchapter A,
   5-18  Chapter 31, Human Resources Code, is amended by adding Sections
   5-19  31.0031, 31.0032, and 31.0033 to read as follows:
   5-20        Sec. 31.0031.  RESPONSIBILITY AGREEMENT.  (a)  The department
   5-21  may not provide assistance under this chapter to or for a person
   5-22  unless the person complies with each applicable requirement of the
   5-23  responsibility agreement prescribed by this section.
   5-24        (b)  The responsibility agreement shall require, as a
   5-25  condition of continued eligibility under this chapter, that:
   5-26              (1)  the parent of a dependent child and each adult
   5-27  relative with whom the parent resides cooperate with the department
    6-1  if necessary to establish the maternity or paternity of the
    6-2  dependent child;
    6-3              (2)  each dependent child receive the immunization
    6-4  series prescribed by Section 161.004, Health and Safety Code,
    6-5  unless the child is exempted under that section;
    6-6              (3)  each adult recipient participate in an activity to
    6-7  enable that person to become self-sufficient by:
    6-8                    (A)  continuing the person's education or
    6-9  becoming literate;
   6-10                    (B)  entering a job placement or employment
   6-11  skills training program;
   6-12                    (C)  serving as a volunteer in the person's
   6-13  community; or
   6-14                    (D)  serving in a community work program or other
   6-15  work program approved by the department;
   6-16              (4)  each recipient refrain from the use, sale, or
   6-17  possession of marihuana or a controlled substance, in violation of
   6-18  Chapter 481, Health and Safety Code, or if addicted to marihuana or
   6-19  a controlled substance comply with the requirements of Section
   6-20  31.015;
   6-21              (5)  each recipient comply with department rules
   6-22  regarding testing for a violation of Subdivision (4);
   6-23              (6)  each dependent child younger than 18 years of age
   6-24  attend school regularly, unless the child has a high school diploma
   6-25  or high school equivalency certificate or is specifically exempted
   6-26  from school attendance under Section 21.033, Education Code;
   6-27              (7)  each recipient comply with department rules
    7-1  regarding proof of school attendance; and
    7-2              (8)  each recipient attend parenting skills training
    7-3  classes provided under Section 31.0135.
    7-4        (c)  The department by rule shall provide for testing
    7-5  procedures to ensure that a recipient complies with the drug-free
    7-6  requirements of Subsection (b)(4).
    7-7        (d)  In conjunction with the Central Education Agency, the
    7-8  department by rule shall ensure compliance with the school
    7-9  attendance requirements of Subsection (b)(6) by establishing
   7-10  criteria for:
   7-11              (1)  determining whether a child is regularly attending
   7-12  school;
   7-13              (2)  exempting a child from school attendance in
   7-14  accordance with Subchapter B, Chapter 21, Education Code; and
   7-15              (3)  determining when an absence is excused.
   7-16        (e)  A person who has a dependent child younger than six
   7-17  years of age is exempt from Subsection (b)(3).
   7-18        Sec. 31.0032.  BENEFITS WITHHELD.  (a)  If after an
   7-19  investigation the department determines that a person is not
   7-20  complying with a requirement of the responsibility agreement
   7-21  prescribed by Section 31.0031, the department shall withhold the
   7-22  financial assistance provided to or for that person under this
   7-23  chapter.
   7-24        (b)  The department shall immediately notify the person
   7-25  determined to have not complied and, if different, the person
   7-26  receiving the financial assistance, whether financial assistance is
   7-27  to be withheld under this section.
    8-1        Sec. 31.0033.  GOOD CAUSE NONCOMPLIANCE HEARING.  (a)  If the
    8-2  department determines that assistance should be withheld under
    8-3  Section 31.0032 for noncompliance with the responsibility agreement
    8-4  required by Section 31.0031, the person determined to have not
    8-5  complied or, if different, the person receiving the financial
    8-6  assistance may request a hearing to show good cause for
    8-7  noncompliance not later than the 10th day after the date on which
    8-8  notice is received under Section 31.0032.
    8-9        (b)  The department shall promptly conduct a hearing if a
   8-10  timely request is made under Subsection (a).
   8-11        (c)  If the department finds that good cause for
   8-12  noncompliance was not shown at a hearing, the department shall
   8-13  withhold assistance paid to or for that person until the department
   8-14  determines that the person is in compliance with the terms of the
   8-15  responsibility agreement.
   8-16        (d)  The department by rule shall establish criteria for good
   8-17  cause noncompliance under this section.
   8-18        SECTION 2.03.  MANDATORY SUBSTANCE ABUSE TREATMENT.
   8-19  Subchapter A, Chapter 31, Human Resources Code, is amended by
   8-20  adding Section 31.015 to read as follows:
   8-21        Sec. 31.015.  MANDATORY SUBSTANCE ABUSE TREATMENT.  (a)  If
   8-22  the department determines that a person who is applying for or
   8-23  receiving financial assistance under this chapter, including a
   8-24  dependent child, is addicted to marihuana or a controlled
   8-25  substance, as defined by Chapter 481, Health and Safety Code, the
   8-26  person must:
   8-27              (1)  participate in and maintain satisfactory progress
    9-1  in an appropriate treatment program; and
    9-2              (2)  comply with department rules regarding random
    9-3  testing.
    9-4        (b)  The department by rule shall provide for the
    9-5  determination of substance abuse, appropriate treatment, and
    9-6  testing requirements.
    9-7        (c)  The department may not provide financial assistance to
    9-8  or for a person who does not comply with this section.
    9-9        (d)  The department shall coordinate services under this
   9-10  section with the Texas Commission on Alcohol and Drug Abuse and its
   9-11  contractors.
   9-12        SECTION 2.04.  EFFECTIVE DATE.  (a)  This article takes
   9-13  effect September 1, 1995.
   9-14        (b)  Section 31.031, Human Resources Code, as amended by this
   9-15  article, applies to a person who applies for financial assistance
   9-16  under Chapter 31, Human Resources Code, on or after the effective
   9-17  date of this article.  A person who applied for financial
   9-18  assistance before the effective date of this article is governed by
   9-19  the law in effect when the person applied, and that law is
   9-20  continued in effect for that purpose.
   9-21        (c)  Except as provided by Subsection (d) of this section,
   9-22  Sections 31.0031, 31.0032, and 31.0033, Human Resources Code, as
   9-23  added by this article, apply to a person receiving financial
   9-24  assistance on or after the effective date of this article,
   9-25  regardless of the date on which eligibility for that assistance is
   9-26  determined.
   9-27        (d)  Not later than January 1, 1996, the Texas Department of
   10-1  Human Services shall require each recipient who applied for
   10-2  financial assistance before the effective date of this article to
   10-3  sign the responsibility agreement prescribed by Section 31.0031,
   10-4  Human Resources Code, as added by this article.  The department may
   10-5  not enforce the terms of the agreement against a recipient who has
   10-6  not had an opportunity to sign the agreement.
   10-7        (e)  Section 31.015, Human Resources Code, as added by this
   10-8  article, applies to a person receiving financial assistance on or
   10-9  after September 1, 1995, regardless of the date on which
  10-10  eligibility for that assistance is determined.
  10-11           ARTICLE 3. TIME-LIMITED AND TRANSITIONAL BENEFITS
  10-12        SECTION 3.01.  TIME-LIMITED BENEFITS.  Subchapter A, Chapter
  10-13  31, Human Resources Code, is amended by adding Section 31.0065 to
  10-14  read as follows:
  10-15        Sec. 31.0065.  TIME-LIMITED BENEFITS.  (a)  The department
  10-16  may provide financial assistance under this chapter only in
  10-17  accordance with the time limits specified by this section.
  10-18        (b)  The department shall limit financial assistance and the
  10-19  transitional benefits specified by Sections 31.0035 and 32.0255 in
  10-20  accordance with the following schedule:
  10-21              (1)  financial assistance is limited to a cumulative
  10-22  total of 90 days and transitional benefits are limited to 180 days
  10-23  if the person receiving financial assistance on behalf of a
  10-24  dependent child has:
  10-25                    (A)  a high school diploma, a high school
  10-26  equivalency certificate, or a certificate or degree from a two-year
  10-27  or four-year institution of higher education or technical or
   11-1  vocational school; and
   11-2                    (B)  work experience of 18 months or more;
   11-3              (2)  financial assistance is limited to a cumulative
   11-4  total of 365 days and transitional benefits are limited to 180 days
   11-5  if the person receiving financial assistance on behalf of a
   11-6  dependent child has:
   11-7                    (A)  a high school diploma, a high school
   11-8  equivalency certificate, or a certificate or degree from a two-year
   11-9  or four-year institution of higher education or technical or
  11-10  vocational school; or
  11-11                    (B)  work experience of 18 months or more;
  11-12              (3)  financial assistance is limited to a cumulative
  11-13  total of 24 months and transitional benefits are limited to 365
  11-14  days if the person receiving financial assistance on behalf of a
  11-15  dependent child has:
  11-16                    (A)  completed three years of high school; or
  11-17                    (B)  work experience of not less than six or more
  11-18  than 18 months; and
  11-19              (4)  financial assistance is limited to a cumulative
  11-20  total of 36 months and transitional benefits are not provided if
  11-21  the person receiving assistance on behalf of a dependent child has:
  11-22                    (A)  completed less than three years of high
  11-23  school; and
  11-24                    (B)  less than six months of work experience.
  11-25        (c)  If the recipient has completed less than three years of
  11-26  high school and has less than six months of work experience, the
  11-27  department shall perform an in-depth assessment of the needs of
   12-1  that person and that person's family.  The department is not
   12-2  required to perform an additional assessment if the department has
   12-3  performed an assessment under Section 31.0095.  If the recipient
   12-4  cooperates with the department's assessment, the time period
   12-5  prescribed by Subsection (b)(4) begins on the first anniversary of
   12-6  the date on which the department completes the assessment, as
   12-7  determined by the department.
   12-8        SECTION 3.02.  TRANSITIONAL CHILD-CARE SERVICES.  Subchapter
   12-9  A, Chapter 31, Human Resources Code, is amended by adding Section
  12-10  31.0035 to read as follows:
  12-11        Sec. 31.0035.  TRANSITIONAL CHILD-CARE SERVICES.  (a)  The
  12-12  department shall provide necessary transitional child-care
  12-13  services, in accordance with department rules and federal law, to a
  12-14  person who was receiving financial assistance under this chapter
  12-15  but is no longer eligible to receive the assistance because:
  12-16              (1)  the person's household income has increased; or
  12-17              (2)  the person has exhausted the person's benefits
  12-18  under Section 31.0065.
  12-19        (b)  Except as provided by Section 31.012(e), the department
  12-20  may provide the child-care services only until the earlier of:
  12-21              (1)  the end of the applicable period prescribed by
  12-22  Section 31.0065 for the provision of transitional benefits; or
  12-23              (2)  the first anniversary of the date on which the
  12-24  person becomes ineligible for financial assistance because of
  12-25  increased  household income.
  12-26        SECTION 3.03.  TRANSITIONAL MEDICAL ASSISTANCE.  Subchapter
  12-27  B, Chapter 32, Human Resources Code, is amended by adding Section
   13-1  32.0255 to read as follows:
   13-2        Sec. 32.0255.  TRANSITIONAL MEDICAL ASSISTANCE.  (a)  The
   13-3  department shall provide transitional medical assistance, in
   13-4  accordance with department rules and federal law, to a person who
   13-5  was receiving financial assistance under Chapter 31 but is no
   13-6  longer eligible to receive the assistance because:
   13-7              (1)  the person's household income has increased; or
   13-8              (2)  the person has exhausted the person's benefits
   13-9  under Section 31.0065.
  13-10        (b)  Except as provided by Section 31.012, the department may
  13-11  provide the medical assistance only until the earlier of:
  13-12              (1)  the end of the applicable period prescribed by
  13-13  Section 31.0065 for the provision of transitional benefits; or
  13-14              (2)  the first anniversary of the date on which the
  13-15  person becomes ineligible for financial assistance because of
  13-16  increased household income.
  13-17        (c)  The department may request that a person who receives
  13-18  transitional medical assistance for that person or for a dependent
  13-19  child under this section contribute a nominal amount toward the
  13-20  cost of that assistance according to the following schedule:
  13-21              (1)  $1 for a visit to a doctor's office or a clinic;
  13-22              (2)  $1 a prescription for prescription drugs;
  13-23              (3)  $5 for emergency services; or
  13-24              (4)  the copayment amount established by an amendment
  13-25  to the state Medicaid plan.
  13-26        (d)  The department by rule shall provide for sanctions for a
  13-27  person who is financially able to contribute the amount required by
   14-1  Subsection (c) but fails to contribute.
   14-2        (e)  A person who is not financially able to contribute under
   14-3  Subsection (c) may not be denied medical assistance.
   14-4        SECTION 3.04.  (a)  This article takes effect September 1,
   14-5  1995.
   14-6        (b)  The Texas Department of Human Services shall gradually
   14-7  implement Section 31.0065, Human Resources Code, as added by this
   14-8  article, by selecting specific counties or areas of the state as
   14-9  test sites.  The department shall implement Section 31.0065
  14-10  statewide as soon as practicable.  Section 31.0065 applies to a
  14-11  person receiving financial assistance on or after the date the
  14-12  section is implemented in the area in which the person resides,
  14-13  regardless of the date on which eligibility for that assistance is
  14-14  determined.  However, the Texas Department of Human Services may
  14-15  not consider financial assistance provided before the
  14-16  implementation date in determining if a person has exhausted
  14-17  assistance.
  14-18        (c)  The contribution required by Section 32.0255(c), Human
  14-19  Resources Code, as added by this article, applies to transitional
  14-20  medical assistance provided to a person on or after September 1,
  14-21  1995.
  14-22                  ARTICLE 4.  MANDATORY WORK PROGRAMS
  14-23        SECTION 4.01.  EMPLOYMENT OR VOLUNTEER WORK PROGRAM.
  14-24  Section 31.012, Human Resources Code, is amended to read as
  14-25  follows:
  14-26        Sec. 31.012.  MANDATORY PARTICIPATION IN WORK OR EMPLOYMENT
  14-27  ACTIVITIES: VOLUNTEER AND JOB OPPORTUNITIES <AND BASIC SKILLS
   15-1  PROGRAM>.  (a)  The department shall require that, during any
   15-2  30-day period in which an adult is receiving financial assistance
   15-3  under this chapter, the adult shall during that period:
   15-4              (1)  work not less than 30 hours a week in a work
   15-5  program established under the job opportunity and basic skills
   15-6  (JOBS) training program under Part F, Subchapter IV, Social
   15-7  Security Act (42 U.S.C. Section 682); or
   15-8              (2)  participate for not less than 20 hours a week in a
   15-9  community work experience program under Section 31.0125 or a
  15-10  department-approved work program intended to increase the
  15-11  recipient's community involvement <In the event the federal job
  15-12  opportunities and basic skills program for recipients of Aid to
  15-13  Families with Dependent Children is discontinued or is inadequate
  15-14  to meet the recipients' needs, the state shall operate a program to
  15-15  provide employment, education, and training opportunities, subject
  15-16  to available funds>.
  15-17        (b)  Educational activities under this section may include
  15-18  classroom education in an accredited educational institution,
  15-19  vocational training, volunteer work, or parenting and life skills
  15-20  training.
  15-21        (c)  The department by rule shall establish criteria for good
  15-22  cause noncompliance under this section.
  15-23        (d)  The department by rule shall provide guidelines for
  15-24  approval of:
  15-25              (1)  work experience programs that increase community
  15-26  involvement; and
  15-27              (2)  community service activities.
   16-1        (e)  A person who has a dependent child younger than six
   16-2  years of age is not required to participate in a program under this
   16-3  section.  Notwithstanding Sections 31.0035(b) and 32.0255(b), the
   16-4  department shall provide to a person who has a dependent child
   16-5  younger than six years of age and who volunteers to participate in
   16-6  a program under Subsection (a)(2) six months of transitional
   16-7  benefits in addition to the applicable limit prescribed by Section
   16-8  31.0065.
   16-9        SECTION 4.02.  COMMUNITY WORK EXPERIENCE.  Section
  16-10  31.0125(c), Human Resources Code, is amended to read as follows:
  16-11        (c)  To implement the community work experience program, the
  16-12  department shall enter into written nonfinancial cooperative
  16-13  agreements with entities that receive funds under a federal Head
  16-14  Start program, <and with> state agencies, including institutions of
  16-15  higher education, <or> other entities of state or local government,
  16-16  or private or nonprofit organizations or foundations.  <To be
  16-17  eligible to enter into a contract under this section, the entity or
  16-18  agency must employ at least 250 persons.  The department and the
  16-19  entity or agency may waive this requirement by mutual agreement.>
  16-20        SECTION 4.03.  EFFECTIVE DATE.  (a)  This article takes
  16-21  effect September 1, 1995, and applies to a person receiving
  16-22  assistance on or after that date, regardless of the date on which
  16-23  eligibility for that assistance is determined.
  16-24        (b)  The Texas Department of Human Services shall adopt the
  16-25  rules required by Section 31.012(c), Human Resources Code, as
  16-26  amended by this article, not later than December 1, 1995.
  16-27                 ARTICLE 5.  CHILD SUPPORT ENFORCEMENT
   17-1        SECTION 5.01.  PRIORITY GIVEN TO AFDC CHILD SUPPORT CASES;
   17-2  SUPPORT FOR CHILDREN IN FOSTER CARE.  Section 76.003, Human
   17-3  Resources Code, is amended by adding Subsections (g) and (h) to
   17-4  read as follows:
   17-5        (g)  The attorney general shall give priority to establishing
   17-6  and enforcing court-ordered child support in cases involving
   17-7  children who receive financial assistance under Chapter 31.
   17-8        (h)  The attorney general shall adopt procedures that enable
   17-9  the Department of Protective and Regulatory Services to receive any
  17-10  court-ordered child support that the attorney general collects for
  17-11  a child:
  17-12              (1)  for whom the Department of Protective and
  17-13  Regulatory Services has been named managing conservator by a court
  17-14  order under Title 2, Family Code; and
  17-15              (2)  who receives financial assistance under Chapter
  17-16  31.
  17-17        SECTION 5.02.  CONFORMING AMENDMENT:  FOSTER CARE.  Section
  17-18  14.05, Family Code, is amended by adding Subsections (k) and (l) to
  17-19  read as follows:
  17-20        (k)  The court may order a parent to make periodic payments
  17-21  for the support of a child in a proceeding in which the Department
  17-22  of Protective and Regulatory Services is named temporary managing
  17-23  conservator.  In a proceeding in which the Department of Protective
  17-24  and Regulatory Services is named permanent managing conservator of
  17-25  a child whose parents' rights have not been terminated, the court
  17-26  shall order the parent to make periodic payments for the support of
  17-27  the child.
   18-1        (l)  If the child involved in a proceeding under Subsection
   18-2  (k) is a child who receives financial assistance under Chapter 31,
   18-3  Human Resources Code, the court shall order the support for that
   18-4  child to be paid to the Department of Protective and Regulatory
   18-5  Services.
   18-6        SECTION 5.03.  INTERVENTION ASSISTANCE FOR UNEMPLOYED
   18-7  NONCUSTODIAL PARENTS.  Chapter 76, Human Resources Code, is amended
   18-8  by adding Section 76.012 to read as follows:
   18-9        Sec. 76.012.  UNEMPLOYED NONCUSTODIAL PARENTS.  (a)  The
  18-10  attorney general shall develop and administer an intervention
  18-11  assistance program to refer an unemployed noncustodial parent who
  18-12  is in arrears in court-ordered child support to a child who
  18-13  receives financial assistance under Chapter 31 to appropriate state
  18-14  and local programs that may assist the parent in gaining
  18-15  employment.
  18-16        (b)  The intervention assistance program shall include:
  18-17              (1)  skills training and job placement through the:
  18-18                    (A)  Texas Employment Commission;
  18-19                    (B)  Texas Job Training Partnership Act, Chapter
  18-20  301, Labor Code; or
  18-21                    (C)  food stamp employment and training program
  18-22  (7 U.S.C. Section 2015(d));
  18-23              (2)  referrals to education and literacy classes; and
  18-24              (3)  counseling regarding:
  18-25                    (A)  parenting skills;
  18-26                    (B)  life skills; and
  18-27                    (C)  mediation techniques.
   19-1        SECTION 5.04.  REVOCATION OR SUSPENSION OF STATE-ISSUED
   19-2  LICENSES.  Chapter 76, Human Resources Code, is amended by adding
   19-3  Section 76.010 to read as follows:
   19-4        Sec. 76.010.  REVOCATION OR SUSPENSION OF STATE-ISSUED
   19-5  LICENSES.  (a)  In this section:
   19-6              (1)  "License" includes a license, certificate,
   19-7  registration, permit, or other authorization, required by law or
   19-8  state agency rule, that a person must obtain to:
   19-9                    (A)  practice or engage in a particular business
  19-10  or occupation; or
  19-11                    (B)  operate a vehicle or machinery.
  19-12              (2)  "Licensing agency" means a department, commission,
  19-13  board, office, or other agency of the state, created by the
  19-14  constitution or a statute of this state, that issues or renews a
  19-15  license.
  19-16        (b)  In conjunction with the Texas Department of Human
  19-17  Services and any appropriate agency, the attorney general shall
  19-18  petition the court under Section 14.46, Family Code, to suspend or
  19-19  revoke a license issued by a licensing agency to a person who is
  19-20  more than 30 days delinquent in court-ordered child support
  19-21  payments for a child who receives financial assistance under
  19-22  Chapter 31.
  19-23        SECTION 5.05.  CONFORMING AMENDMENT: LICENSE SUSPENSION.
  19-24  Subchapter B, Chapter 14, Family Code, is amended by adding Section
  19-25  14.46 to read as follows:
  19-26        Sec. 14.46.  NOTICE OF LICENSE SUSPENSION OR REVOCATION.  (a)
  19-27  Not earlier than the 30th day after the date a court determines
   20-1  that an obligor is delinquent in the payment of child support to a
   20-2  child who receives financial assistance under Chapter 31, Human
   20-3  Resources Code, the obligee or the attorney general may petition
   20-4  the court to issue a notice of license suspension or revocation.
   20-5        (b)  A hearing on a petition for a notice of license
   20-6  suspension or revocation must be held not later than the 30th day
   20-7  after the date the petition is filed.  The clerk of the court must
   20-8  notify the obligor and obligee of the date, time, and place of the
   20-9  hearing.  If at the hearing the court finds that the obligor is in
  20-10  arrears in court-ordered child support to a child who receives
  20-11  financial assistance under Chapter 31, Human Resources Code, and is
  20-12  or may be licensed by a licensing agency, the court shall issue a
  20-13  notice of license suspension or revocation as provided by
  20-14  Subsection (c).
  20-15        (c)  The court shall deliver a notice under this section to
  20-16  the licensing agency that issued a license to the obligor.  The
  20-17  notice must:
  20-18              (1)  state the name of the obligor;
  20-19              (2)  include a copy of the order entered by the court
  20-20  with regard to arrearages owed by the obligor; and
  20-21              (3)  direct the licensing agency to conduct a hearing
  20-22  to determine whether to suspend or revoke the obligor's license.
  20-23        (d)  In this section:
  20-24              (1)  "License" includes a license, certificate,
  20-25  registration, permit, or other authorization, required by law or
  20-26  state agency rule, that a person must obtain to:
  20-27                    (A)  practice or engage in a particular business
   21-1  or occupation; or
   21-2                    (B)  operate a vehicle or machinery.
   21-3              (2)  "Licensing agency" means a department, commission,
   21-4  board, office, or other agency of the state, created by the
   21-5  constitution or a statute of this state, that issues or renews a
   21-6  license.
   21-7        SECTION 5.06.  EFFECTIVE DATE; TRANSITION.  This article
   21-8  takes effect September 1, 1995, and applies to:
   21-9              (1)  child support owed and unpaid on or after that
  21-10  date for a child who receives financial assistance under Chapter
  21-11  31, Human Resources Code; and
  21-12              (2)  a license that is valid on or after that date.
  21-13             ARTICLE 6.  FINANCIAL ASSISTANCE RECIPIENTS
  21-14                     ELIGIBLE FOR FEDERAL PROGRAMS
  21-15        SECTION 6.01.  AFDC RECIPIENTS ELIGIBLE FOR FEDERAL PROGRAMS.
  21-16  (a)  Article 4413(502), Revised Statutes, is amended by adding
  21-17  Section 22 to read as follows:
  21-18        Sec. 22.  AFDC RECIPIENTS ELIGIBLE FOR FEDERAL PROGRAMS.  (a)
  21-19  The commission shall contract on a no-risk contingency basis with a
  21-20  consulting firm to assist recipients of financial assistance under
  21-21  Chapter 31, Human Resources Code, who are eligible for assistance
  21-22  under federal programs to apply for benefits under those federal
  21-23  programs.  The consulting firm must be:
  21-24              (1)  qualified to work with the Supplemental Security
  21-25  Income (SSI) (42 U.S.C. Section 1381 et seq.) and the Social
  21-26  Security Disability Insurance (SSDI) (42 U.S.C. Section 401 et
  21-27  seq.) programs; and
   22-1              (2)  skilled in interpreting federal:
   22-2                    (A)  eligibility guidelines;
   22-3                    (B)  determination processes;
   22-4                    (C)  work programs; and
   22-5                    (D)  definitions of disabilities.
   22-6        (b)  The contract shall include:
   22-7              (1)  a provision that bases the compensation the
   22-8  contractor receives on the number of cases converted from state
   22-9  financial assistance to SSI or SSDI;
  22-10              (2)  appropriate performance requirements, including:
  22-11                    (A)  the minimum number of applications for
  22-12  federal assistance that must be filed;
  22-13                    (B)  the minimum number of reconsiderations
  22-14  requested;
  22-15                    (C)  the percentage of administrative law
  22-16  hearings that must be filed;
  22-17                    (D)  the percentage of grants approved by the
  22-18  federal programs; and
  22-19                    (E)  time guidelines; and
  22-20              (3)  an arrangement for training state employees to
  22-21  transfer eligible state financial assistance recipients to the
  22-22  federal programs.
  22-23        (c)  The state shall deduct from the lump-sum payment a
  22-24  recipient receives from the federal government when that person is
  22-25  accepted in the SSI or SSDI program any state financial assistance
  22-26  paid to that person during the period between the person's
  22-27  application for the federal program and the person's subsequent
   23-1  acceptance into it.
   23-2        (d)  The commission shall organize a planning group involving
   23-3  the Texas Department of Human Services, the Central Education
   23-4  Agency, and the Texas Rehabilitation Commission to:
   23-5              (1)  improve workload coordination between those
   23-6  agencies as necessary to administer this section; and
   23-7              (2)  assist the consultant required by this section by:
   23-8                    (A)  providing the consultant with regulations,
   23-9  procedures, client records, and other necessary information; and
  23-10                    (B)  helping to train state employees to
  23-11  correctly screen applicants under this section.
  23-12        (b)  Not later than January 15, 1997, the planning group
  23-13  required by Section 22, Article 4413(502), Revised Statutes, as
  23-14  added by this section, shall submit to the legislature and governor
  23-15  a report on the progress the state has made in transferring
  23-16  recipients of state financial assistance to federal programs.
  23-17        SECTION 6.02.  EFFECTIVE DATE.  This article takes effect
  23-18  September 1, 1995.
  23-19              ARTICLE 7.  PRIVATIZATION; FRAUD PREVENTION
  23-20                         BY ELECTRONIC IMAGING
  23-21        SECTION 7.01.  PRIVATIZATION STUDY.  (a)  The State Council
  23-22  on Competitive Government shall analyze the costs and benefits of
  23-23  contracting with private entities to perform certain functions of
  23-24  the Texas Department of Human Services' financial assistance
  23-25  program under Chapter 31, Human Resources Code.  The council shall
  23-26  study the program's methods of:
  23-27              (1)  determining eligibility;
   24-1              (2)  assisting a financial aid recipient who is seeking
   24-2  a job; and
   24-3              (3)  detecting fraud in the system.
   24-4        (b)  Other state agencies shall cooperate with the State
   24-5  Council on Competitive Government as necessary to implement this
   24-6  section.
   24-7        (c)  The State Council on Competitive Government shall
   24-8  complete its study regarding privatization of some of the functions
   24-9  of the Texas Department of Human Services not later than September
  24-10  1, 1996.  Not later than January 15, 1997, the council shall submit
  24-11  to the governor and the legislature a report on its findings.
  24-12        (d)  This section expires February 1, 1997.
  24-13        SECTION 7.02.  ELECTRONIC IMAGING PROGRAM.  Subchapter B,
  24-14  Chapter 31, Human Resources Code, is amended by adding Section
  24-15  31.0325 to read as follows:
  24-16        Sec. 31.0325.  ELECTRONIC IMAGING PROGRAM.  (a)  In
  24-17  conjunction with the State Council on Competitive Government, the
  24-18  comptroller, and any other appropriate agency, the department by
  24-19  rule shall develop a program to prevent welfare fraud by using a
  24-20  type of electronic fingerprint-imaging or photo-imaging of
  24-21  applicants for and recipients of financial assistance under this
  24-22  chapter.
  24-23        (b)  In adopting rules under this section, the department
  24-24  shall ensure that any electronic imaging performed by the
  24-25  department is strictly confidential and is used only to prevent
  24-26  fraud by recipients of assistance.
  24-27        (c)  The department shall:
   25-1              (1)  model the system after the California automated
   25-2  fingerprint image reporting and match system (AFIRM);
   25-3              (2)  establish the program in conjunction with an
   25-4  electronic benefits transfer program;
   25-5              (3)  use an imaging system in conjunction with the
   25-6  Department of Public Safety of the State of Texas; and
   25-7              (4)  provide for gradual implementation of this section
   25-8  by selecting specific counties or areas of the state as test sites.
   25-9        (d)  Each fiscal quarter, the department shall submit to the
  25-10  governor and the legislature a report on the status and progress of
  25-11  the programs in the test sites selected under Subsection (c)(4).
  25-12        SECTION 7.03.  EFFECTIVE DATE.  (a)  This article takes
  25-13  effect September 1, 1995.
  25-14        (b)  The Texas Department of Human Services shall establish
  25-15  the initial electronic imaging program required by Section 31.0325,
  25-16  Human Resources Code, as added by this article, not later than
  25-17  January 1, 1996.
  25-18       ARTICLE 8.  REPEALER; WAIVERS; EFFECTIVE DATE; EMERGENCY
  25-19        SECTION 8.01.  REPEALER.  Sections 31.011 and 31.013, Human
  25-20  Resources Code, are repealed.
  25-21        SECTION 8.02.  WAIVERS.  If before implementing any provision
  25-22  of this Act, the Texas Department of Human Services or other agency
  25-23  determines that a waiver or authorization from a federal agency is
  25-24  necessary for implementation of that provision, the department
  25-25  shall request the waiver and may delay implementing that provision
  25-26  until the waiver or authorization is granted.
  25-27        SECTION 8.03.  EFFECTIVE DATE.  Except as otherwise provided
   26-1  by this Act, this Act takes effect September 1, 1995.
   26-2        SECTION 8.04.  EMERGENCY.  The importance of this legislation
   26-3  and the crowded condition of the calendars in both houses create an
   26-4  emergency and an imperative public necessity that the
   26-5  constitutional rule requiring bills to be read on three several
   26-6  days in each house be suspended, and this rule is hereby suspended.