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.