By Hilbert                                            H.B. No. 1413
       74R5615 CLG-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to eligibility for AFDC benefits.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subchapter A, Chapter 31, Human Resources Code,
    1-5  is amended by adding Section 31.015 to read as follows:
    1-6        Sec. 31.015.  LOSS OF ELIGIBILITY.  (a)  The department may
    1-7  not provide financial assistance for the support of an adult who
    1-8  receives financial assistance on behalf of a dependent child if the
    1-9  adult:
   1-10              (1)  is eligible to participate in the job
   1-11  opportunities and basic skills (JOBS) training program; 
   1-12              (2)  has received without interruption the financial
   1-13  assistance for two consecutive years; and
   1-14              (3)  is not the caretaker of a physically or mentally
   1-15  disabled child who requires the caretaker's presence or of a child
   1-16  who is younger than four years  of age.
   1-17        (b)  A loss of financial assistance for less than one
   1-18  calendar month does not constitute an interruption of assistance
   1-19  for purposes of  Subdivision (a)(2).
   1-20        (c)  An adult may reapply with the department for financial
   1-21  assistance and services for the support of the adult on or after
   1-22  the third anniversary of the date on which the adult is totally
   1-23  disqualified from receiving financial assistance and services
   1-24  because of the application of this section.
    2-1        (d)  The department by rule shall establish the criteria for
    2-2  determining  whether a child is physically or mentally disabled and
    2-3  requires the caretaker's presence for purposes of this section.
    2-4        (e)  In this section, "job opportunities and basic skills
    2-5  (JOBS) training program" means the job opportunities and basic
    2-6  skills training program under Part F, Subchapter IV, Social
    2-7  Security Act (42 U.S.C. Section 682).
    2-8        SECTION 2.  If before implementing Section 31.015, Human
    2-9  Resources Code, as added by this Act, the Texas Department of Human
   2-10  Services determines that a waiver or authorization from a federal
   2-11  agency is necessary for implementation, the department shall
   2-12  request the waiver or authorization and may delay implementing that
   2-13  section until the waiver or authorization is granted.
   2-14        SECTION 3.  (a)  This Act takes effect September 1, 1995.
   2-15        (b)  In determining eligibility for financial assistance
   2-16  under Section 31.015, Human Resources Code, as added by this Act,
   2-17  the Texas Department of Human Services may not consider financial
   2-18  assistance provided before the effective date of this Act.
   2-19        SECTION 4.  The importance of this legislation and the
   2-20  crowded condition of the calendars in both houses create an
   2-21  emergency and an imperative public necessity that the
   2-22  constitutional rule requiring bills to be read on three several
   2-23  days in each house be suspended, and this rule is hereby suspended.