By Cuellar of Webb H.B. No. 1403
74R4276 MLR-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the provision of services and other assistance to needy
1-3 people, including health and human services and assistance in
1-4 becoming self-dependent.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 ARTICLE 1. WORK REQUIREMENTS
1-7 SECTION 1.01. ASSISTANCE PRIORITY IS WORK. Section 31.001,
1-8 Human Resources Code, is amended to read as follows:
1-9 Sec. 31.001. Aid to Families With Dependent Children. The
1-10 department shall provide financial assistance and services to
1-11 families with dependent children in accordance with the provisions
1-12 of this chapter. The department shall give first priority in
1-13 administering this chapter to assisting an adult recipient of or
1-14 unemployed applicant for the financial assistance and services in
1-15 finding and retaining a job.
1-16 SECTION 1.02. CHILD CARE WORK EXEMPTION. Subchapter A,
1-17 Chapter 31, Human Resources Code, is amended by adding Section
1-18 31.0123 to read as follows:
1-19 Sec. 31.0123. EXEMPTION FROM JOBS TRAINING PROGRAM. The
1-20 department, in accordance with federal law governing the job
1-21 opportunities and basic skills (JOBS) training program under Part
1-22 F, Subchapter IV, Social Security Act (42 U.S.C. Section 682),
1-23 shall exempt a caretaker of a dependent child younger than one year
1-24 of age from participation in a JOBS component required by the
2-1 department.
2-2 SECTION 1.03. EMPLOYMENT PROGRAMS. (a) Chapter 31, Human
2-3 Resources Code, is amended by adding Subchapter E to read as
2-4 follows:
2-5 SUBCHAPTER E. PROGRAMS TO FOSTER EMPLOYMENT
2-6 Sec. 31.101. EMPLOYMENT PROGRAMS. (a) In cooperation with
2-7 the state agency charged with primary responsibility for job
2-8 training, employment, and workforce development in this state, the
2-9 department by rule shall develop the programs prescribed by this
2-10 subchapter to assist recipients of financial assistance and
2-11 services under this chapter in finding and retaining employment.
2-12 The department shall develop the programs in accordance with
2-13 federal law as a part of the job opportunities and basic skills
2-14 (JOBS) training program under Part F, Subchapter IV, Social
2-15 Security Act (42 U.S.C. Section 682).
2-16 (b) In adopting rules governing a program prescribed by this
2-17 subchapter, the department shall:
2-18 (1) establish the criteria for determining which
2-19 recipients who are eligible to participate in the JOBS training
2-20 program may be required to participate in a particular program; and
2-21 (2) ensure that a recipient who is incapable of
2-22 participating in a particular program is not required to
2-23 participate in that program.
2-24 (c) A local workforce development board created under
2-25 Section 4.01, Workforce and Economic Competitiveness Act (Article
2-26 5190.7a, Vernon's Texas Civil Statutes), may implement in a
2-27 workforce development area one or more programs prescribed by this
3-1 subchapter.
3-2 Sec. 31.102. WORK FIRST PROGRAM. (a) The department by
3-3 rule shall develop a work first program.
3-4 (b) In adopting rules under this section, the department
3-5 shall:
3-6 (1) use programs in other states, such as the
3-7 Wisconsin Work First and the New York Jobs FIRST initiatives, as
3-8 models;
3-9 (2) ensure that the work first program provides to a
3-10 participant job readiness training and employment information and
3-11 services that will motivate the participant to find and apply for a
3-12 job, including:
3-13 (A) information on the advantages of employment
3-14 over dependence on financial assistance;
3-15 (B) information about the effects of attire and
3-16 behavior on securing and advancing in employment;
3-17 (C) training in interview skills;
3-18 (D) information on work ethics; and
3-19 (E) diagnostic job-related testing and
3-20 employment counseling;
3-21 (3) ensure that the work first program provides to a
3-22 participant the job readiness training and employment information
3-23 and services required by Subsection (b)(2) through job clubs, job
3-24 readiness activities, or job search activities;
3-25 (4) establish the number of hours and the length of
3-26 time a participant may be required to attend a job club, job
3-27 readiness activity, or job search activity under the work first
4-1 program;
4-2 (5) ensure that the work first program is designed so
4-3 that the state provides child-care services as necessary for a
4-4 participant to meet training requirements under the program; and
4-5 (6) authorize an entity that implements the work first
4-6 program to contract with a local governmental entity or nonprofit
4-7 agency or organization to provide a participant the training,
4-8 counseling, and other assistance the participant needs.
4-9 Sec. 31.103. BUSINESS INTERNSHIP PROGRAM. (a) The
4-10 department by rule shall develop a business internship program.
4-11 (b) In adopting rules under this section, the department
4-12 shall:
4-13 (1) use programs in other states, such as the Utah
4-14 Single Parent Economic Independence Demonstration Project, as
4-15 models;
4-16 (2) authorize an entity that implements the business
4-17 internship program to enter into an agreement with a business
4-18 entity to provide employment to a participant;
4-19 (3) ensure that the business internship program is
4-20 designed to give a participant the opportunity to obtain marketable
4-21 job skills;
4-22 (4) ensure that a participating business entity
4-23 assigns at least one employee of the business entity to serve as a
4-24 mentor to a participant;
4-25 (5) establish the number of hours and the length of
4-26 time a participant may be required to serve as an intern in a
4-27 participating business;
5-1 (6) provide to a participant, in addition to the
5-2 financial assistance and services provided to that participant
5-3 under this chapter, an amount of money for work-related expenses
5-4 such as transportation and clothing expenses incurred by the
5-5 participant while serving as an intern in the program; and
5-6 (7) require that the mentor of a participant assist
5-7 the participant by providing employment references and job
5-8 networking opportunities.
5-9 (c) In determining eligibility for financial assistance
5-10 under this chapter, the department may not consider as income the
5-11 amount of money a participant in the business internship program
5-12 receives for work-related expenses under Subsection (b)(6).
5-13 Sec. 31.104. TEXAS WORKS PROGRAM. (a) The department by
5-14 rule shall develop a Texas works program.
5-15 (b) In adopting rules under this section, the department
5-16 shall:
5-17 (1) authorize an entity that implements the Texas
5-18 works program to contract with a local nonprofit agency or
5-19 organization or local governmental agency or entity to provide
5-20 motivational and job readiness training to a participant and to
5-21 successfully place that participant in a job for several months;
5-22 (2) ensure that each entity, organization, or agency
5-23 that enters into a contract under Subdivision (1) is paid a
5-24 specified amount of money for each participant successfully placed
5-25 by the entity, organization, or agency in a job;
5-26 (3) determine the amount of money an entity,
5-27 organization, or agency is entitled to receive for providing to a
6-1 participant the training required by Subdivision (1); and
6-2 (4) prescribe the length of time a participant must be
6-3 at a job before the placing entity, organization, or agency
6-4 receives compensation under this section for successfully placing
6-5 the participant at the job.
6-6 Sec. 31.105. COMMUNITY WORK EXPERIENCE PROGRAM. (a) The
6-7 department by rule shall develop a community work experience
6-8 program.
6-9 (b) In adopting rules under this section, the department
6-10 shall:
6-11 (1) ensure that participation in the community work
6-12 experience program will not result in the displacement of an
6-13 employee from an existing position or the elimination of a vacant
6-14 position;
6-15 (2) ensure that the community work experience program
6-16 will not impair an existing service contract or collective
6-17 bargaining agreement;
6-18 (3) ensure that an entity or agency that enters into
6-19 an agreement with an entity that implements the community work
6-20 experience program under this section provides to a participant,
6-21 without paying the participant a salary, job training and work
6-22 experience in certain areas within the entity or agency;
6-23 (4) require that each entity or agency that enters
6-24 into a cooperative agreement with an entity that implements the
6-25 community work experience program under this section identify
6-26 positions within the entity or agency that will enable a
6-27 participant to gain the skills and experience necessary to be able
7-1 to compete in the labor market for comparable positions; and
7-2 (5) amend the service delivery system of the JOBS
7-3 training program to require a participant in the JOBS training
7-4 program who is unemployed after completing the JOBS readiness
7-5 activities outlined in the participant's employability plan,
7-6 including job search, to participate in the community work
7-7 experience program.
7-8 (c) The department shall authorize an entity that implements
7-9 the community work experience program to enter into written
7-10 nonfinancial cooperative agreements with entities that receive
7-11 funds under a federal Head Start program and with state agencies,
7-12 including institutions of higher education or other entities of
7-13 state government. To be eligible to enter into a contract under
7-14 this section, the entity or agency must employ at least 250
7-15 persons. The contracting parties may waive this requirement by
7-16 agreement.
7-17 (d) The department and an entity or agency that enters into
7-18 an agreement with an entity that implements the community work
7-19 experience program under this section must establish participation
7-20 requirements for the participating entity or agency under the
7-21 community work experience program. The requirements must be
7-22 contained in the agreement.
7-23 Sec. 31.106. SUBSIDIZED EMPLOYMENT PROGRAM. (a) The
7-24 department by rule shall develop a subsidized employment program
7-25 that requires a participant in the program to work in exchange for
7-26 the receipt of financial assistance and services under this
7-27 chapter.
8-1 (b) In adopting rules under this section, the department
8-2 shall:
8-3 (1) use programs in other states, such as the Oregon
8-4 Jobs Plus initiative, as models;
8-5 (2) authorize an entity that implements the subsidized
8-6 employment program to enter into an agreement with a business
8-7 entity to provide employment to a participant;
8-8 (3) ensure that a participating business entity in the
8-9 subsidized employment program provides on-the-job training to a
8-10 participant; and
8-11 (4) ensure that a participating business entity in the
8-12 subsidized employment program:
8-13 (A) employs a participant for a specific length
8-14 of time set by the department; and
8-15 (B) is paid a salary subsidy of at least $2 but
8-16 not more than $3 an hour for employing a participant.
8-17 Sec. 31.107. SELF-EMPLOYMENT ASSISTANCE PROGRAM. (a) The
8-18 department by rule shall develop a self-employment assistance
8-19 program.
8-20 (b) In adopting rules under this section, the department
8-21 shall:
8-22 (1) ensure that the self-employment assistance program
8-23 provides to a participant entrepreneurial training, business
8-24 counseling, and technical assistance for the purpose of
8-25 establishing a business and becoming self-employed, including:
8-26 (A) training in business budgeting and reporting
8-27 procedures;
9-1 (B) training in business records management;
9-2 (C) access to computer training;
9-3 (D) technical assistance in conducting market
9-4 research;
9-5 (E) technical assistance in assessing the
9-6 participant's interests and skills relating to entrepreneurial
9-7 opportunities; and
9-8 (F) technical assistance in creating a business
9-9 plan; and
9-10 (2) authorize an entity that implements the
9-11 self-employment assistance program to contract with a local
9-12 governmental entity or nonprofit agency or organization to provide
9-13 a participant the training, counseling, and other assistance
9-14 required by this section.
9-15 (c) The state shall provide to a participant who opens and
9-16 operates a business financial assistance and services under this
9-17 chapter and medical assistance under the state Medicaid program
9-18 until the first anniversary of the date the participant begins
9-19 operating the participant's own business, regardless of the amount
9-20 of assets owned or the amount of income earned by the participant
9-21 during that period.
9-22 (b) Section 31.0125, Human Resources Code, is repealed.
9-23 SECTION 1.04. DEMONSTRATION PROJECTS; FUND. Article 4,
9-24 Workforce and Economic Competitiveness Act (Article 5190.7a,
9-25 Vernon's Texas Civil Statutes), is amended by adding Sections
9-26 4.055-4.057 to read as follows:
9-27 Sec. 4.055. DEMONSTRATION PROJECTS. (a) In this section:
10-1 (1) "Board" means a local workforce development board.
10-2 (2) "Workforce development agency" means the state
10-3 agency charged with primary responsibility for the implementation
10-4 and consolidation of labor, employment, and job training programs
10-5 in this state.
10-6 (b) In addition to the functions performed under Section
10-7 4.04 of this Act and the local plan required under Section 4.05 of
10-8 this Act, each board may establish and operate localized programs
10-9 to expand education, training, and employment in the workforce
10-10 development area administered by the board. The board may design
10-11 creative programs that fit the unique characteristics and needs of
10-12 its workforce development area.
10-13 (c) A board that designs a program under this section shall
10-14 submit a written proposal for approval of the program to the
10-15 workforce development agency. The workforce development agency
10-16 shall approve any program that clearly demonstrates the ability to:
10-17 (1) draw on and unite the resources of the local
10-18 community; and
10-19 (2) determine and meet the needs of the local service
10-20 populations, businesses, and industries.
10-21 (d) A board shall implement and administer a program
10-22 approved by the workforce development agency under this section as
10-23 a local demonstration project. The board shall report to the
10-24 workforce development agency on a quarterly basis regarding the
10-25 administration of the project and the effectiveness of the project
10-26 in serving the workforce development needs of the community.
10-27 (e) A board shall submit any proposed changes in the program
11-1 to the workforce development agency in writing. The workforce
11-2 development agency must approve the proposed changes before the
11-3 changes may be adopted and implemented by the board.
11-4 Sec. 4.056. CERTAIN PROGRAMS FOR AFDC RECIPIENTS. (a) In
11-5 addition to the programs established under Section 4.055 of this
11-6 Act, each local workforce development board shall adopt programs to
11-7 enhance the ability of recipients of financial assistance and
11-8 services under Chapter 31, Human Resources Code, who are eligible
11-9 to participate in the JOBS training program to obtain and retain
11-10 gainful employment.
11-11 (b) In adopting programs under this section, the board shall
11-12 consider the programs established under Subchapter E, Chapter 31,
11-13 Human Resources Code. Within the parameters established by that
11-14 subchapter, the board may adapt a program to serve more effectively
11-15 the needs of the recipients described by Subsection (a) who are
11-16 residing in the workforce development area.
11-17 (c) In this section, "JOBS training program" means the job
11-18 opportunities and basic skills (JOBS) training program under Part
11-19 F, Subchapter IV, Social Security Act (42 U.S.C. Section 682).
11-20 Sec. 4.057. REVOLVING FUND ACCOUNT. (a) A special
11-21 revolving fund account is established in the state treasury to be
11-22 known as the local workforce development board demonstration
11-23 project account. The account may be used only for:
11-24 (1) the initial implementation costs of a
11-25 demonstration project approved under Section 4.055 of this Act; and
11-26 (2) small loans for new education, training, and
11-27 employment programs created by a local workforce development board
12-1 under a demonstration project.
12-2 (b) The account consists of:
12-3 (1) money the legislature appropriates to the account;
12-4 (2) donations made to the account;
12-5 (3) repayment of small loans made under the provisions
12-6 of a demonstration project;
12-7 (4) revenue received from state and federal education,
12-8 training, and job programs; and
12-9 (5) depository interest and investment income earned
12-10 on amounts in the account.
12-11 (c) Money drawn from the revolving fund account for the
12-12 operation of education, training, and job programs shall be paid
12-13 back to the account as permanent revenues from state and federal
12-14 education, training, and job programs become available.
12-15 (d) Sections 403.094 and 403.095, Government Code, do not
12-16 apply to the account.
12-17 SECTION 1.05. EMPLOYMENT OPPORTUNITIES FOR PERSONS WITH
12-18 DISABILITIES. (a) Chapter 121, Human Resources Code, is amended
12-19 by adding Sections 121.0014 and 121.0015 to read as follows:
12-20 Sec. 121.0014. VISION STATEMENT. (a) The Health and Human
12-21 Services Commission, each health and human services agency, and
12-22 each state agency that administers a workforce development program
12-23 shall adopt the following statement of vision:
12-24 The State of Texas shall ensure that all Texans with
12-25 disabilities have the opportunity and support necessary
12-26 to work in individualized, competitive employment in
12-27 the community and to have choices about their work and
13-1 careers.
13-2 (b) In this section, "health and human services agency"
13-3 means an agency listed by Section 19, Article 4413(502), Revised
13-4 Statutes.
13-5 Sec. 121.0015. INTERAGENCY WORK GROUP. (a) An interagency
13-6 work group is created to implement the action plan adopted at the
13-7 1994 Supported Employment Summit.
13-8 (b) The work group is composed of a representative of the:
13-9 (1) Central Education Agency, appointed by the
13-10 commissioner of education;
13-11 (2) Texas Commission for the Blind, appointed by the
13-12 commissioner of that agency;
13-13 (3) Texas Department of Mental Health and Mental
13-14 Retardation, appointed by the commissioner of mental health and
13-15 mental retardation; and
13-16 (4) Texas Rehabilitation Commission, appointed by the
13-17 commissioner of that agency.
13-18 (c) A member of the work group serves at the will of the
13-19 appointing agency.
13-20 (d) The work group shall elect a presiding officer and any
13-21 other necessary officers.
13-22 (e) The work group shall meet at the call of the presiding
13-23 officer.
13-24 (f) The appointing agency is responsible for the expenses of
13-25 a member's service on the work group. A member of the work group
13-26 receives no additional compensation for serving on the work group.
13-27 (g) The comptroller shall monitor the work group and the
14-1 implementation of the action plan.
14-2 (b) Not later than November 15, 1996, the comptroller shall
14-3 submit to the governor and the legislature a report describing the
14-4 progress made toward implementing the action plan adopted at the
14-5 1994 Supported Employment Summit.
14-6 SECTION 1.06. WORK INCENTIVES. Subchapter B, Chapter 111,
14-7 Human Resources Code, is amended by adding Section 111.0205 to read
14-8 as follows:
14-9 Sec. 111.0205. WORK INCENTIVES AND SUPPLEMENTAL SECURITY
14-10 INCOME (SSI). (a) The commission shall employ a person at the
14-11 commission's central office to:
14-12 (1) train counselors to understand and use work
14-13 incentives; and
14-14 (2) review cases to ensure that commission clients are
14-15 informed of the availability of and assisted in obtaining work
14-16 incentives and Supplemental Security Income (SSI) (42 U.S.C.
14-17 Section 1381 et seq.).
14-18 (b) The commission shall ensure that each contract to
14-19 provide services to clients of a community center include a
14-20 provision requiring the center to:
14-21 (1) train counselors about federal social security
14-22 incentives to fund supported employment;
14-23 (2) determine each client's eligibility for work
14-24 incentives and SSI; and
14-25 (3) provide clients and their families with related
14-26 information.
14-27 SECTION 1.07. SHELTERED WORKSHOPS. Section 122.004(d),
15-1 Human Resources Code, is amended to read as follows:
15-2 (d) The committee shall contract with sheltered workshops to
15-3 provide any necessary services, including assisting the workshops
15-4 in submitting applications for the selection of suitable products
15-5 or services and distributing orders among workshops <make rules
15-6 regarding designation of a central nonprofit agency to facilitate
15-7 the distribution of orders among agencies serving blind or other
15-8 severely disabled persons and regarding other matters related to
15-9 the state's use of the products and services of blind and severely
15-10 disabled persons>. The committee shall establish commission rates
15-11 that a workshop must pay to the committee for the provision of
15-12 services under this subsection. The commission rate shall be
15-13 included in the selling price of a commodity or in the contract
15-14 price of a service and may not exceed four percent of the
15-15 applicable price. Commissions collected under this section may be
15-16 appropriated only to the committee to administer this chapter and
15-17 to provide additional supported employment opportunities.
15-18 SECTION 1.08. COMPETITIVE EMPLOYMENT. (a) Section
15-19 21.510(e), Education Code, is amended to read as follows:
15-20 (e) Each school district shall develop and annually review
15-21 an individual transition plan (ITP) for each student enrolled in a
15-22 special education program who is at least 16 years of age. The ITP
15-23 shall include a goal of competitive employment. The ITP shall be
15-24 developed in a separate document from the individualized education
15-25 program (IEP) and shall not be considered a part of the IEP. The
15-26 school district shall coordinate development of the ITP with any
15-27 participating agency as provided in the memorandum of understanding
16-1 in order to provide continuity and coordination of services among
16-2 the various agencies and between the ITP and IEP. The district
16-3 shall request the participation in the development of the ITP of
16-4 any participating agency recommended by school personnel or
16-5 requested by the student or the student's parent. The district
16-6 shall invite the student and the student's parents or guardians to
16-7 participate in the development of the ITP. Only those components
16-8 of the ITP which are the responsibility of the district shall be
16-9 incorporated into the student's IEP. Only the failure to implement
16-10 those components of a student's ITP which are included in the IEP
16-11 and are the responsibility of the school district shall be subject
16-12 to the due process procedures of the Education of the Handicapped
16-13 Act, Public Law 94-142 (20 U.S.C. Section 1400 et seq.) or to
16-14 Central Education Agency complaint procedures. The failure of the
16-15 district to develop and annually review an ITP for a student shall
16-16 be subject only to the Central Education Agency complaint
16-17 procedures and not to the due process procedures of the Education
16-18 of the Handicapped Act, Public Law 94-142 (20 U.S.C. Section 1400
16-19 et seq.). A monitoring visit under Section 21.509 of this code
16-20 shall include a review of the transition planning requirements
16-21 under this section. A school district is not liable for the
16-22 failure of another agency to implement those components of the ITP
16-23 that are designated as the responsibility of that agency under the
16-24 memorandum of understanding.
16-25 (b) Section 21.510(e), Education Code, as amended by this
16-26 section, applies to an individual transition plan developed for
16-27 each school year beginning with the 1995-1996 school year.
17-1 (c) The Central Education Agency shall study the possible
17-2 effects of amending Section 21.510, Education Code, to require the
17-3 development of an individual transition plan for each child who is
17-4 at least 14 years of age. Not later than November 15, 1996, the
17-5 agency shall submit to the governor and the legislature a report on
17-6 the effects of changing the age requirement.
17-7 SECTION 1.09. PILOT PROGRAM TO ASSIST AFDC CLIENTS IN
17-8 ACHIEVING SELF-SUFFICIENCY. (a) The Texas Department of Human
17-9 Services shall establish a pilot program to extend the period of
17-10 supported employment for families who receive financial assistance
17-11 under Chapter 31, Human Resources Code, to help those families
17-12 become self-sufficient. In establishing this program the
17-13 department may:
17-14 (1) use a form of fill-the-gap budgeting; or
17-15 (2) extend transitional benefits to 24 months.
17-16 (b) If the department chooses to extend transitional
17-17 benefits to 24 months, the department shall determine whether
17-18 purchasing medical coverage for participants through the state's
17-19 Uniform Group Insurance Program is more cost-effective than
17-20 Medicaid coverage.
17-21 (c) The department shall report to the governor and the 75th
17-22 and 76th Legislatures regarding the program's success in assisting
17-23 families in becoming more self-sufficient.
17-24 (d) In this section, "fill-the-gap budgeting" means a system
17-25 of budgeting in which benefits are gradually lowered using a
17-26 percentage of the difference between the standard of need and the
17-27 countable income to calculate the grant benefit.
18-1 (e) This section expires September 1, 1999.
18-2 SECTION 1.10. APPLICATION DATE. This article applies only
18-3 to a person who receives financial assistance under Chapter 31,
18-4 Human Resources Code, on or after September 1, 1995, regardless of
18-5 the date on which eligibility for that assistance was determined.
18-6 ARTICLE 2. REDUCING DEPENDENCE ON STATE ASSISTANCE
18-7 SECTION 2.01. AFDC RECIPIENTS ELIGIBLE FOR FEDERAL PROGRAMS.
18-8 (a) Article 4413(502), Revised Statutes, is amended by adding
18-9 Section 22 to read as follows:
18-10 Sec. 22. AFDC RECIPIENTS ELIGIBLE FOR FEDERAL PROGRAMS. (a)
18-11 The commission shall contract on a no-risk contingency basis with a
18-12 consulting firm to assist recipients of financial assistance under
18-13 Chapter 31, Human Resources Code, who are eligible for assistance
18-14 under federal programs to apply for benefits under those federal
18-15 programs. The consulting firm must be:
18-16 (1) qualified to work with the Supplemental Security
18-17 Income (SSI) (42 U.S.C. Section 1381 et seq.) and the Social
18-18 Security Disability Insurance (SSDI) (42 U.S.C. Section 401 et
18-19 seq.) programs; and
18-20 (2) skilled in interpreting federal:
18-21 (A) eligibility guidelines;
18-22 (B) determination processes;
18-23 (C) work programs; and
18-24 (D) definitions of disabilities.
18-25 (b) The contract shall include:
18-26 (1) a provision that bases the compensation the
18-27 contractor receives on the number of cases converted from state
19-1 financial assistance to SSI or SSDI;
19-2 (2) appropriate performance requirements, including:
19-3 (A) the minimum number of applications for
19-4 federal assistance that must be filed;
19-5 (B) the minimum number of reconsiderations
19-6 requested;
19-7 (C) the percentage of administrative law
19-8 hearings that must be filed;
19-9 (D) the percentage of grants approved by the
19-10 federal programs; and
19-11 (E) time guidelines; and
19-12 (3) an arrangement for training state employees to
19-13 transfer eligible state financial assistance recipients to the
19-14 federal programs.
19-15 (c) The state shall deduct from the lump-sum payment a
19-16 recipient receives from the federal government when that person is
19-17 accepted in the SSI or SSDI program any state financial assistance
19-18 paid to that person during the period between the person's
19-19 application for the federal program and the person's subsequent
19-20 acceptance into it.
19-21 (d) The commission shall organize a planning group involving
19-22 the Texas Department of Human Services, the Central Education
19-23 Agency, and the Texas Rehabilitation Commission to:
19-24 (1) improve workload coordination between those
19-25 agencies as necessary to administer this section; and
19-26 (2) assist the consultant required by this section by:
19-27 (A) providing the consultant with regulations,
20-1 procedures, client records, and other necessary information; and
20-2 (B) helping to train state employees to
20-3 correctly screen applicants under this section.
20-4 (b) Not later than January 15, 1997, the planning group
20-5 required by Section 22, Article 4413(502), Revised Statutes, as
20-6 added by this section, shall submit to the legislature and governor
20-7 a report on the progress the state has made in transferring
20-8 recipients of state financial assistance to federal programs.
20-9 SECTION 2.02. PILOT PROGRAM: TIME-LIMITED BENEFITS. (a)
20-10 The Texas Department of Human Services shall establish a
20-11 time-limited benefits pilot program that limits the amount of time
20-12 a person can receive financial assistance under Chapter 31, Human
20-13 Resources Code.
20-14 (b) In implementing the time-limited benefits pilot program,
20-15 the department:
20-16 (1) shall require a person to participate in the
20-17 program if the person:
20-18 (A) is eligible to participate in the job
20-19 opportunities and basic skills (JOBS) training program under Part
20-20 F, Subchapter IV, Social Security Act (42 U.S.C. Section 682); and
20-21 (B) is not the caretaker of a dependent child
20-22 who is younger than one year of age;
20-23 (2) may not provide financial assistance under Chapter
20-24 31, Human Resources Code, to a participant in the pilot program or
20-25 to anyone for whom the participant receives financial assistance if
20-26 the participant has received the financial assistance for a
20-27 cumulative total of two years;
21-1 (3) may not consider financial assistance provided to
21-2 a participant before January 1, 1995, in determining the
21-3 participant's eligibility for financial assistance under
21-4 Subdivision (2) of this subsection;
21-5 (4) shall provide that a participant in the pilot
21-6 program may reapply with the department for financial assistance on
21-7 or after the third anniversary of the date on which the participant
21-8 is totally disqualified from receiving financial assistance because
21-9 of the application of Subdivision (2) of this subsection;
21-10 (5) may extend the amount of time a participant in the
21-11 pilot program is entitled to receive financial assistance if after
21-12 an investigation the department determines that limiting the amount
21-13 of time the participant can receive financial assistance will
21-14 impose an undue hardship on the participant or the participant's
21-15 family; and
21-16 (6) shall establish the criteria for determining what
21-17 constitutes undue hardship under Subdivision (5) of this
21-18 subsection.
21-19 (c) The department shall:
21-20 (1) adopt rules and set a timetable to implement and
21-21 complete the pilot program; and
21-22 (2) select at least one county in which to establish
21-23 the pilot program that has:
21-24 (A) a population of 250,000 or more; and
21-25 (B) low unemployment and an effective JOBS
21-26 program placement-rate.
21-27 (d) The department shall establish the pilot program
22-1 required by this section not later than January 1, 1996.
22-2 (e) The Texas Department of Human Services shall submit to
22-3 the governor and the 75th, 76th, and 77th Legislatures a report
22-4 concerning the effectiveness of the pilot program.
22-5 (f) This section expires September 1, 2001.
22-6 SECTION 2.03. PILOT PROGRAM: EMERGENCY ASSISTANCE FOR
22-7 FAMILIES IN A CRISIS. (a) The Texas Department of Human Services
22-8 shall seek federal funding that would allow the department to
22-9 establish an emergency assistance pilot program to support families
22-10 in a crisis.
22-11 (b) The department shall establish the pilot program in a
22-12 high-employment area of the state or an area that uses the
22-13 electronic benefits transfer system.
22-14 (c) The department by rule shall develop guidelines to
22-15 administer the program, including:
22-16 (1) eligibility guidelines;
22-17 (2) guidelines specifying whether the assistance is a
22-18 one-time cash payment to a family; and
22-19 (3) guidelines specifying whether an applicant who
22-20 receives the emergency assistance must agree to forgo applying for
22-21 financial assistance under Chapter 31, Human Resources Code, for
22-22 one year, or another appropriate limitation determined by the
22-23 department.
22-24 (d) The department shall report to the governor and the 75th
22-25 and 76th Legislatures regarding the program's success in helping
22-26 families in a crisis avoid becoming AFDC clients.
22-27 (e) This section expires September 1, 1999.
23-1 SECTION 2.04. WORK HISTORY AND 100-HOUR RULE WAIVER. Not
23-2 later than December 1, 1995, the Texas Department of Human Services
23-3 shall reapply for a federal waiver to eliminate the work history
23-4 and 100-hour rules for two-parent families and to enable the
23-5 department to fully implement Section 31.014, Human Resources Code.
23-6 SECTION 2.05. APPLICATION DATE. This article applies only
23-7 to a person who receives financial assistance under Chapter 31,
23-8 Human Resources Code, on or after September 1, 1995, regardless of
23-9 the date on which eligibility for that assistance was determined.
23-10 ARTICLE 3. REDUCING FRAUD AND ERROR
23-11 SECTION 3.01. TASK FORCE: ELECTRONIC BENEFITS TRANSFERS.
23-12 Article 4413(502), Revised Statutes, is amended by adding Section
23-13 10B to read as follows:
23-14 Sec. 10B. INTERAGENCY TASK FORCE ON ELECTRONIC BENEFITS
23-15 TRANSFERS. (a) An interagency task force is created to advise and
23-16 assist the commission in adding new benefit programs to the
23-17 statewide electronic benefits transfer (EBT) system.
23-18 (b) The task force is composed of:
23-19 (1) a representative of:
23-20 (A) the attorney general's office, appointed by
23-21 the attorney general;
23-22 (B) the comptroller's office, appointed by the
23-23 comptroller;
23-24 (C) the commission, appointed by the
23-25 commissioner;
23-26 (D) the Texas Department of Health, appointed by
23-27 the commissioner of public health;
24-1 (E) the Texas Department of Human Services,
24-2 appointed by the commissioner of human services;
24-3 (F) the Texas Employment Commission, appointed
24-4 by the chairman of that agency; and
24-5 (G) the Texas Rehabilitation Commission,
24-6 appointed by the commissioner of that agency; and
24-7 (2) two representatives of each of the following
24-8 groups, appointed by the comptroller:
24-9 (A) retailers who maintain EBT point-of-sale
24-10 equipment;
24-11 (B) banks or owners of automatic teller
24-12 machines; and
24-13 (C) consumer or client advocacy organizations.
24-14 (c) A member of the task force serves at the will of the
24-15 appointing agency.
24-16 (d) The representative of the comptroller's office serves as
24-17 presiding officer. The task force may elect any other necessary
24-18 officers.
24-19 (e) The task force shall meet at the call of the presiding
24-20 officer.
24-21 (f) The appointing agency is responsible for the expenses of
24-22 a member's service on the task force. A member of the task force
24-23 receives no additional compensation for serving on the task force.
24-24 (g) The task force shall:
24-25 (1) serve as the state counterpoint to the federal EBT
24-26 task force;
24-27 (2) identify benefit programs that merit addition to
25-1 the state's EBT system;
25-2 (3) identify and address problems that may occur if a
25-3 program is added;
25-4 (4) pursue state-federal partnerships to facilitate
25-5 the development and expansion of the state's EBT system;
25-6 (5) track and distribute federal legislation and
25-7 information from other states that relate to EBT systems; and
25-8 (6) ensure efficiency and planning coordination in
25-9 relation to the state's EBT system.
25-10 (h) In determining which benefit programs can be added to
25-11 the state's EBT system, the task force shall consider, at a
25-12 minimum:
25-13 (1) the savings to the state;
25-14 (2) the ease of addition to existing infrastructure;
25-15 and
25-16 (3) the number of clients served.
25-17 SECTION 3.02. ELECTRONIC IMAGING PILOT PROGRAM. (a) In
25-18 conjunction with the comptroller, and any other appropriate agency,
25-19 the Texas Department of Human Services by rule shall develop a
25-20 36-month pilot program in Harris County to prevent welfare fraud by
25-21 using a type of electronic fingerprint-imaging of applicants for
25-22 and recipients of financial assistance under this chapter.
25-23 (b) In adopting rules under this section, the department
25-24 shall ensure that any electronic imaging performed by the
25-25 department is strictly confidential and is used only to prevent
25-26 fraud by recipients of assistance.
25-27 (c) The department shall:
26-1 (1) model the system after the California automated
26-2 fingerprint image reporting and match system (AFIRM); and
26-3 (2) use an imaging system in conjunction with the
26-4 Department of Public Safety of the State of Texas.
26-5 (d) Each fiscal quarter, the department shall submit to the
26-6 governor and the legislature a report on the status and progress of
26-7 the pilot program.
26-8 (e) The department shall establish the electronic imaging
26-9 pilot program required by this section not later than January 1,
26-10 1996.
26-11 ARTICLE 4. WAIVER; EFFECTIVE DATE; EMERGENCY
26-12 SECTION 4.01. WAIVER. If before implementing a provision of
26-13 this Act a state agency determines that a waiver or authorization
26-14 from a federal agency is necessary for implementation, the agency
26-15 shall request the waiver or authorization and may delay
26-16 implementing that provision until the waiver or authorization is
26-17 granted.
26-18 SECTION 4.02. EFFECTIVE DATE. Except as otherwise provided
26-19 by this Act, this Act takes effect September 1, 1995.
26-20 SECTION 4.03. EMERGENCY. The importance of this legislation
26-21 and the crowded condition of the calendars in both houses create an
26-22 emergency and an imperative public necessity that the
26-23 constitutional rule requiring bills to be read on three several
26-24 days in each house be suspended, and this rule is hereby suspended.