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.