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.