By Mowery, Conley                                     H.B. No. 1674
       74R4432 CLG-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the establishment of and mandatory participation in a
    1-3  "first work" pilot program for certain AFDC recipients and certain
    1-4  noncustodial parents of children receiving AFDC benefits.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Subchapter B, Chapter 14, Family Code, is amended
    1-7  by adding Section 14.401 to read as follows:
    1-8        Sec. 14.401.  MANDATORY PARTICIPATION IN FIRST WORK PILOT
    1-9  PROGRAM.  (a)  Except as provided by Subsection (f), a court shall
   1-10  order that a noncustodial parent of a dependent child receiving
   1-11  financial assistance under Chapter 31, Human Resources Code, who is
   1-12  found in contempt of court for failure or refusal to make a child
   1-13  support payment to that child must participate in a "first work"
   1-14  pilot program established under Section 31.015, Human Resources
   1-15  Code, if:
   1-16              (1)  the child support payment is overdue at the time
   1-17  the enforcement proceeding is filed and unpaid at the time of the
   1-18  order; and
   1-19              (2)  a first work pilot program is established in the
   1-20  county in which the parent resides.
   1-21        (b)  The order shall include:
   1-22              (1)  requirements that the parent must meet in
   1-23  participating in the program;
   1-24              (2)  the name, address, and telephone number of the
    2-1  individual or agency the parent must contact to initiate
    2-2  participation in the program;
    2-3              (3)  the manner in which the parent must provide proof
    2-4  of participation in and completion of a program to the court; and
    2-5              (4)  other information necessary for the parent to
    2-6  comply with the order.
    2-7        (c)  Except as provided by Subsections (d) and (e), a parent
    2-8  who is the subject of an order under this  section may not be
    2-9  required to work in the program more than 32 hours for each week
   2-10  that the parent participates in the program.
   2-11        (d)  A parent who is subject to an order under this section
   2-12  and who is required by a governmental entity to participate in
   2-13  another work or job training program at the same time the parent is
   2-14  required to participate in a program under this section may not
   2-15  work in the program under this section a total number of hours each
   2-16  week that exceeds the difference between 32 hours and the number of
   2-17  hours the parent is required to work in the other program.
   2-18        (e)  A parent who is subject to an order under this section
   2-19  and who is employed may not work in the program under this section
   2-20  a total number of hours each week  that exceeds 80 percent of the
   2-21  difference between 40 hours and the number of hours the parent
   2-22  actually works in the parent's employment.
   2-23        (f)  A court may not order a parent who is employed more than
   2-24  32 hours a week to participate in a first work pilot program under
   2-25  this section.
   2-26        (g)  This section expires September 1, 1999.
   2-27        SECTION 2.  Subchapter A, Chapter 31, Human Resources Code,
    3-1  is amended by adding Section  31.015  to read as follows:
    3-2        Sec. 31.015.  FIRST WORK PILOT PROGRAM.  (a)  The department
    3-3  by rule shall develop and implement a three-year "first work" pilot
    3-4  program that requires the following persons to work at a business
    3-5  entity that enters into an agreement with the department under this
    3-6  section:
    3-7              (1)  an adult who receives financial assistance under
    3-8  this chapter if the adult:
    3-9                    (A)  is eligible to participate in the job
   3-10  opportunities and basic skills (JOBS) training program under Part
   3-11  F, Subchapter IV, Social Security Act (42 U.S.C.  Section 682);
   3-12                    (B)  is not the caretaker of a dependent child
   3-13  who is younger than one year of age; and
   3-14                    (C)  is not employed at least 30 hours a week;
   3-15              (2)  an adult who receives food stamps under Chapter
   3-16  33, unless the adult is receiving supplemental security income (42
   3-17  U.S.C. Section 1381 et seq.) or is employed at least 30 hours a
   3-18  week; and
   3-19              (3)  a noncustodial parent of a dependent child who
   3-20  receives financial assistance under this chapter if the
   3-21  noncustodial parent is required to participate in the program by a
   3-22  court order under Section 14.401, Family Code, or  Section 76.0025.
   3-23        (b)  In adopting rules under this section, the department
   3-24  shall:
   3-25              (1)  use the Mississippi first work initiative as a
   3-26  model for the pilot program;
   3-27              (2)  enter into an agreement with a business entity to
    4-1  provide a participant a minimum wage job in the business entity;
    4-2              (3)  ensure that  the pilot program is designed to
    4-3  improve through supervision, job training, and support services the
    4-4  work skills of a participant in the program;
    4-5              (4)  ensure that a participant who is medically
    4-6  incapable of participating in the program is not required to
    4-7  participate in the program  without the person's consent;
    4-8              (5)  establish the number of hours and length of time a
    4-9  participant other than a noncustodial parent described by
   4-10  Subsection (a)(3) is required to work under the pilot program;
   4-11              (6)  ensure that a participating business entity in the
   4-12  first work pilot program:
   4-13                    (A)  employs a participant for a specific length
   4-14  of time set by the department;
   4-15                    (B)  provides on-the-job training to the
   4-16  participant;
   4-17                    (C)  contributes $1 of the minimum per hour wage
   4-18  paid to a participant; and
   4-19                    (D)  contributes to the department $1 for each
   4-20  hour worked by a participant, but not more than a total of $1,000,
   4-21  for use by the department in establishing  an individual
   4-22  development account for the participant that the participant can
   4-23  use for health care, education, or retirement;
   4-24              (7)  provide to a participating business entity a
   4-25  subsidy for the remaining amount of the minimum hourly wage paid by
   4-26  the entity to a participant that the entity is not required to
   4-27  contribute under the program;
    5-1              (8)  reimburse a participating business entity for the
    5-2  entity's share of FICA and unemployment insurance and workers'
    5-3  compensation premiums paid by the entity on a participant's behalf;
    5-4              (9)  ensure that the entire amount of a child support
    5-5  payment owed by a participant on behalf of a dependent child who
    5-6  receives financial assistance under this chapter will be paid to
    5-7  the person who has the custody or care of the child; and
    5-8              (10)  set a timetable to implement and complete the
    5-9  pilot program.
   5-10        (c)  The department may expand the pilot program to require
   5-11  the participation of a person who receives unemployment
   5-12  compensation benefits under Subtitle A, Title 4, Labor Code.
   5-13        (d)  The department shall select not more than six counties
   5-14  in which to establish the pilot program.
   5-15        (e)  Not later than January 15, 1999, the department shall
   5-16  submit to the governor and the 76th Legislature a report concerning
   5-17  the effectiveness of the pilot program.
   5-18        (f)  This section expires September 1, 1999.
   5-19        SECTION 3.  Chapter 76, Human Resources Code, is amended by
   5-20  adding Sections 76.0025 and  76.0026 to read as follows:
   5-21        Sec. 76.0025.  APPLICATION FOR COURT-ORDERED CHILD SUPPORT OF
   5-22  CERTAIN NONCUSTODIAL PARENTS OF AFDC RECIPIENTS.  (a)  This section
   5-23  applies only to a person who:
   5-24              (1)  is at least 18 years of age;
   5-25              (2)  has been identified by a person applying  for
   5-26  financial assistance under Chapter 31 on behalf of a dependent
   5-27  child as the noncustodial parent of the dependent child; and
    6-1              (3)  resides in a county in which a "first work" pilot
    6-2  program under Section 31.015 is established.
    6-3        (b)  The attorney general shall file an application with the
    6-4  court for an order requiring a person to make a child support
    6-5  payment to the attorney general for the benefit of the person's
    6-6  child if the child is receiving financial assistance under Chapter
    6-7  31.
    6-8        (c)  After a hearing on an application filed under this
    6-9  section, if the court finds that the person is unable to make child
   6-10  support payments for the benefit  of the person's child and that
   6-11  the person is physically or mentally capable of working, the court
   6-12  shall enter an order requiring the person to participate in the
   6-13  first  work pilot program established under Section 31.015.
   6-14        (d)  This section expires September 1, 1999.
   6-15        Sec. 76.0026.  ENFORCEMENT OF CHILD SUPPORT OBLIGATION.  (a)
   6-16  If after an investigation the attorney general determines that a
   6-17  person who is ordered to make a child support payment to the
   6-18  attorney general on behalf  of the person's child under Section
   6-19  76.0025 fails or refuses to make the payment, the attorney general
   6-20  shall file an enforcement proceeding under Subchapter B, Chapter
   6-21  14, Family Code.
   6-22        (b)  This section expires September 1, 1999.
   6-23        SECTION 4.  If before implementing a provision of this Act,
   6-24  the Texas  Department of Human Services determines that a waiver or
   6-25  authorization from a federal agency is necessary for
   6-26  implementation, the department shall request the waiver or
   6-27  authorization and may delay implementing that provision until the
    7-1  waiver or authorization is granted.
    7-2        SECTION 5.  (a)  This Act takes effect September 1, 1995.
    7-3        (b)  The Texas Department of Human Services shall establish
    7-4  the pilot program required by Section 31.015, Human Resources Code,
    7-5  as added by this Act, not later than January 1, 1996.
    7-6        SECTION 6.  The importance of this legislation and the
    7-7  crowded condition of the calendars in both houses create an
    7-8  emergency and an imperative public necessity that the
    7-9  constitutional rule requiring bills to be read on three several
   7-10  days in each house be suspended, and this rule is hereby suspended.