By Talton H.B. No. 913
74R1644 MLR-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to termination of AFDC payments for certain children.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 31.001, Human Resources Code, is amended
1-5 to read as follows:
1-6 Sec. 31.001. AID TO FAMILIES WITH DEPENDENT CHILDREN. (a)
1-7 The department shall provide financial assistance and services to
1-8 families with dependent children in accordance with the provisions
1-9 of this chapter.
1-10 (b) The signature on the AFDC application of the parent,
1-11 guardian, or other individual who is applying for assistance
1-12 constitutes written consent for the release to the department of
1-13 school attendance records required to administer Subchapter E.
1-14 SECTION 2. Chapter 31, Human Resources Code, is amended by
1-15 adding Subchapter E to read as follows:
1-16 SUBCHAPTER E. ELIGIBILITY OF SCHOOL AGE DEPENDENT CHILDREN
1-17 AND CHILD RECIPIENTS OF ASSISTANCE
1-18 Sec. 31.091. ELIGIBILITY. (a) The department shall require
1-19 as a condition of eligibility under this chapter that a person who
1-20 is at least 13 years of age but younger than 18 years of age and
1-21 who is a dependent child or is receiving assistance on behalf of a
1-22 dependent child attend school regularly or possess a high school
1-23 diploma or a high school equivalency certificate.
1-24 (b) This subchapter does not apply to a child who is
2-1 specifically exempted from compulsory attendance under Section
2-2 21.033, Education Code.
2-3 Sec. 31.092. SCHOOL ATTENDANCE REQUIRED. (a) The
2-4 department by rule shall establish criteria to determine whether a
2-5 person who is a dependent child or is receiving assistance on
2-6 behalf of a dependent child is regularly attending school. The
2-7 rules shall provide that:
2-8 (1) such a person must comply with attendance
2-9 requirements under Subchapter B, Chapter 21, Education Code; and
2-10 (2) attendance for a school day is considered at least
2-11 five hours of a regular school day.
2-12 (b) At the time of application for assistance under this
2-13 chapter, at the end of every school semester and during each
2-14 regular review, the department shall contact the school attendance
2-15 officer at the school in which the person is enrolled to determine
2-16 if the person is regularly attending school.
2-17 (c) The department shall immediately notify the parent,
2-18 guardian, or managing conservator of the child if the department
2-19 determines that the child has not met the school attendance
2-20 requirements prescribed by this subchapter.
2-21 Sec. 31.093. EXEMPTIONS; EXCUSED ABSENCES. (a) The
2-22 department by rule shall prescribe criteria for exempting a child
2-23 from this subchapter and for determining when an absence is
2-24 excused.
2-25 (b) The rules relating to excused absences may be no more
2-26 restrictive than the standards for determining an excused absence
2-27 under Subchapter B, Chapter 21, Education Code.
3-1 Sec. 31.094. BENEFITS WITHHELD. (a) If after an
3-2 investigation the department determines that a child or child
3-3 receiving benefits on behalf of a dependent child is not meeting
3-4 attendance requirements under this subchapter, the department shall
3-5 withhold the assistance provided to or for that child in accordance
3-6 with department rules.
3-7 (b) The department shall immediately notify the individual
3-8 receiving assistance if the department determines that assistance
3-9 is to be withheld.
3-10 (c) If an adult is receiving assistance on behalf of a
3-11 dependent child who does not meet the school attendance
3-12 requirements prescribed by this subchapter and that child is the
3-13 only dependent child on whose behalf the adult receives assistance,
3-14 the department may continue assistance to the adult for not more
3-15 than three months to meet the needs of the adult. The additional
3-16 assistance may be continued only during the period that follows the
3-17 first time the dependent child does not meet the school attendance
3-18 requirements.
3-19 Sec. 31.095. GOOD CAUSE NONCOMPLIANCE HEARING. (a) If the
3-20 department has determined that a child is not meeting attendance
3-21 requirements, the child, the person receiving assistance on behalf
3-22 of a dependent child, or the child's parent, guardian, or managing
3-23 conservator may request a hearing to show good cause for
3-24 noncompliance.
3-25 (b) If the department finds that good cause for
3-26 noncompliance was not shown at a hearing, the department shall
3-27 withhold assistance paid for or to a child until the department
4-1 determines that the child is in compliance with this subchapter.
4-2 Sec. 31.096. SUPPORT SERVICES TO HELP CHILDREN STAY IN
4-3 SCHOOL. The department may develop a program of support-related
4-4 services to assist a dependent child or a child receiving
4-5 assistance on behalf of a dependent child in meeting school
4-6 requirements for graduation, including counseling concerning
4-7 available child care, transportation, alternative educational
4-8 services, such as a high school equivalency certificate for 17 and
4-9 18 year olds, and vocational rehabilitation services.
4-10 SECTION 3. If before implementing Subchapter E, Chapter 31,
4-11 Human Resources Code, as added by this Act, the Texas Department of
4-12 Human Services determines that a waiver or authorization from a
4-13 federal agency is necessary for implementation, the department
4-14 shall request the waiver or authorization and may delay
4-15 implementing those provisions until the waiver or authorization is
4-16 granted.
4-17 SECTION 4. This Act takes effect September 1, 1995, and
4-18 applies only to benefits provided to or for a child who does not
4-19 meet attendance requirements during and after the fall semester,
4-20 1995, or who drops out of school on or after the effective date of
4-21 this Act. Benefits provided to a child who does not meet
4-22 attendance requirements before the effective date of this Act are
4-23 governed by the law in effect on the day the child failed to meet
4-24 attendance requirements, and that law is continued in effect for
4-25 that purpose.
4-26 SECTION 5. The importance of this legislation and the
4-27 crowded condition of the calendars in both houses create an
5-1 emergency and an imperative public necessity that the
5-2 constitutional rule requiring bills to be read on three several
5-3 days in each house be suspended, and this rule is hereby suspended.