By Hilderbran, Stiles, Van de Putte, Coleman, H.B. No. 1863
Cuellar of Webb, et al.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to eligibility for and the provision of services and
1-3 programs for needy people, including children; to assistance in
1-4 becoming or remaining self-dependent; and to the responsibility of
1-5 parents and others to assist needy people, including children, in
1-6 becoming or remaining self-dependent; providing penalties.
1-7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-8 ARTICLE 1. FAMILY GRANT; SUPPORT SERVICES; PARENTING
1-9 SKILLS TRAINING; RESOURCE LIMITS; MINOR PARENTS RESIDING
1-10 WITH ADULTS
1-11 SECTION 1.01. PRIORITY OF ASSISTANCE. Section 31.001, Human
1-12 Resources Code, is amended to read as follows:
1-13 Sec. 31.001. Aid to Families With Dependent Children. The
1-14 department shall provide financial assistance and services to
1-15 families with dependent children in accordance with the provisions
1-16 of this chapter. In administering this chapter, the department
1-17 shall give first priority to assisting unemployed adult recipients
1-18 of financial assistance and services under this chapter in finding
1-19 and retaining employment.
1-20 SECTION 1.02. FAMILY GRANT. (a) Section 31.003, Human
1-21 Resources Code, is amended to read as follows:
1-22 Sec. 31.003. AMOUNT OF FINANCIAL ASSISTANCE. (a) The
1-23 department shall adopt rules governing the determination of the
1-24 amount of financial assistance to be granted for the support of a
2-1 dependent child. The amount granted, when combined with the income
2-2 and other resources available for the child's support, must be
2-3 sufficient to provide the child with a subsistence compatible with
2-4 decency and health. The department may not provide additional
2-5 financial assistance for any child born to a recipient of Aid to
2-6 Families with Dependent Children (AFDC) more than 10 months after
2-7 the date on which the recipient is determined eligible to receive
2-8 financial assistance if the paternity of the dependent child has
2-9 not been established for the purpose of enforcing child support and
2-10 if the recipient already has two or more children. The department
2-11 may provide financial assistance for a child born to a former
2-12 recipient of AFDC who reapplies for AFDC and who has not been
2-13 receiving AFDC for a minimum of 12 consecutive months immediately
2-14 preceding the date of reapplication. This section does not
2-15 prohibit the department from providing medical assistance, child
2-16 care, or any other social or support services for the excluded
2-17 child if the child meets all other appropriate eligibility
2-18 requirements for financial assistance under this chapter.
2-19 (b) If an adult recipient of financial assistance under this
2-20 chapter has another child who would have been eligible to receive
2-21 assistance except for the restrictions of Subsection (a), the
2-22 department, in computing the amount of assistance for the family,
2-23 shall:
2-24 (1) deduct the earned income disregard allowable under
2-25 federal law; and
2-26 (2) increase by $30 the amount of the earned income
2-27 disregard if the adult recipient is employed.
3-1 (c) The department may not consider any income earned by a
3-2 dependent child who is attending school and whose income is derived
3-3 from the child's part-time employment for the purposes of
3-4 determining:
3-5 (1) the amount of financial assistance granted to an
3-6 individual under this chapter for the support of dependent
3-7 children; or
3-8 (2) whether the family meets household income and
3-9 resource requirements for eligibility for financial assistance
3-10 under this chapter.
3-11 <(b) In considering the amount of income or other resources
3-12 available to a child or a relative claiming financial assistance on
3-13 the child's behalf, the department shall also consider reasonable
3-14 expenses attributable to earning the income. The department may
3-15 permit all or part of the earned or other income to be set aside
3-16 for the future identifiable needs of the child, subject to
3-17 limitations prescribed by the department.>
3-18 <(c) The department's agents employed in the region or
3-19 county in which the dependent child resides shall determine the
3-20 amount to be paid in accordance with the rules promulgated by the
3-21 department.>
3-22 (b) Section 31.003, Human Resources Code, as amended by this
3-23 article, applies to all financial assistance under Chapter 31,
3-24 Human Resources Code, that is paid on or after September 1, 1995,
3-25 regardless of the date on which eligibility for that assistance is
3-26 determined.
3-27 SECTION 1.03. NEEDS ASSESSMENT. Subchapter A, Chapter 31,
4-1 Human Resources Code, is amended by adding Section 31.0095 to read
4-2 as follows:
4-3 Sec. 31.0095. NEEDS ASSESSMENT. The department shall assist
4-4 a recipient in assessing the particular needs of that recipient and
4-5 the recipient's family upon notification of entry into the JOBS
4-6 program or an activity under Section 31.0031(b)(4) of the Human
4-7 Resources Code. The department and the recipient shall develop an
4-8 employability plan to help the recipient achieve independence from
4-9 public assistance granted to the recipient and the recipient's
4-10 family.
4-11 SECTION 1.04. SUPPORT SERVICES. Section 31.010, Human
4-12 Resources Code, is amended to read as follows:
4-13 Sec. 31.010. SUPPORT SERVICES. (a) Subject to the
4-14 availability of funds, the <The> department shall <may> provide a
4-15 recipient with support services designed to assist the recipient
4-16 and the recipient's family to <needy families and individuals>
4-17 attain and retain the capability of independence and self-care <if
4-18 federal matching funds are available for the support of the
4-19 services>.
4-20 (b) The department shall consider the needs assessment and
4-21 employability plan developed under Section 31.0095 in determining
4-22 the support services needed.
4-23 (c) Support services include:
4-24 (1) education, using public or private schools as
4-25 necessary;
4-26 (2) child care;
4-27 (3) transportation assistance;
5-1 (4) work skills and job readiness training;
5-2 (5) instruction in job search techniques; and
5-3 (6) job placement.
5-4 (d) The department by rule shall provide for implementation
5-5 of the support services.
5-6 (e) The department may contract with other state agencies,
5-7 community colleges, technical schools, residence training
5-8 facilities, or public or private entities to provide support
5-9 services under this section.
5-10 (f) Subject to the availability of funds, the department
5-11 shall provide a recipient with child care services on a sliding
5-12 scale if the recipient is attending an institution of higher
5-13 education as defined by Section 61.003, Education Code, and has as
5-14 a recipient been enrolled for more than two years or has accrued
5-15 more than 60 credit hours. The department shall phase out,
5-16 according to a schedule adopted by the department, those services
5-17 after the recipient has become gainfully employed.
5-18 SECTION 1.05. PARENTING SKILLS TRAINING; SAFETY OF CHILDREN.
5-19 Section 31.0135, Human Resources Code, is amended to read as
5-20 follows:
5-21 Sec. 31.0135. PARENTING SKILLS TRAINING. (a) The
5-22 department, in cooperation with the Central Education Agency, the
5-23 Department of Protective and Regulatory Services, the Texas
5-24 Agricultural Extension Service, or any other public or private
5-25 entity, shall develop a parenting skills training program to assist
5-26 a recipient of assistance under this chapter, including a child who
5-27 receives assistance on behalf of a dependent child. The program
6-1 shall include nutrition education, budgeting and survival skills,
6-2 and instruction on the necessity of physical and emotional safety
6-3 for children.
6-4 (b) The department shall require that a caretaker relative
6-5 or parent <child who is in school and> who is receiving assistance
6-6 under this chapter on behalf of a dependent child receive parenting
6-7 skills training as needed.
6-8 (c) In this section, "caretaker relative" means a person who
6-9 is listed as a relative eligible to receive assistance under 42
6-10 U.S.C. Section 602(a).
6-11 SECTION 1.06. TEENAGE PREGNANCY. Section 31.0315, Human
6-12 Resources Code, is amended by adding Subsection (f) to read as
6-13 follows:
6-14 (f) If the parent of a dependent child is under 17 years of
6-15 age and the Title IV-D agency determines that the child's birth may
6-16 be the result of sexual conduct that constitutes a criminal offense
6-17 under the Penal Code, that agency shall refer the case to the
6-18 appropriate law enforcement agency for further investigation.
6-19 SECTION 1.07. RESOURCE LIMITS FOR AFDC RECIPIENTS. Section
6-20 31.032, Human Resources Code, is amended by adding Subsections (d)
6-21 and (e) to read as follows:
6-22 (d) In determining whether an applicant is eligible for
6-23 assistance, the department shall exclude from the applicant's
6-24 available resources:
6-25 (1) $2,000 for the applicant's household or $3,000 if
6-26 there is a person with a disability or a person who is at least 60
6-27 years of age in the applicant's household; and
7-1 (2) the fair market value of the applicant's ownership
7-2 interest in a motor vehicle, but not more than the amount
7-3 determined according to the following schedule:
7-4 (A) $4,550 on or after September 1, 1995, but
7-5 before October 1, 1995;
7-6 (B) $4,600 on or after October 1, 1995, but
7-7 before October 1, 1996;
7-8 (C) $5,000 on or after October 1, 1996, but
7-9 before October 1, 1997; and
7-10 (D) $5,000 plus or minus an amount to be
7-11 determined annually beginning on October 1, 1997, to reflect
7-12 changes in the new car component of the Consumer Price Index for
7-13 All Urban Consumers published by the Bureau of Labor Statistics.
7-14 (e) If federal regulations governing the maximum allowable
7-15 resources under the food stamp program, 7 CFR Part 273, are
7-16 revised, the department shall adjust the standards that determine
7-17 available resources under Subsection (d) to reflect those
7-18 revisions.
7-19 SECTION 1.08. MINOR PARENTS RESIDING WITH ADULTS. (a)
7-20 Subchapter A, Chapter 31, Human Resources Code, is amended by
7-21 adding Section 31.0055 to read as follows:
7-22 Sec. 31.0055. MINOR PARENTS RESIDING WITH RELATIVES OR OTHER
7-23 ADULTS. (a) The department may not provide financial assistance
7-24 to a minor parent who is receiving the assistance on behalf of a
7-25 dependent child unless both the minor parent and the dependent
7-26 child reside:
7-27 (1) with a parent or other adult family member, or the
8-1 guardian or managing conservator, of the minor parent; or
8-2 (2) in a foster home or other home or facility in
8-3 which the Department of Protective and Regulatory Services has
8-4 placed the minor parent if the Department of Protective and
8-5 Regulatory Services is the guardian or managing conservator of the
8-6 minor parent.
8-7 (b) A minor parent is exempt from the requirements of
8-8 Subsection (a) only if:
8-9 (1) after an investigation, the department determines
8-10 that the physical or emotional health or safety of the minor parent
8-11 or dependent child would be jeopardized by requiring the minor
8-12 parent and dependent child to reside with a person or in a place
8-13 described by Subsection (a);
8-14 (2) the minor parent does not have a parent, guardian,
8-15 or managing conservator whose location is known;
8-16 (3) the minor parent does not have a parent, guardian,
8-17 managing conservator, or adult family member who will allow the
8-18 minor parent and dependent child to reside in that person's home;
8-19 or
8-20 (4) the minor parent has a high school diploma or a
8-21 high school equivalency certificate.
8-22 (c) In this section, "minor" means a person 18 years of age
8-23 or younger who has never been married and who has not had the
8-24 person's disabilities of minority removed for general purposes.
8-25 (b) Section 31.0051, Human Resources Code, is repealed.
8-26 (c) The changes in law made by Section 31.0055, Human
8-27 Resources Code, as added by this article, apply only to a person
9-1 who becomes eligible to receive financial assistance and services
9-2 under Chapter 31, Human Resources Code, on or after the effective
9-3 date of this article.
9-4 ARTICLE 2. RESPONSIBILITY AGREEMENT
9-5 SECTION 2.01. APPLICATION FOR ASSISTANCE. (a) Section
9-6 31.031, Human Resources Code, is amended by adding Subsections (c),
9-7 (d), and (e) to read as follows:
9-8 (c) The department shall require the applicant to provide
9-9 proof to the department that:
9-10 (1) each person who will receive assistance under this
9-11 chapter is:
9-12 (A) a United States citizen or has a
9-13 satisfactory immigration status under federal immigration law; and
9-14 (B) a resident of this state; and
9-15 (2) each child five years of age and younger for whom
9-16 the applicant will receive assistance:
9-17 (A) is currently receiving or will receive by
9-18 the time of the recipient family's next eligibility review an
9-19 immunization series in accordance with Section 161.004, Health and
9-20 Safety Code, if the child is of sufficient age; or
9-21 (B) is exempted under Section 161.004(d), Health
9-22 and Safety Code.
9-23 (d) The department shall require each applicant to sign the
9-24 responsibility agreement prescribed by Section 31.0031. The
9-25 department shall explain to the applicant the work requirements and
9-26 time-limited benefits in addition to the other provisions of the
9-27 agreement before the applicant signs the agreement. The department
10-1 shall provide each applicant with a copy of the signed agreement.
10-2 (e) The responsibility agreement must include a list of the
10-3 state's benefits to the individual and the individual's family and
10-4 pertinent case information, including the case number.
10-5 (b) Section 31.031, Human Resources Code, as amended by this
10-6 article, applies to a person who applies for financial assistance
10-7 under Chapter 31, Human Resources Code, on or after the effective
10-8 date of this article. A person who applied for financial
10-9 assistance before the effective date of this article is governed by
10-10 the law in effect when the person applied, and that law is
10-11 continued in effect for that purpose.
10-12 SECTION 2.02. RESPONSIBILITY AGREEMENT. (a) Subchapter A,
10-13 Chapter 31, Human Resources Code, is amended by adding Sections
10-14 31.0031, 31.0032, 31.0033, and 31.0034 to read as follows:
10-15 Sec. 31.0031. RESPONSIBILITY AGREEMENT. (a) The department
10-16 may not provide assistance under this chapter to or for a person
10-17 unless the person complies with each applicable requirement of the
10-18 responsibility agreement prescribed by this section.
10-19 (b) Notwithstanding the requirements of Section 31.003(a),
10-20 if the person fails to comply with the immunization requirement of
10-21 the responsibility agreement within 60 days, the department shall
10-22 reduce the assistance received by the family by $25 per month.
10-23 (c) The responsibility agreement shall require, as a
10-24 condition of continued eligibility under this chapter, that:
10-25 (1) the parent of a dependent child cooperate with the
10-26 department and the Title IV-D agency if necessary to establish the
10-27 paternity of the dependent child and to establish or enforce child
11-1 support;
11-2 (2) if adequate and accessible providers of the
11-3 services are available in the geographic area and subject to the
11-4 availability of funds, each dependent child five years of age and
11-5 younger complete early and periodic screening, diagnosis, and
11-6 treatment checkups on schedule and receive the immunization series
11-7 prescribed by Section 161.004, Health and Safety Code, unless the
11-8 child is exempted under that section;
11-9 (3) each adult recipient, or teen parent recipient who
11-10 has completed the requirements regarding school attendance in
11-11 Subdivision (7), not voluntarily terminate employment of at least
11-12 30 hours each week without good cause in accordance with rules
11-13 adopted by the department;
11-14 (4) each adult recipient for whom a needs assessment
11-15 was conducted participate in an activity to enable that person to
11-16 become self-sufficient by:
11-17 (A) continuing the person's education or
11-18 becoming literate;
11-19 (B) entering a job placement or employment
11-20 skills training program;
11-21 (C) serving as a volunteer in the person's
11-22 community; or
11-23 (D) serving in a community work program or other
11-24 work program approved by the department;
11-25 (5) each caretaker relative or parent receiving
11-26 assistance not use, sell, or possess marihuana or a controlled
11-27 substance, in violation of Chapter 481, Health and Safety Code, or
12-1 if addicted to marihuana or a controlled substance comply with the
12-2 requirements of Section 31.015;
12-3 (6) each caretaker relative or parent receiving
12-4 assistance comply with department rules regarding testing for a
12-5 violation of Subdivision (5);
12-6 (7) each dependent child younger than 18 years of age
12-7 or teen parent younger than 19 years of age attend school
12-8 regularly, unless the child has a high school diploma or high
12-9 school equivalency certificate or is specifically exempted from
12-10 school attendance under Section 21.033, Education Code;
12-11 (8) each recipient comply with department rules
12-12 regarding proof of school attendance; and
12-13 (9) each recipient attend parenting skills training
12-14 classes provided under Section 31.0135.
12-15 (d) In conjunction with the Texas Commission on Alcohol and
12-16 Drug Abuse, the department by rule shall provide for random
12-17 screening procedures to ensure that a caretaker relative or parent
12-18 receiving assistance complies with the drug-free requirements of
12-19 Subsection (c)(5).
12-20 (e) In conjunction with the Central Education Agency, the
12-21 department by rule shall ensure compliance with the school
12-22 attendance requirements of Subsection (c)(7) by establishing
12-23 criteria for:
12-24 (1) determining whether a child is regularly attending
12-25 school;
12-26 (2) exempting a child from school attendance in
12-27 accordance with Subchapter B, Chapter 21, Education Code; and
13-1 (3) determining when an absence is excused.
13-2 (f) Effective September 1, 1995, a person who has a
13-3 dependent child five years of age or younger or a person who is
13-4 eligible for participation in the job opportunities and basic
13-5 skills training program (JOBS) under Part F, Subchapter IV, Social
13-6 Security Act (42 U.S.C. Section 682), may be exempt from
13-7 Subsections (c)(4)(B) and (D) only if all of the positions for that
13-8 program are filled. The department by rule shall provide for
13-9 filling positions that are available in the program with persons
13-10 who have dependent children who are five years of age or younger.
13-11 Effective September 1, 1997, this subsection applies to a person
13-12 who has a dependent child four years of age or younger. Effective
13-13 September 1, 1998, this subsection applies to a person who has a
13-14 dependent child three years of age or younger.
13-15 (g) The department may require recipients exempt under
13-16 Subsection (c)(4)(B) to participate in in-home literacy, education,
13-17 and volunteer work experience programs approved by the department.
13-18 (h) In this section, "caretaker relative" means a person who
13-19 is listed as a relative eligible to receive assistance under 42
13-20 U.S.C. Section 602(a).
13-21 (i) At the time the responsibility agreement is signed, the
13-22 department may inform the parent of a dependent child of the
13-23 importance of regular church attendance and encourage the parent to
13-24 take the child to church if the parent determines it is in the
13-25 child's best interests.
13-26 Sec. 31.0032. BENEFITS WITHHELD. (a) If after an
13-27 investigation the department determines that a person is not
14-1 complying with a requirement of the responsibility agreement
14-2 prescribed by Section 31.0031, the department shall withhold the
14-3 financial assistance provided to or for that person under this
14-4 chapter.
14-5 (b) The department shall immediately notify the caretaker
14-6 relative, second parent, or payee receiving the financial
14-7 assistance whether financial assistance is to be withheld under
14-8 this section.
14-9 Sec. 31.0033. GOOD CAUSE NONCOMPLIANCE HEARING. (a) If the
14-10 department determines that assistance should be withheld under
14-11 Section 31.0032 for noncompliance with the responsibility agreement
14-12 required by Section 31.0031, the person determined to have not
14-13 complied or, if different, the person receiving the financial
14-14 assistance may request a hearing to show good cause for
14-15 noncompliance not later than the 10th day after the date on which
14-16 notice is received under Section 31.0032.
14-17 (b) The department shall promptly conduct a hearing if a
14-18 timely request is made under Subsection (a).
14-19 (c) If the department finds that good cause for
14-20 noncompliance was not shown at a hearing, the department shall
14-21 withhold assistance paid to or for that person until the department
14-22 determines that the person is in compliance with the terms of the
14-23 responsibility agreement.
14-24 (d) The department by rule shall establish criteria for good
14-25 cause noncompliance under this section.
14-26 Sec. 31.0034. ANNUAL REPORT. The department shall prepare
14-27 and submit an annual report to the legislature that contains
15-1 statistical information regarding persons who are applying for or
15-2 receiving financial assistance or services under this chapter,
15-3 including the number of persons receiving assistance, the type of
15-4 assistance those persons are receiving, and the length of time
15-5 those persons have been receiving the assistance. The report must
15-6 also contain information on:
15-7 (1) the number of persons to whom Sections 31.0031 and
15-8 31.0065 apply;
15-9 (2) the number of persons under each time limit
15-10 category;
15-11 (3) the number of persons who are exempt from
15-12 participation under Section 31.012(b);
15-13 (4) the number of persons who were receiving financial
15-14 assistance under this chapter but are no longer eligible to receive
15-15 that assistance because they failed to comply with the requirements
15-16 prescribed by Sections 31.0031 and 31.0065; and
15-17 (5) the number of persons who are no longer eligible
15-18 to receive financial assistance or transitional benefits under this
15-19 chapter because:
15-20 (A) the person's household income has increased
15-21 due to employment or marriage; or
15-22 (B) the person has exhausted the person's
15-23 benefits under this chapter; and
15-24 (6) the number of persons receiving child care, job
15-25 training or other support services designed to assist the
15-26 transition to self-sufficiency.
15-27 (b) Except as provided by Subsection (c) of this section,
16-1 Sections 31.0031, 31.0032, and 31.0033, Human Resources Code, as
16-2 added by this article, apply to a person receiving financial
16-3 assistance on or after the effective date of this article,
16-4 regardless of the date on which eligibility for that assistance is
16-5 determined.
16-6 (c) Not later than January 1, 1996, the Texas Department of
16-7 Human Services shall require each recipient who applied for
16-8 financial assistance before the effective date of this article to
16-9 sign the responsibility agreement prescribed by Section 31.0031,
16-10 Human Resources Code, as added by this article. The department may
16-11 not enforce the terms of the agreement against a recipient who has
16-12 not had an opportunity to sign the agreement.
16-13 SECTION 2.03. Conforming Amendment: Mandatory School
16-14 Attendance. Subchapter A, Chapter 11, Education Code, is amended
16-15 by adding Section 11.2094 to read as follows:
16-16 Sec. 11.2094. Attendance Records: AFDC Recipients. The
16-17 Central Education Agency shall cooperate with the Texas Department
16-18 of Human Services in providing applicants for and recipients of
16-19 financial assistance under Chapter 31, Human Resources Code, with
16-20 the appropriate records to demonstrate satisfactory attendance and
16-21 progress of dependent children and teen parents according to rules
16-22 adopted by the department.
16-23 SECTION 2.04. MANDATORY SUBSTANCE ABUSE SCREENING. (a)
16-24 Subchapter A, Chapter 31, Human Resources Code, is amended by
16-25 adding Section 31.015 to read as follows:
16-26 Sec. 31.015. MANDATORY SUBSTANCE ABUSE SCREENING. (a) If
16-27 it is determined that a caretaker relative or parent who is
17-1 applying for or receiving financial assistance under this chapter
17-2 is using marihuana or a controlled substance in violation of
17-3 Chapter 481, Health and Safety Code, as determined by rules adopted
17-4 by the Texas Commission on Alcohol and Drug Abuse, the person must:
17-5 (1) undergo a screening for dependency on marihuana
17-6 and controlled substances and, if found in need of treatment,
17-7 participate in and maintain satisfactory progress in an appropriate
17-8 treatment program, subject to the availability of funds; and
17-9 (2) comply with department rules, adopted in
17-10 conjunction with the Texas Commission on Alcohol and Drug Abuse,
17-11 regarding random screening for substance abuse.
17-12 (b) In conjunction with the department, the Texas Commission
17-13 on Alcohol and Drug Abuse by rule shall provide for the
17-14 determination of substance abuse dependence, appropriate treatment,
17-15 and screening requirements.
17-16 (c) The department may not provide financial assistance to
17-17 or for a family with a member who does not comply with this
17-18 section.
17-19 (d) In this section, "caretaker relative" means a person who
17-20 is listed as a relative eligible to receive assistance under 42
17-21 U.S.C. Section 602(a).
17-22 (b) Section 31.015, Human Resources Code, as added by this
17-23 article, applies to a person receiving financial assistance on or
17-24 after September 1, 1995, regardless of the date on which
17-25 eligibility for that assistance is determined.
17-26 (c) The Texas Department of Human Services and the Texas
17-27 Commission on Alcohol and Drug Abuse shall gradually implement
18-1 Section 31.015, Human Resources Code, as added by this article, by
18-2 selecting specific counties or areas of the state as test sites.
18-3 Section 31.015, Human Resources Code, shall be implemented
18-4 statewide as soon as practicable. Section 31.015, Human Resources
18-5 Code, applies to a person receiving financial assistance on or
18-6 after the date the section is implemented in the area in which the
18-7 person resides, regardless of the date on which eligibility for
18-8 that assistance is determined. However, the Texas Department of
18-9 Human Services may not consider financial assistance provided
18-10 before the implementation date in determining if a person has
18-11 exhausted assistance.
18-12 ARTICLE 3. TIME-LIMITED AND TRANSITIONAL BENEFITS
18-13 SECTION 3.01. TIME-LIMITED BENEFITS. (a) Subchapter A,
18-14 Chapter 31, Human Resources Code, is amended by adding Section
18-15 31.0065 to read as follows:
18-16 Sec. 31.0065. TIME-LIMITED BENEFITS. (a) The department
18-17 may provide financial assistance under this chapter only in
18-18 accordance with the time limits specified by this section. The
18-19 department by rule may provide for exceptions to these time limits
18-20 if severe personal hardship or community economic factors prevent
18-21 the recipient from obtaining employment or if the state is unable
18-22 to provide support services.
18-23 (b) The department shall limit financial assistance and the
18-24 transitional benefits specified by Sections 31.0035 and 32.0255 in
18-25 accordance with the following schedule:
18-26 (1) financial assistance is limited to a cumulative
18-27 total of six months and transitional benefits are limited to six
19-1 months if the person receiving financial assistance on behalf of a
19-2 dependent child has:
19-3 (A) a high school diploma, a high school
19-4 equivalency certificate, or a certificate or degree from a two-year
19-5 or four-year institution of higher education or technical or
19-6 vocational school; and
19-7 (B) work experience of 18 months or more;
19-8 (2) financial assistance is limited to a cumulative
19-9 total of 12 months and transitional benefits are limited to six
19-10 months if the person receiving financial assistance on behalf of a
19-11 dependent child has:
19-12 (A) a high school diploma, a high school
19-13 equivalency certificate, or a certificate or degree from a two-year
19-14 or four-year institution of higher education or technical or
19-15 vocational school; or
19-16 (B) work experience of 18 months or more;
19-17 (3) financial assistance is limited to a cumulative
19-18 total of 24 months and transitional benefits are limited to 12
19-19 months if the person receiving financial assistance on behalf of a
19-20 dependent child:
19-21 (A) has completed three years of high school; or
19-22 (B) has work experience of not less than six or
19-23 more than 18 months; and
19-24 (4) financial assistance is limited to a cumulative
19-25 total of 36 months and transitional benefits are not provided,
19-26 except when the person's household income has increased such that
19-27 the family is no longer eligible to receive financial assistance,
20-1 in which case transitional benefits of 12 months are provided, if
20-2 the person receiving assistance on behalf of a dependent child:
20-3 (A) has completed less than three years of high
20-4 school; and
20-5 (B) has less than six months of work experience.
20-6 (c) If the recipient has completed less than three years of
20-7 high school and has less than six months of work experience, the
20-8 department shall perform an in-depth assessment of the needs of
20-9 that person and that person's family. The department is not
20-10 required to perform an additional assessment if the department has
20-11 performed an assessment under Section 31.0095. If the recipient
20-12 cooperates with the department's assessment, the time period
20-13 prescribed by Subsection (b)(4) begins on the first anniversary of
20-14 the date on which the department completes the assessment, as
20-15 determined by the department.
20-16 (d) The computation of time limits under Subsection (b)
20-17 begins when the adult or teen parent recipient receives
20-18 notification of work or employment activity under Section 31.012.
20-19 (e) If the department is imposing time-limited benefits on
20-20 an individual, the department shall consider:
20-21 (1) the assessment of the individual's need that was
20-22 conducted by the department; and
20-23 (2) the prevailing economic and employment conditions
20-24 in the area of the state where the individual resides.
20-25 (b) The Texas Department of Human Services shall gradually
20-26 implement Section 31.0065, Human Resources Code, as added by this
20-27 article, by selecting specific counties or areas of the state as
21-1 test sites. In selecting the test sites, the department shall
21-2 give priority to those locations with the highest ability to
21-3 implement this section. The department shall implement Section
21-4 31.0065 statewide as soon as practicable. Section 31.0065 applies
21-5 to a person receiving financial assistance on or after the date the
21-6 section is implemented in the area in which the person resides,
21-7 regardless of the date on which eligibility for that assistance is
21-8 determined. However, the Texas Department of Human Services may
21-9 not consider financial assistance provided before the
21-10 implementation date in determining if a person has exhausted
21-11 assistance.
21-12 SECTION 3.02. TRANSITIONAL CHILD-CARE SERVICES. Subchapter
21-13 A, Chapter 31, Human Resources Code, is amended by adding Section
21-14 31.0035 to read as follows:
21-15 Sec. 31.0035. TRANSITIONAL CHILD-CARE SERVICES. (a) The
21-16 department shall provide necessary transitional child-care
21-17 services, in accordance with department rules and federal law, to a
21-18 person who was receiving financial assistance under this chapter
21-19 but is no longer eligible to receive the assistance because:
21-20 (1) the person's household income has increased; or
21-21 (2) the person has exhausted the person's benefits
21-22 under Section 31.0065.
21-23 (b) Except as provided by Section 31.012(c), the department
21-24 may provide the child-care services only until the earlier of:
21-25 (1) the end of the applicable period prescribed by
21-26 Section 31.0065 for the provision of transitional benefits; or
21-27 (2) the first anniversary of the date on which the
22-1 person becomes ineligible for financial assistance because of
22-2 increased household income.
22-3 (c) The department by rule shall adopt a system of
22-4 co-payments in order to have a person who receives child-care
22-5 services under this section contribute an amount toward the cost of
22-6 the services according to the person's ability to pay.
22-7 (d) The department by rule shall provide for sanctions for a
22-8 person who is financially able to contribute the amount required by
22-9 Subsection (c) but fails to pay.
22-10 SECTION 3.03. TRANSITIONAL MEDICAL ASSISTANCE. Subchapter
22-11 B, Chapter 32, Human Resources Code, is amended by adding Section
22-12 32.0255 to read as follows:
22-13 Sec. 32.0255. TRANSITIONAL MEDICAL ASSISTANCE. (a) The
22-14 state shall provide transitional medical assistance, in accordance
22-15 with state rules and federal law, to a person who was receiving
22-16 financial assistance under Chapter 31 but is no longer eligible to
22-17 receive the assistance because:
22-18 (1) the person's household income has increased; or
22-19 (2) the person has exhausted the person's benefits
22-20 under Section 31.0065.
22-21 (b) Except as provided by Section 31.012, the state may
22-22 provide the medical assistance only until the earlier of:
22-23 (1) the end of the applicable period prescribed by
22-24 Section 31.0065 for the provision of transitional benefits; or
22-25 (2) the first anniversary of the date on which the
22-26 person becomes ineligible for financial assistance because of
22-27 increased household income.
23-1 (c) The Texas Department of Health, in conjunction with the
23-2 other state agencies that administer a part of the Medicaid
23-3 program, by rule shall adopt a system of co-payments, significantly
23-4 similar to the co-payments established in the Medicaid program, in
23-5 order to have a person who receives medical assistance under this
23-6 section contribute an amount toward the cost of the assistance
23-7 according to the person's ability to pay.
23-8 (d) The Texas Department of Health, in conjunction with the
23-9 other state agencies that administer a part of the Medicaid
23-10 program, by rule shall provide for sanctions for a person who is
23-11 financially able to contribute the amount required under Subsection
23-12 (c) but fails to contribute.
23-13 (e) A person who is not financially able to contribute under
23-14 Subsection (c) may not be denied medical assistance.
23-15 ARTICLE 4. WORK PROGRAMS
23-16 SECTION 4.01. EMPLOYMENT OR VOLUNTEER WORK PROGRAM. (a)
23-17 Section 31.012, Human Resources Code, is amended to read as
23-18 follows:
23-19 Sec. 31.012. MANDATORY WORK OR PARTICIPATION IN EMPLOYMENT
23-20 ACTIVITIES THROUGH THE JOB OPPORTUNITIES AND BASIC SKILLS PROGRAM.
23-21 (a) The department shall require that, during any one-month period
23-22 in which an adult is receiving financial assistance under this
23-23 chapter, the adult shall during that period:
23-24 (1) work not less than 30 hours a week; or
23-25 (2) participate for not less than 20 hours a week in
23-26 an activity established under the job opportunities and basic
23-27 skills (JOBS) training program under Part F, Subchapter IV, Social
24-1 Security Act (42 U.S.C. Section 682) <In the event the federal job
24-2 opportunities and basic skills program for recipients of Aid to
24-3 Families with Dependent Children is discontinued or is inadequate
24-4 to meet the recipients' needs, the state shall operate a program to
24-5 provide employment, education, and training opportunities, subject
24-6 to available funds>.
24-7 (b) The department by rule shall establish criteria for good
24-8 cause noncompliance and for notification procedures regarding
24-9 participation in work or employment activities under this section.
24-10 (c) A person who is the caretaker of a physically or
24-11 mentally disabled child who requires the caretaker's presence is
24-12 not required to participate in a program under this section.
24-13 Effective September 1, 1995, a person is not required to
24-14 participate in a program under this section until the person's
24-15 youngest child at the time the person first became eligible for
24-16 assistance reaches the age of six. Notwithstanding Sections
24-17 31.0035(b) and 32.0255(b), the department shall provide to a person
24-18 who is exempt under this subsection and who volunteers to
24-19 participate in a program under Subsection (a)(2) six months of
24-20 transitional benefits in addition to the applicable limit
24-21 prescribed by Section 31.0065. Effective September 1, 1997, a
24-22 person is exempt until the person's youngest child at the time the
24-23 person first became eligible for assistance reaches the age of
24-24 five. Effective September 1, 1998, a person is exempt until the
24-25 person's youngest child at the time the person first became
24-26 eligible for assistance reaches the age of four.
24-27 (b) This section applies to a person receiving assistance on
25-1 or after September 1, 1995, regardless of the date on which
25-2 eligibility for that assistance is determined.
25-3 (c) The Texas Department of Human Services shall adopt the
25-4 rules required by Section 31.012(b), Human Resources Code, as
25-5 amended by this article, not later than December 1, 1995.
25-6 SECTION 4.02. VOLUNTEER WORK EXPERIENCE. (a) Section
25-7 31.0125, Human Resources Code, is amended to read as follows:
25-8 Sec. 31.0125. VOLUNTEER <COMMUNITY> WORK EXPERIENCE PROGRAM.
25-9 (a) Subject to the availability of appropriations for client
25-10 support services, the department by rule shall develop and
25-11 implement a volunteer <community> work experience program in
25-12 accordance with federal law as a part of the job opportunities and
25-13 basic skills (JOBS) training program under Part F, Subchapter IV,
25-14 Social Security Act (42 U.S.C. Section 682).
25-15 (b) In adopting rules under this section, the department
25-16 shall:
25-17 (1) establish the criteria for determining which
25-18 recipients of financial assistance under this chapter who are
25-19 eligible to participate in the JOBS training program will be
25-20 required to participate in the volunteer <community> work
25-21 experience program;
25-22 (2) ensure that participation in the volunteer
25-23 <community> work experience program will not result in the
25-24 displacement of an employee from an existing position or the
25-25 elimination of a vacant position;
25-26 (3) ensure that the volunteer <community> work
25-27 experience program will not impair an existing service contract or
26-1 collective bargaining agreement;
26-2 (4) ensure that an entity or agency that enters into
26-3 an agreement with the department under this section provides to a
26-4 participant, without paying the participant a salary, job training
26-5 and work experience in certain areas within the entity or agency;
26-6 (5) require that each entity or agency that enters
26-7 into a cooperative agreement with the department under this section
26-8 identify positions within the entity or agency that will enable a
26-9 participant to gain the skills and experience necessary to be able
26-10 to compete in the labor market for comparable positions; and
26-11 (6) amend the service delivery system of the JOBS
26-12 training program to require a participant in the JOBS training
26-13 program who is unemployed after completing the JOBS readiness
26-14 activities outlined in the participant's employability plan,
26-15 including job search, to participate in the volunteer <community>
26-16 work experience program.
26-17 (c) To implement the volunteer <community> work experience
26-18 program, the department shall enter into written nonfinancial
26-19 cooperative agreements with entities that receive funds under a
26-20 federal Head Start program, <and with> state agencies, including
26-21 institutions of higher education, <or> other entities of state or
26-22 local government, or private sector or nonprofit organizations or
26-23 foundations. <To be eligible to enter into a contract under this
26-24 section, the entity or agency must employ at least 250 persons.
26-25 The department and the entity or agency may waive this requirement
26-26 by mutual agreement.>
26-27 (d) The department and an entity or agency that enters into
27-1 an agreement under this section must establish participation
27-2 requirements for the entity or agency under the volunteer
27-3 <community> work experience program. The requirements must be
27-4 contained in the agreement.
27-5 (b) This section applies to a person receiving assistance on
27-6 or after September 1, 1995, regardless of the date on which
27-7 eligibility for that assistance is determined.
27-8 SECTION 4.03. EMPLOYMENT PROGRAMS. Subchapter A, Chapter
27-9 31, Human Resources Code, is amended by adding Sections 31.0126 and
27-10 31.0127 to read as follows:
27-11 Sec. 31.0126. EMPLOYMENT PROGRAMS. (a) In cooperation with
27-12 the state agency charged with primary responsibility for job
27-13 training, employment, and workforce development in this state, the
27-14 department by rule shall develop the following programs to assist
27-15 recipients of financial assistance and services under this chapter
27-16 in finding and retaining employment:
27-17 (1) a work first program that provides a participant
27-18 job readiness training and employment information and services that
27-19 will motivate the participant to find and apply for a job through
27-20 job clubs, job readiness activities, and job search activities;
27-21 (2) a business internship program that provides a
27-22 participant the opportunity to obtain marketable job skills through
27-23 an internship in a participating business;
27-24 (3) a Texas works program that:
27-25 (A) is operated by a nonprofit group or local
27-26 governmental entity;
27-27 (B) provides to a participant motivational and
28-1 job readiness training by placing the participant in a job for a
28-2 period of several months;
28-3 (C) ensures that the participant is visited at
28-4 work and receives counseling and help in resolving any work-related
28-5 or personal problems; and
28-6 (D) receives funding on the basis of
28-7 participants who are successfully hired for employment;
28-8 (4) a community work experience program that provides
28-9 a participant job training and work experience through a temporary
28-10 job in the public sector;
28-11 (5) a subsidized employment program that provides to a
28-12 participant job training and work experience through a job in the
28-13 private sector that pays the participant a subsidized salary; and
28-14 (6) a self-employment assistance program that provides
28-15 to a participant entrepreneurial training, business counseling, and
28-16 technical and financial assistance so that the participant can
28-17 establish a business and become self-employed.
28-18 (b) The department shall develop the programs prescribed by
28-19 this section in accordance with federal law in lieu of any existing
28-20 employment program under the job opportunities and basic skills
28-21 (JOBS) training program under Part F, Subchapter IV, Social
28-22 Security Act (42 U.S.C. Section 682).
28-23 (c) In adopting rules governing a program prescribed by this
28-24 section, the department shall:
28-25 (1) establish the criteria for determining which
28-26 recipients who are eligible to participate in the JOBS training
28-27 program may be required to participate in a particular program;
29-1 (2) ensure that a recipient who is incapable of
29-2 participating in a particular program is not required to
29-3 participate in that program; and
29-4 (3) provide technical assistance to local workforce
29-5 development boards.
29-6 (d) A local workforce development board may implement in a
29-7 workforce development area one or more programs prescribed by this
29-8 section.
29-9 (e) The department shall submit a waiver application or a
29-10 renewal waiver application that a federal agency may require before
29-11 a local workforce development board can implement one or more of
29-12 the programs prescribed by this section in a workforce development
29-13 area.
29-14 (f) In this section, "local workforce development board"
29-15 means a local workforce development board created under Section
29-16 4.01, Workforce and Economic Competitiveness Act (Article 5190.7a,
29-17 Vernon's Texas Civil Statutes).
29-18 Sec. 31.0127. TRAINING GRANTS. (a) The state agency
29-19 charged with administering the JOBS program may by rule develop a
29-20 program to provide training grants to employers hiring AFDC
29-21 recipients.
29-22 (b) Funding for the program described above shall be
29-23 provided for by:
29-24 (1) federal job training funds;
29-25 (2) available JOBS program money; and
29-26 (3) available funds, if any, in the State Unemployment
29-27 Trust Fund, targeted for training programs, as allowed for by
30-1 federal law.
30-2 (c) It is the intent of this subsection that the grant will
30-3 provide up to 50 percent of a business's training costs.
30-4 SECTION 4.04. DEMONSTRATION PROJECTS; FUND. Article 4,
30-5 Workforce and Economic Competitiveness Act (Article 5190.7a,
30-6 Vernon's Texas Civil Statutes), is amended by adding Sections
30-7 4.055-4.057 to read as follows:
30-8 Sec. 4.055. DEMONSTRATION PROJECTS. (a) In this section
30-9 and Section 4.056:
30-10 (1) "Board" means a local workforce development board.
30-11 (2) "Workforce development agency" means the state
30-12 agency charged with primary responsibility for the implementation
30-13 and consolidation of labor, employment, and job training programs
30-14 in this state.
30-15 (b) In addition to the functions performed under Section
30-16 4.04 of this Act and the local plan required under Section 4.05 of
30-17 this Act, each board may establish and operate localized programs
30-18 to expand education, training, and employment in the workforce
30-19 development area administered by the board. The board may design
30-20 creative programs that fit the unique characteristics and needs of
30-21 its workforce development area.
30-22 (c) A board that designs a program under this section shall
30-23 submit a written proposal for approval of the program to the
30-24 workforce development agency. The workforce development agency
30-25 shall approve any program that clearly demonstrates the ability to:
30-26 (1) draw on and unite the resources of the local
30-27 community; and
31-1 (2) determine and meet the needs of the local service
31-2 populations, businesses, and industries.
31-3 (d) A board shall implement and administer a program
31-4 approved by the workforce development agency under this section as
31-5 a local demonstration project. The board shall report to the
31-6 workforce development agency on a quarterly basis regarding the
31-7 administration of the project and the effectiveness of the project
31-8 in serving the workforce development needs of the community.
31-9 (e) A board shall submit any proposed changes in the program
31-10 to the workforce development agency in writing. The workforce
31-11 development agency must approve the proposed changes before the
31-12 changes may be adopted and implemented by the board.
31-13 Sec. 4.056. CERTAIN PROGRAMS FOR AFDC RECIPIENTS. (a) In
31-14 addition to the programs established under Section 4.055 of this
31-15 Act, each local workforce development board shall adopt programs to
31-16 enhance the ability of recipients of financial assistance and
31-17 services under Chapter 31, Human Resources Code, who are eligible
31-18 to participate in the JOBS training program to obtain and retain
31-19 gainful employment. On request of a board, the workforce
31-20 development agency shall provide technical assistance to the board
31-21 in adopting programs under this section.
31-22 (b) In adopting programs under this section, the board shall
31-23 consider the programs established under Section 31.0126, Human
31-24 Resources Code. Within the parameters established by that section,
31-25 the board may adapt a program to serve more effectively the needs
31-26 of the recipients described by Subsection (a) who are residing in
31-27 the workforce development area.
32-1 (c) The workforce development agency must approve a program
32-2 adopted by the board under this section, including a program
32-3 established under Section 31.0126, Human Resources Code, before the
32-4 board can implement the program in the workforce development area.
32-5 (d) In this section, "JOBS training program" means the job
32-6 opportunities and basic skills (JOBS) training program under Part
32-7 F, Subchapter IV, Social Security Act (42 U.S.C. Section 682).
32-8 Sec. 4.057. REVOLVING FUND ACCOUNT. (a) A special
32-9 revolving fund account is established in the state treasury to be
32-10 known as the local workforce development board demonstration
32-11 project account. The account may be used only for:
32-12 (1) loans for the initial implementation costs of a
32-13 demonstration project approved under Section 4.055 of this Act; and
32-14 (2) small loans for new education, training, and
32-15 employment programs created by a local workforce development board
32-16 under a demonstration project.
32-17 (b) The account consists of:
32-18 (1) money the legislature appropriates to the account;
32-19 (2) donations made to the account;
32-20 (3) repayment of small loans made under the provisions
32-21 of a demonstration project;
32-22 (4) revenue received from state and federal education,
32-23 training, and job programs; and
32-24 (5) depository interest and investment income earned
32-25 on amounts in the account.
32-26 (c) Money drawn from the revolving fund account for the
32-27 operation of education, training, and job programs shall be paid
33-1 back to the account as permanent revenues from state and federal
33-2 education, training, and job programs become available.
33-3 (d) Sections 403.094 and 403.095, Government Code, do not
33-4 apply to the account.
33-5 SECTION 4.05. TEEN-JOBS PILOT PROGRAM. (a) Using funds
33-6 available from the job opportunities and basic skills training
33-7 program (JOBS) under Part F, Subchapter IV, Social Security Act (42
33-8 U.S.C. Section 682), the Central Education Agency, in conjunction
33-9 with the Texas Department of Human Services and the comptroller,
33-10 shall allow not fewer than four school districts or areas within
33-11 school districts to establish pilot programs designed to encourage
33-12 teenage parents to stay in school and advance toward independence.
33-13 (b) Services in the program may include the parenting
33-14 program services provided under Section 21.114, Education Code,
33-15 child care, transportation, tutorial services, guidance and
33-16 counseling services, career counseling, mentor programs, on-the-job
33-17 training based on the unique needs of participants and the local
33-18 labor market, and any other allowable relevant services.
33-19 (c) The agency shall report to the governor regarding the
33-20 effectiveness of this program. The agency shall notify members of
33-21 the legislature and the standing committees of the senate and house
33-22 of representatives having primary jurisdiction over the agency of
33-23 the filing of the report.
33-24 (d) This section expires January 1, 1999.
33-25 SECTION 4.06. WORK HISTORY AND 100-HOUR RULE WAIVER. Not
33-26 later than December 1, 1995, the Texas Department of Human Services
33-27 shall reapply for a federal waiver to eliminate the work history
34-1 and 100-hour rules for two-parent families and to enable the
34-2 department to fully implement Section 31.014, Human Resources Code.
34-3 SECTION 4.07. LEGISLATIVE WORK PROGRAMS OVERSIGHT. Section
34-4 330.006(a), Government Code, is amended to read as follows:
34-5 (a) The board shall periodically review the actions or
34-6 proposed actions of the Health and Human Services Commission for
34-7 the purpose of ensuring compliance with legislative intent. The
34-8 board may review the actions or proposed actions of other health
34-9 and human services agencies. The board shall review and coordinate
34-10 the implementation of programs under Sections 31.012, 31.0125, and
34-11 31.0126, Human Resources Code, and Sections 4.055 and 4.056,
34-12 Workforce and Economic Competitiveness Act (Article 5190.7a,
34-13 Vernon's Texas Civil Statutes). The board shall make
34-14 recommendations to the Texas Department of Human Services as to the
34-15 effectiveness and coordination of those programs. If a
34-16 recommendation is made by the board to the Health and Human
34-17 Services Commission, to a local workforce development board, or to
34-18 the Council on Workforce and Economic Development with respect to a
34-19 program under Section 31.012, 31.0125, or 31.0126, Human Resources
34-20 Code, or Section 4.055 or 4.056, Workforce and Economic
34-21 Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
34-22 Statutes), the board, commission, or council, as appropriate, shall
34-23 implement the recommendation or provide the board with a written
34-24 response to the recommendation within 30 days after the date the
34-25 recommendation is sent to the board, commission, or council.
34-26 ARTICLE 5. CHILD SUPPORT ENFORCEMENT
34-27 SECTION 5.01. PRIORITY GIVEN TO AFDC CHILD SUPPORT CASE;
35-1 SUPPORT FOR CHILDREN IN SUBSTITUTE CARE. Section 76.003, Human
35-2 Resources Code, is amended to read as follows:
35-3 Sec. 76.003. ASSIGNMENT OF RIGHT TO SUPPORT. (a) The filing
35-4 of an application for or the receipt of financial assistance under
35-5 Chapter 31 of this code constitutes an assignment to the Title IV-D
35-6 agency <attorney general> of any rights to support from any other
35-7 person that the applicant or recipient may have in his own behalf
35-8 or for a child for whom the applicant or recipient is claiming
35-9 assistance, including the right to the amount accrued at the time
35-10 the application is filed or the assistance is received. An
35-11 applicant's assignment under this section is valid only if the
35-12 Texas Department of Human Services approves the application. The
35-13 Title IV-D agency <attorney general> may distribute support
35-14 payments or parts of payments received by it to the family for whom
35-15 the payments are made or may use the payments to provide assistance
35-16 and services to and on behalf of needy dependent children.
35-17 (b) Child support payments for the benefit of a child whose
35-18 support rights have been assigned to the Title IV-D agency
35-19 <attorney general> under this section or under Section 76.004 shall
35-20 be made payable to and transmitted to the Title IV-D agency
35-21 <attorney general>. If a court has ordered support payments to be
35-22 made to an applicant for or recipient of financial assistance or to
35-23 a person other than such applicant or recipient, the Title IV-D
35-24 agency <attorney general> may file notice of the assignment with
35-25 the court ordering the payments. The notice must include:
35-26 (1) a statement that the child is an applicant for or
35-27 recipient of financial assistance, or a child other than a
36-1 recipient child for whom services are provided;
36-2 (2) the name of the child and the caretaker for whom
36-3 support has been ordered by the court;
36-4 (3) the style and cause number of the case in which
36-5 support was ordered; and
36-6 (4) a request that the payments ordered be made
36-7 payable and transmitted to the Title IV-D agency <attorney
36-8 general's office>.
36-9 (c) On receipt of the notice and without a requirement of a
36-10 hearing, the court shall order that the payments be made to the
36-11 Title IV-D agency <attorney general's office>.
36-12 (d) The Title IV-D agency <attorney general's office> shall
36-13 cooperate with the Texas Department of Human Services in
36-14 determining the distribution and use of child support payments
36-15 received under this section.
36-16 (e) The Title IV-D agency <attorney general> may file a
36-17 notice of termination of assignment which may include a request
36-18 that all or a portion of the payments be made payable to the Title
36-19 IV-D agency <attorney general> and to such other persons who are
36-20 entitled to receive such payments. On receipt of notice of
36-21 termination of assignment the court shall order that the payments
36-22 be directed as set forth in the notice.
36-23 (f) If an abstract of judgment or a child support lien on
36-24 support amounts assigned to the Title IV-D agency <attorney
36-25 general> under this chapter has previously been filed of record,
36-26 the Title IV-D agency <attorney general> shall file for
36-27 recordation, with the county clerk of each county in which such
37-1 abstract or lien has been filed, a certificate that an order of
37-2 assignment or a notice of termination of assignment has been
37-3 issued.
37-4 SECTION 5.02. CONFORMING AMENDMENT: SUBSTITUTE CARE.
37-5 Section 14.05, Family Code, is amended by adding Subsections (k)
37-6 and (l) to read as follows:
37-7 (k) The court may order a parent to make periodic payments
37-8 for the support of a child in a proceeding in which the Department
37-9 of Protective and Regulatory Services is named temporary managing
37-10 conservator. In a proceeding in which the Department of Protective
37-11 and Regulatory Services is named permanent managing conservator of
37-12 a child whose parents' rights have not been terminated, the court
37-13 shall order the parent to make periodic payments for the support of
37-14 the child.
37-15 (l) A court shall order that all child support payments for
37-16 a child who is otherwise eligible for financial assistance under
37-17 Chapter 31, Human Resources Code, and for whom the Department of
37-18 Protective and Regulatory Services is providing substitute care
37-19 shall be paid to the department through the state registry.
37-20 SECTION 5.03. CONFORMING AMENDMENT. Chapter 76, Human
37-21 Resources Code, is amended by designating Sections 76.001-76.011 as
37-22 Subchapter A, Chapter 76, Human Resources Code, and adding a
37-23 subchapter heading to read as follows:
37-24 SUBCHAPTER A. TITLE IV-D CHILD SUPPORT SERVICES
37-25 SECTION 5.04. INTERVENTION ASSISTANCE FOR UNEMPLOYED
37-26 NONCUSTODIAL PARENTS. Subchapter A, Chapter 76, Human Resources
37-27 Code, as designated by this Act, is amended by adding Section
38-1 76.012 to read as follows:
38-2 Sec. 76.012. UNEMPLOYED NONCUSTODIAL PARENTS. (a) The
38-3 Title IV-D agency shall refer to appropriate state and local
38-4 entities that assist unemployed noncustodial parents in gaining
38-5 employment any unemployed noncustodial parent who is in arrears in
38-6 court-ordered child support payments to a child who:
38-7 (1) receives financial assistance under Chapter 31; or
38-8 (2) is otherwise eligible to receive financial
38-9 assistance under Chapter 31 and for whom the Department of
38-10 Protective and Regulatory Services is providing substitute care.
38-11 (b) A referral under Subsection (a) may include:
38-12 (1) skills training and job placement through the:
38-13 (A) Texas Employment Commission;
38-14 (B) Texas Job Training Partnership Act, Chapter
38-15 301, Labor Code; or
38-16 (C) agency responsible for the food stamp
38-17 employment and training program (7 U.S.C. Section 2015(d));
38-18 (2) referrals to education and literacy classes; and
38-19 (3) counseling regarding:
38-20 (A) substance abuse;
38-21 (B) parenting skills;
38-22 (C) life skills; and
38-23 (D) mediation techniques.
38-24 (c) The Title IV-D agency may require an unemployed
38-25 noncustodial parent to complete the training, classes, or
38-26 counseling the parent is referred to under this section. The
38-27 agency shall suspend under Subchapter B the license of a parent who
39-1 fails to comply with the requirements of this subsection.
39-2 SECTION 5.05. SUSPENSION OF STATE-ISSUED LICENSES. Chapter
39-3 14, Family Code, is amended by adding Subchapter C to read as
39-4 follows:
39-5 SUBCHAPTER C. SUSPENSION OF LICENSE FOR FAILURE
39-6 TO PAY CHILD SUPPORT
39-7 Sec. 14.601. DEFINITIONS. In this subchapter:
39-8 (1) "Child support agency" means:
39-9 (A) the Title IV-D agency;
39-10 (B) a county or district attorney or other
39-11 county officer or agency that executes a cooperative agreement with
39-12 the Title IV-D agency to provide child support services under Part
39-13 D of Title IV of the federal Social Security Act (42 U.S.C.
39-14 Section 651 et seq.) and Chapter 76, Human Resources Code; or
39-15 (C) a domestic relations office.
39-16 (2) "License" means a license, certificate,
39-17 registration, permit, or other authorization, issued by a licensing
39-18 authority and subject to suspension, revocation, forfeiture, or
39-19 termination by the licensing authority prior to its date of
39-20 expiration, that a person must obtain to:
39-21 (A) practice or engage in a particular business,
39-22 occupation, or profession;
39-23 (B) operate a motor vehicle; or
39-24 (C) engage in any other regulated activity
39-25 including hunting, fishing, or other recreational activity for
39-26 which a license or permit is required.
39-27 (3) "Licensing authority" means a department,
40-1 commission, board, office, or other agency of the state or of a
40-2 municipality or a political subdivision of the state that issues a
40-3 license.
40-4 (4) "Order suspending license" means an order issued
40-5 by the Title IV-D agency or a court directing a licensing authority
40-6 to suspend a license.
40-7 (5) "Title IV-D agency" means the state agency
40-8 designated under Chapter 76, Human Resources Code, to provide
40-9 services under the federal Social Security Act (42 U.S.C. Section
40-10 651 et seq.).
40-11 (6) "Title IV-D case" means an action in which
40-12 services are being provided by the Title IV-D agency pursuant to
40-13 Title IV, Part D, of the federal Social Security Act (42 U.S.C.
40-14 Section 651 et seq.), seeking the location of an absent parent,
40-15 determination of parentage, or to establish, modify, or enforce a
40-16 child support obligation, filed in a court, administrative agency,
40-17 or quasi-judicial entity of this or another state.
40-18 Sec. 14.602. LICENSING AUTHORITIES SUBJECT TO SUBCHAPTER.
40-19 The following state agencies are licensing authorities subject to
40-20 this subchapter:
40-21 (1) Department of Agriculture;
40-22 (2) Texas Commission on Alcohol and Drug Abuse;
40-23 (3) Texas Alcoholic Beverage Commission;
40-24 (4) Texas Appraiser Licensing and Certification Board;
40-25 (5) Texas Board of Architectural Examiners;
40-26 (6) State Board of Barber Examiners;
40-27 (7) Texas Board of Chiropractic Examiners;
41-1 (8) Comptroller of Public Accounts;
41-2 (9) Texas Cosmetology Commission;
41-3 (10) Court Reporters Certification Board;
41-4 (11) State Board of Dental Examiners, if the 74th
41-5 Legislature, at its regular session, enacts legislation that
41-6 becomes law authorizing a state agency to regulate the practice of
41-7 dentistry;
41-8 (12) Texas State Board of Examiners of Dietitians;
41-9 (13) Texas Funeral Service Commission;
41-10 (14) Texas Department of Health;
41-11 (15) Texas Board of Professional Land Surveying;
41-12 (16) Texas Department of Licensing and Regulation;
41-13 (17) Texas State Board of Examiners of Marriage and
41-14 Family Therapists;
41-15 (18) Texas State Board of Medical Examiners;
41-16 (19) Midwifery Board;
41-17 (20) Texas Natural Resource Conservation Commission;
41-18 (21) Board of Nurse Examiners;
41-19 (22) Texas Board of Nursing Facility Administrators;
41-20 (23) Texas Board of Occupational Therapy Examiners;
41-21 (24) Texas Optometry Board;
41-22 (25) Parks and Wildlife Department;
41-23 (26) Texas State Board of Examiners of Perfusionists;
41-24 (27) Texas State Board of Pharmacy;
41-25 (28) Texas Board of Physical Therapy Examiners;
41-26 (29) Texas State Board of Plumbing Examiners;
41-27 (30) Texas State Board of Podiatry Examiners;
42-1 (31) Polygraph Examiners Board;
42-2 (32) Texas Board of Private Investigators and Private
42-3 Security Agencies;
42-4 (33) Texas State Board of Examiners of Professional
42-5 Counselors;
42-6 (34) State Board of Registration for Professional
42-7 Engineers;
42-8 (35) Department of Protective and Regulatory Services;
42-9 (36) Texas State Board of Examiners of Psychologists;
42-10 (37) Texas State Board of Public Accountancy;
42-11 (38) Department of Public Safety of the State of
42-12 Texas;
42-13 (39) Public Utility Commission of Texas;
42-14 (40) Railroad Commission of Texas;
42-15 (41) Texas Real Estate Commission;
42-16 (42) State Bar of Texas;
42-17 (43) Texas State Board of Social Worker Examiners;
42-18 (44) State Board of Examiners for Speech-Language
42-19 Pathology and Audiology;
42-20 (45) Texas Structural Pest Control Board;
42-21 (46) Board of Tax Professional Examiners;
42-22 (47) Secretary of State;
42-23 (48) Supreme Court;
42-24 (49) Texas Transportation Commission;
42-25 (50) State Board of Veterinary Medical Examiners;
42-26 (51) Board of Vocational Nurse Examiners; and
42-27 (52) Texas Ethics Commission.
43-1 Sec. 14.603. SUSPENSION OF LICENSE. A court or the Title
43-2 IV-D agency shall issue an order suspending license as provided by
43-3 this subchapter if an obligor:
43-4 (1) has an arrearage equal to or greater than the
43-5 total support due for 90 days under a support order;
43-6 (2) has been provided an opportunity to make payments
43-7 toward the child support arrearage under an agreed or court-ordered
43-8 repayment schedule; and
43-9 (3) has failed to comply with the repayment schedule.
43-10 Sec. 14.604. PETITION FOR SUSPENSION OF LICENSE. (a) A
43-11 child support agency or obligee may file a petition to suspend a
43-12 license.
43-13 (b) In a Title IV-D case, the petition must be filed with
43-14 the administrative law section of the Title IV-D agency.
43-15 (c) In a non-Title-IV-D case, the petition shall be filed in
43-16 the court of continuing jurisdiction or the court in which a child
43-17 support order has been registered under Chapter 21 (Uniform
43-18 Interstate Family Support Act).
43-19 (d) The proceedings in cases filed with the Title IV-D
43-20 agency are governed by the contested case provisions in Chapter
43-21 2001, Government Code, except that the provisions of
43-22 Section 2001.054, Government Code, shall not apply to the
43-23 proceedings, and the Title IV-D director is the state official
43-24 responsible for rendering a final decision under Section 2001.062,
43-25 Government Code.
43-26 Sec. 14.605. CONTENTS OF PETITION. (a) A petition under
43-27 this subchapter must state that license suspension is required
44-1 pursuant to Section 14.603 and must allege:
44-2 (1) the name and, if known, social security number of
44-3 the obligor;
44-4 (2) the type of license the obligor is believed to
44-5 hold and the name of the licensing authority; and
44-6 (3) the amount owed under the child support order, the
44-7 amount of support paid, and the amount of arrearages.
44-8 (b) A petition under this subchapter may include as an
44-9 attachment a copy of the record of child support payments
44-10 maintained by the Title IV-D registry or local registry.
44-11 Sec. 14.606. NOTICE. (a) On the filing of a petition under
44-12 Section 14.604, the court or Title IV-D agency shall issue to the
44-13 obligor:
44-14 (1) notice of the obligor's right to a hearing before
44-15 the court or agency;
44-16 (2) notice of the deadline for requesting a hearing;
44-17 and
44-18 (3) a hearing request form if the proceeding is in a
44-19 Title IV-D case.
44-20 (b) Notice under this section may be served as in civil
44-21 cases generally.
44-22 (c) The notice must state that an order suspending license
44-23 shall be rendered on the 60th day after the date of service of the
44-24 notice unless by that date:
44-25 (1) the court or Title IV-D agency receives proof that
44-26 all arrearages and the current month's child support obligation
44-27 have been paid;
45-1 (2) the child support agency or obligee files a
45-2 certification that the obligor is in compliance with a reasonable
45-3 repayment schedule; or
45-4 (3) the obligor appears at a hearing before the court
45-5 or Title IV-D agency and shows that the request for suspension
45-6 should be denied or stayed.
45-7 Sec. 14.607. HEARING ON PETITION TO SUSPEND LICENSE. (a) A
45-8 request for a hearing and motion to stay suspension must be filed
45-9 with the court or Title IV-D agency by the obligor not later than
45-10 the 20th day after the date of service of the notice under Section
45-11 14.606.
45-12 (b) If a request for a hearing is filed, the court or Title
45-13 IV-D agency shall:
45-14 (1) promptly schedule a hearing;
45-15 (2) notify each party of the date, time, and location
45-16 of the hearing; and
45-17 (3) stay suspension pending the hearing.
45-18 (c) A record of child support payments made by the Title
45-19 IV-D agency or a local registry is evidence of whether the payments
45-20 were made. A copy of the record appearing regular on its face
45-21 shall be admitted as evidence at a hearing under this subchapter,
45-22 including a hearing on a motion to revoke a stay. Either party may
45-23 offer controverting evidence.
45-24 Sec. 14.608. ORDER SUSPENDING LICENSE. (a) Upon making the
45-25 findings required by Section 14.603, the court or the Title IV-D
45-26 agency shall render an order suspending license unless the obligor
45-27 proves that all arrearages and the current month's support have
46-1 been paid.
46-2 (b) The court or Title IV-D agency may stay the order
46-3 suspending license, conditioned on the obligor's compliance with a
46-4 reasonable repayment schedule, the terms of which shall be
46-5 incorporated in the order. An order suspending license with a stay
46-6 of suspension may not be served on the licensing authority unless
46-7 the stay is revoked as provided in this subchapter.
46-8 (c) A final order suspending license rendered by a court or
46-9 the Title IV-D agency shall be forwarded to the appropriate
46-10 licensing authority.
46-11 (d) If the court or Title IV-D agency renders an order
46-12 suspending license, the obligor may also be ordered not to engage
46-13 in the licensed activity.
46-14 (e) If the court or Title IV-D agency finds that the
46-15 petition for suspension should be denied, the petition shall be
46-16 dismissed without prejudice, and an order suspending license may
46-17 not be rendered.
46-18 Sec. 14.609. DEFAULT ORDER. The court or Title IV-D agency
46-19 shall consider the allegations of the petition for suspension to be
46-20 admitted and shall render an order suspending license if the
46-21 obligor fails to:
46-22 (1) respond to a notice issued under Section 14.606;
46-23 (2) request a hearing; or
46-24 (3) appear at a hearing.
46-25 Sec. 14.610. REVIEW OF FINAL ADMINISTRATIVE ORDER. An order
46-26 issued by a Title IV-D agency under this subchapter is a final
46-27 agency decision and is subject to review under the substantial
47-1 evidence rule as provided by Chapter 2001, Government Code.
47-2 Sec. 14.611. ACTION BY LICENSING AUTHORITY. (a) On receipt
47-3 of a final order suspending license, the licensing authority shall
47-4 immediately determine if the authority has issued a license to the
47-5 obligor named on the order and, if a license has been issued:
47-6 (1) record the suspension of the license in the
47-7 licensing authority's records;
47-8 (2) report the suspension as appropriate; and
47-9 (3) demand surrender of the suspended license if
47-10 required by law for other cases in which a license is suspended.
47-11 (b) A licensing authority shall implement the terms of a
47-12 final order suspending license without additional review or
47-13 hearing. The authority may provide notice as appropriate to the
47-14 license holder or to others concerned with the license.
47-15 (c) A licensing authority may not modify, remand, reverse,
47-16 vacate, or stay an order suspending license issued under this
47-17 subchapter and may not review, vacate, or reconsider the terms of a
47-18 final order suspending license.
47-19 (d) An obligor who is the subject of a final order
47-20 suspending license is not entitled to a refund for any fee or
47-21 deposit paid to the licensing authority.
47-22 (e) An obligor who continues to engage in the business,
47-23 occupation, profession, or other licensed activity after the
47-24 implementation of the order suspending license by the licensing
47-25 authority is liable for the same civil and criminal penalties
47-26 provided for engaging in the licensed activity without a license or
47-27 while a license is suspended as any other licensee of the
48-1 particular licensing authority.
48-2 (f) A licensing authority is exempt from liability to a
48-3 license holder for any act authorized under this subchapter
48-4 performed by the authority.
48-5 (g) Except as provided by this subchapter, an order
48-6 suspending license or dismissing a petition for the suspension of a
48-7 license does not affect the power of a licensing authority to
48-8 grant, deny, suspend, revoke, terminate, or renew a license.
48-9 (h) The denial or suspension of a driver's license under
48-10 this subchapter is governed by this subchapter and not by the
48-11 general licensing provisions of Chapter 173, Acts of the 47th
48-12 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
48-13 Civil Statutes).
48-14 Sec. 14.612. MOTION TO REVOKE STAY. (a) The obligee,
48-15 support enforcement agency, court, or Title IV-D agency may file a
48-16 motion to revoke the stay of an order suspending license if the
48-17 obligor does not comply with the terms of a reasonable repayment
48-18 plan entered into by the obligor.
48-19 (b) Notice to the obligor of a motion to revoke stay under
48-20 this section may be given by personal service or by mail to the
48-21 address provided by the obligor, if any, in the order suspending
48-22 license. The notice must include a notice of hearing. The notice
48-23 must be provided to the obligor not less than 10 days before the
48-24 date of the hearing.
48-25 (c) A motion to revoke stay must allege the manner in which
48-26 the obligor failed to comply with the repayment plan.
48-27 (d) If the court or Title IV-D agency finds that the obligor
49-1 is not in compliance with the terms of the repayment plan, the
49-2 court or agency shall revoke the stay of the order suspending
49-3 license and render a final order suspending license.
49-4 Sec. 14.613. VACATING OR STAYING ORDER SUSPENDING LICENSE.
49-5 (a) The court or Title IV-D agency may render an order vacating or
49-6 staying an order suspending license if the obligor has paid all
49-7 delinquent child support or has established a satisfactory payment
49-8 record.
49-9 (b) The court or Title IV-D agency shall promptly deliver an
49-10 order vacating or staying an order suspending license to the
49-11 appropriate licensing authority.
49-12 (c) On receipt of an order vacating or staying an order
49-13 suspending license, the licensing authority shall properly issue
49-14 the affected license to the obligor if the obligor is otherwise
49-15 qualified for the license.
49-16 (d) An order rendered under this section does not affect the
49-17 right of the child support agency or obligee to any other remedy
49-18 provided by law, including the right to seek relief under this
49-19 subchapter. An order rendered under this section does not affect
49-20 the power of a licensing authority to grant, deny, suspend, revoke,
49-21 terminate, or renew a license as otherwise provided by law. Upon
49-22 reinstatement of the obligor's license one-half of the first
49-23 scheduled license fee shall be transferred to the attorney
49-24 general's office to recover the administrative costs incurred by
49-25 the department under this subchapter.
49-26 Sec. 14.614. FEE BY LICENSING AUTHORITY. A licensing
49-27 authority may charge a fee to an obligor who is the subject of an
50-1 order suspending license in an amount sufficient to recover the
50-2 administrative costs incurred by the authority under this
50-3 subchapter.
50-4 Sec. 14.615. COOPERATION BETWEEN LICENSING AUTHORITIES AND
50-5 TITLE IV-D AGENCY. (a) The Title IV-D agency may request from each
50-6 licensing authority the name, address, social security number,
50-7 license renewal date, and other identifying information for each
50-8 individual who holds, applies for, or renews a license issued by
50-9 the authority.
50-10 (b) A licensing authority shall provide the requested
50-11 information in the manner agreed to by the Title IV-D agency and
50-12 the licensing authority.
50-13 (c) The Title IV-D agency may enter into a cooperative
50-14 agreement with a licensing authority to administer this subchapter
50-15 in a cost-effective manner.
50-16 (d) The Title IV-D agency may adopt a reasonable
50-17 implementation schedule for the requirements of this section.
50-18 (e) The Title IV-D agency, the comptroller and the Texas
50-19 Alcoholic Beverage Commission shall by rule specify additional
50-20 prerequisites for the suspension of licenses relating to state
50-21 taxes collected under Title 2, Tax Code. Such joint rules shall be
50-22 promulgated not later than March 1, 1996.
50-23 Sec. 14.616. RULES, FORMS, AND PROCEDURES. The Title IV-D
50-24 agency by rule shall prescribe forms and procedures for the
50-25 implementation of this subchapter.
50-26 SECTION 5.06. DISQUALIFICATION FOR PUBLIC OFFICE. Chapter
50-27 601, Government Code, is amended by adding Section 601.009 to read
51-1 as follows:
51-2 Sec. 601.009. DISQUALIFICATION FOR PUBLIC OFFICE. No person
51-3 may be elected or appointed to a state or local office if such
51-4 person has a child support arrearage equal to or greater than the
51-5 total support due for 90 days under a support order.
51-6 SECTION 5.07. STATEMENT REGARDING PAYMENT OF CHILD SUPPORT.
51-7 Subchapter A, Chapter 1, Family Code, is amended by adding Section
51-8 1.045 to read as follows:
51-9 Sec. 1.045. STATEMENT REGARDING PAYMENT OF CHILD SUPPORT.
51-10 (a) An applicant for a marriage license shall submit to the county
51-11 clerk a statement witnessed by two credible persons and verified
51-12 before a person authorized to take oaths stating that as of the
51-13 date the application for a marriage license is filed the applicant
51-14 does not owe delinquent court-ordered child support.
51-15 (b) A child support payment is considered delinquent for
51-16 purposes of Subsection (a) if the child support obligee under a
51-17 child support order that applies to the applicant is entitled to
51-18 seek enforcement of an arrearage under Subchapter B, Chapter 14.
51-19 (c) A person commits an offense if, with intent to deceive
51-20 and with knowledge of the statement's meaning, the person submits a
51-21 false statement under this section.
51-22 (d) An offense under this section is a state jail felony.
51-23 SECTION 5.08. ISSUANCE OF MARRIAGE LICENSE. Section
51-24 1.07(a), Family Code, is amended to read as follows:
51-25 (a) Except as provided by Subsection (b) of this section,
51-26 the county clerk may not issue a license to the applicants if:
51-27 (1) either applicant fails to provide information as
52-1 required by Sections 1.02, 1.045, and 1.05 of the code;
52-2 (2) either applicant fails to submit proof of age and
52-3 identity;
52-4 (3) either applicant is under 14 years of age and has
52-5 not received a court order under Section 1.53 of this code;
52-6 (4) either applicant is 14 years of age or older but
52-7 under 18 years of age and has received neither parental consent nor
52-8 a court order under Section 1.53 of this code;
52-9 (5) either applicant checks "false" in response to a
52-10 statement in the application, except as provided in Subsection (b)
52-11 of this section, or fails to make a required declaration in an
52-12 affidavit required of an absent applicant; or
52-13 (6) either applicant indicates that he or she has been
52-14 divorced by a decree of a court of this state within the last 30
52-15 days, unless:
52-16 (A) the applicants were divorced from each
52-17 other; or
52-18 (B) the prohibition against remarriage was
52-19 waived under Section 3.66 of this code.
52-20 ARTICLE 6. FINANCIAL ASSISTANCE RECIPIENTS
52-21 AND OTHERS WHO ARE
52-22 ELIGIBLE FOR FEDERAL PROGRAMS
52-23 SECTION 6.01. AFDC RECIPIENTS ELIGIBLE FOR FEDERAL PROGRAMS.
52-24 (a) Article 4413(502), Revised Statutes, is amended by adding
52-25 Section 22 to read as follows:
52-26 Sec. 22. AFDC RECIPIENTS ELIGIBLE FOR FEDERAL PROGRAMS. (a)
52-27 The commission shall assist recipients of financial assistance
53-1 under Chapter 31, Human Resources Code, who are eligible for
53-2 assistance under federal programs to apply for benefits under those
53-3 federal programs. The commission may delegate this responsibility
53-4 to one of the health and human services agencies listed under
53-5 Section 19, contract with a unit of local government, or use any
53-6 other cost-effective method to assist financial assistance
53-7 recipients who are eligible for federal programs.
53-8 (b) The commission shall organize a planning group involving
53-9 the Texas Department of Human Services, the Central Education
53-10 Agency, and the Texas Rehabilitation Commission to:
53-11 (1) improve workload coordination between those
53-12 agencies as necessary to administer this section; and
53-13 (2) provide information and help train employees to
53-14 correctly screen applicants under this section as requested by the
53-15 commission.
53-16 (b) Not later than January 15, 1997, the planning group
53-17 required by Section 22, Article 4413(502), Revised Statutes, as
53-18 added by this section, shall submit to the governor a report on the
53-19 progress the state has made in transferring recipients of state
53-20 financial assistance to federal programs. The commission shall
53-21 notify members of the legislature and the standing committees of
53-22 the senate and house of representatives having primary jurisdiction
53-23 over the commission of the filing of the report.
53-24 SECTION 6.02. EMPLOYMENT OPPORTUNITIES FOR PERSONS WITH
53-25 DISABILITIES. (a) Chapter 121, Human Resources Code, is amended
53-26 by adding Sections 121.0014 and 121.0015 to read as follows:
53-27 Sec. 121.0014. VISION STATEMENT. (a) The Health and Human
54-1 Services Commission, each health and human services agency, and
54-2 each state agency that administers a workforce development program
54-3 shall adopt the following statement of vision:
54-4 The State of Texas shall ensure that all Texans with
54-5 disabilities have the opportunity and support necessary
54-6 to work in individualized, competitive employment in
54-7 the community and to have choices about their work and
54-8 careers.
54-9 (b) In this section, "health and human services agency"
54-10 means an agency listed by Section 19, Article 4413(502), Revised
54-11 Statutes.
54-12 Sec. 121.0015. INTERAGENCY WORK GROUP. (a) An interagency
54-13 work group is created to implement the action plan adopted at the
54-14 1994 Supported Employment Summit.
54-15 (b) The work group is composed of a representative of the:
54-16 (1) Central Education Agency, appointed by the
54-17 commissioner of education;
54-18 (2) Texas Commission for the Blind, appointed by the
54-19 commissioner of that agency;
54-20 (3) Texas Department of Mental Health and Mental
54-21 Retardation, appointed by the commissioner of mental health and
54-22 mental retardation; and
54-23 (4) Texas Rehabilitation Commission, appointed by the
54-24 commissioner of that agency.
54-25 (c) A member of the work group serves at the will of the
54-26 appointing agency.
54-27 (d) The work group shall elect a presiding officer and any
55-1 other necessary officers.
55-2 (e) The work group shall meet at the call of the presiding
55-3 officer.
55-4 (f) The appointing agency is responsible for the expenses of
55-5 a member's service on the work group. A member of the work group
55-6 receives no additional compensation for serving on the work group.
55-7 (g) The comptroller shall monitor the work group and the
55-8 implementation of the action plan.
55-9 (b) Not later than November 15, 1996, the comptroller shall
55-10 submit to the governor a report describing the progress made toward
55-11 implementing the action plan adopted at the 1994 Supported
55-12 Employment Summit. The comptroller shall notify members of the
55-13 legislature and the standing committees of the senate and house of
55-14 representatives having primary jurisdiction over the comptroller of
55-15 the filing of the report.
55-16 SECTION 6.03. WORK INCENTIVES. Subchapter B, Chapter 111,
55-17 Human Resources Code, is amended by adding Section 111.0205 to read
55-18 as follows:
55-19 Sec. 111.0205. WORK INCENTIVES AND SUPPLEMENTAL SECURITY
55-20 INCOME (SSI). The commission shall employ a person at the
55-21 commission's central office to:
55-22 (1) train counselors to understand and use work
55-23 incentives; and
55-24 (2) review cases to ensure that commission clients are
55-25 informed of the availability of and assisted in obtaining work
55-26 incentives and Supplemental Security Income (SSI) (42 U.S.C.
55-27 Section 1381 et seq.).
56-1 SECTION 6.04. EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH
56-2 MENTAL ILLNESS AND MENTAL RETARDATION. Section 533.008, Health and
56-3 Safety Code, is amended by amending the heading and Subsection (a)
56-4 and adding Subsection (e) to read as follows:
56-5 Sec. 533.008. EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH
56-6 MENTAL ILLNESS AND MENTAL RETARDATION <PATIENTS AND CLIENTS>. (a)
56-7 Each department facility and community center shall annually assess
56-8 the feasibility of converting entry level support positions into
56-9 employment opportunities for individuals <patients> with mental
56-10 illness and <clients with> mental retardation in the facility's or
56-11 center's service area.
56-12 (e) Each department facility and community center shall
56-13 ensure that designated staff are trained to:
56-14 (1) assist clients through the Social Security
56-15 Administration disability determination process;
56-16 (2) provide clients and their families information
56-17 related to the Social Security Administration Work Incentive
56-18 Provisions; and
56-19 (3) assist clients in accessing and utilizing the
56-20 Social Security Administration Work Incentive Provisions to finance
56-21 training, services, and supports needed to obtain career goals.
56-22 SECTION 6.05. DONATED PURCHASE AGREEMENTS. Chapter 22,
56-23 Human Resources Code, is amended by adding Section 22.028 to read
56-24 as follows:
56-25 Sec. 22.028. AGREEMENTS FOR PURCHASE OF SERVICES FOR
56-26 CHILDREN. (a) To ensure the maximum use of available federal
56-27 matching funds for child care services, the Department of Human
57-1 Services shall enter into agreements with the appropriate local
57-2 community organizations to receive donations to be used for the
57-3 purchase of services for which matching federal funds are
57-4 available.
57-5 (b) The Department of Human Services shall cooperate with
57-6 each local community organization to develop guidelines for the use
57-7 of that community's donation to provide the services described in
57-8 Subsection (a) of this section.
57-9 SECTION 6.06. COMPETITIVE EMPLOYMENT. (a) Section
57-10 21.510(e), Education Code, is amended to read as follows:
57-11 (e) Each school district shall develop and annually review
57-12 an individual transition plan (ITP) for each student enrolled in a
57-13 special education program who is at least 16 years of age. The ITP
57-14 shall include a goal of competitive employment. The ITP shall be
57-15 developed in a separate document from the individualized education
57-16 program (IEP) and shall not be considered a part of the IEP. The
57-17 school district shall coordinate development of the ITP with any
57-18 participating agency as provided in the memorandum of understanding
57-19 in order to provide continuity and coordination of services among
57-20 the various agencies and between the ITP and IEP. The district
57-21 shall request the participation in the development of the ITP of
57-22 any participating agency recommended by school personnel or
57-23 requested by the student or the student's parent. The district
57-24 shall invite the student and the student's parents or guardians to
57-25 participate in the development of the ITP. Only those components
57-26 of the ITP which are the responsibility of the district shall be
57-27 incorporated into the student's IEP. Only the failure to implement
58-1 those components of a student's ITP which are included in the IEP
58-2 and are the responsibility of the school district shall be subject
58-3 to the due process procedures of the Education of the Handicapped
58-4 Act, Public Law 94-142 (20 U.S.C. Section 1400 et seq.) or to
58-5 Central Education Agency complaint procedures. The failure of the
58-6 district to develop and annually review an ITP for a student shall
58-7 be subject only to the Central Education Agency complaint
58-8 procedures and not to the due process procedures of the Education
58-9 of the Handicapped Act, Public Law 94-142 (20 U.S.C. Section 1400
58-10 et seq.). A monitoring visit under Section 21.509 of this code
58-11 shall include a review of the transition planning requirements
58-12 under this section. A school district is not liable for the
58-13 failure of another agency to implement those components of the ITP
58-14 that are designated as the responsibility of that agency under the
58-15 memorandum of understanding.
58-16 (b) Section 21.510(e), Education Code, as amended by this
58-17 section, applies to an individual transition plan developed for
58-18 each school year beginning with the 1995-1996 school year.
58-19 (c) The Central Education Agency shall study the possible
58-20 effects of amending Section 21.510, Education Code, to require the
58-21 development of an individual transition plan for each child who is
58-22 at least 14 years of age. Not later than November 15, 1996, the
58-23 agency shall submit to the governor and the legislature a report on
58-24 the effects of changing the age requirement.
58-25 SECTION 6.07. FEDERAL FUNDING: MENTAL HEALTH SERVICES.
58-26 Subchapter B, Chapter 533, Health and Safety Code, is amended by
58-27 adding Section 533.046 to read as follows:
59-1 Sec. 533.046. FEDERAL FUNDING FOR MENTAL HEALTH SERVICES FOR
59-2 CHILDREN AND FAMILIES. (a) The department shall enter into an
59-3 interagency agreement with the Texas Department of Human Services
59-4 to:
59-5 (1) amend the eligibility requirements of the state's
59-6 emergency assistance plan under Title IV-A, Social Security Act (42
59-7 U.S.C. Section 601 et seq.), to include mental health emergencies;
59-8 and
59-9 (2) prescribe the procedures the agencies will use to
59-10 delegate to the department and to local mental health and mental
59-11 retardation authorities the administration of mental health
59-12 emergency assistance.
59-13 (b) The interagency agreement must provide that:
59-14 (1) the department certify to the Texas Department of
59-15 Human Services the nonfederal expenditures for which the state will
59-16 claim federal matching funds; and
59-17 (2) the Texas Department of Human Services retain
59-18 responsibility for making final eligibility decisions.
59-19 (c) The department shall allocate to local mental health and
59-20 mental retardation authorities 66 percent of the federal funds
59-21 received under this section.
59-22 SECTION 6.08. FEDERAL FUNDING: CHEMICAL DEPENDENCY
59-23 SERVICES. (a) Article 4413(502), Revised Statutes, is amended by
59-24 adding Section 10A to read as follows:
59-25 Sec. 10A. FEDERAL FUNDING FOR CHEMICAL DEPENDENCY SERVICES.
59-26 The commission shall coordinate with the Texas Commission on
59-27 Alcohol and Drug Abuse and the Texas Department of Human Services
60-1 to amend the eligibility requirements of the state's emergency
60-2 assistance plan under Title IV-A, Social Security Act (42 U.S.C.
60-3 Section 601 et seq.), to include either a child, a parent, or a
60-4 member of the child's family as defined in Section 71.01(b)(3),
60-5 Family Code, who needs chemical dependency treatment.
60-6 (b) The Texas Department on Alcohol and Drug Abuse shall
60-7 continue to study the feasibility of amending the state's Medicaid
60-8 plan to include chemical dependency treatment as an allowable
60-9 service.
60-10 SECTION 6.09. FEDERAL FUNDS; SUBSTITUTE CARE. (a) Article
60-11 4413(503), Revised Statutes, is amended by adding Section 12A to
60-12 read as follows:
60-13 Sec. 12A. FEDERAL FUNDING FOR CERTAIN CHILDREN. (a) For
60-14 purposes of Medicaid eligibility only, the department shall
60-15 classify as a "child in substitute care" each child who is in the
60-16 conservatorship of the state and placed in the home of a relative.
60-17 A child classified as a "child in substitute care" under this
60-18 subsection is not automatically eligible to receive foster care
60-19 payments because of that classification.
60-20 (b) The department shall ensure that each time study used to
60-21 allocate costs identifies all costs incurred on behalf of a child
60-22 if the child's case plan clearly indicates that substitute care is
60-23 the planned arrangement for that child.
60-24 (c) The department shall claim federal financial
60-25 participation under Title IV-E, Social Security Act (42 U.S.C.
60-26 Section 670 et seq.), for all nonrecurring adoption expenses at the
60-27 highest rate authorized by federal law. The department shall
61-1 include all charges from state attorneys and state courts and any
61-2 applicable overhead. The department may claim the expenses as
61-3 either administrative or training expenses, depending on which
61-4 classification results in a higher federal match.
61-5 (b) The Department of Protective and Regulatory Services
61-6 shall file an adjustment to its previous quarterly claims under
61-7 Title IV-E, Social Security Act (42 U.S.C. Section 670 et seq.), to
61-8 claim retroactive federal financial participation for the
61-9 incremental difference for each quarter in which nonrecurring
61-10 adoption expenses have been identified as a legitimate expense.
61-11 (c) The department shall request a waiver from the federal
61-12 two-year limitation on the period in which the state can file
61-13 certain claims in accordance with Section 1132(b), Social Security
61-14 Act (42 U.S.C. Section 1320b-2(b)). If the waiver is denied, the
61-15 department shall exhaust all administrative remedies and, if
61-16 necessary, seek judicial review to obtain a court order reducing
61-17 the claim to judgment and mandating retroactive payment.
61-18 SECTION 6.10. FEDERAL TAX CREDIT. Subchapter B, Chapter
61-19 403, Government Code, is amended by adding Section 403.024 to read
61-20 as follows:
61-21 Sec. 403.024. FEDERAL EARNED INCOME TAX CREDIT. (a) The
61-22 comptroller's office is the lead state agency in promoting
61-23 awareness of the federal earned income tax credit program for
61-24 working families.
61-25 (b) The comptroller shall recruit other state agencies and
61-26 the governor's office to participate in a coordinated campaign to
61-27 increase awareness of the federal tax program.
62-1 ARTICLE 7. ADULT EDUCATION; PILOT PROGRAMS FOR ASSISTANCE
62-2 SECTION 7.01. ADULT LEARNING LABS FOR AFDC CLIENTS.
62-3 Subchapter A, Chapter 11, Education Code, is amended by adding
62-4 Section 11.2093 to read as follows:
62-5 Sec. 11.2093. EDUCATE TEXAS PROGRAM. (a) The Educate Texas
62-6 Program is created to provide adult education services to clients
62-7 of Aid to Families with Dependent Children who are referred to the
62-8 program under Section 31.0124, Human Resources Code.
62-9 (b) The Central Education Agency, the Texas Higher Education
62-10 Coordinating Board, and the state agency charged with primary
62-11 responsibility for job training, employment, and workforce
62-12 development shall jointly develop a system of adult education
62-13 learning laboratories in public schools, community colleges, and
62-14 other publicly owned facilities under this program to provide the
62-15 following emergency services, as needed, to a person eligible to
62-16 receive Aid to Families with Dependent Children:
62-17 (1) development of literacy in English and proficiency
62-18 in oral and written language skills;
62-19 (2) preparation for a high school equivalency
62-20 examination;
62-21 (3) employment readiness training in such areas as
62-22 work ethics and interview skills; and
62-23 (4) on-site child-care services as necessary to allow
62-24 a person to participate in the training and education services
62-25 under this subsection.
62-26 SECTION 7.02. ELIGIBILITY FOR ADULT LEARNING LABS.
62-27 Subchapter A, Chapter 31, Human Resources Code, is amended by
63-1 adding Section 31.0124 to read as follows:
63-2 Sec. 31.0124. REFERRAL TO EDUCATIONAL PROGRAMS. The
63-3 department shall determine whether a person who registers to
63-4 participate in the job opportunities and basic skills training
63-5 program needs and is eligible for adult education services provided
63-6 under Section 11.2093, Education Code. If the person is eligible
63-7 for the adult education services, the department shall determine
63-8 the person's needs and goals and refer the person to the
63-9 appropriate adult education service provided under Section 11.2093,
63-10 Education Code.
63-11 SECTION 7.03. EDUCATION PROGRAMS FOR AFDC CLIENTS. The
63-12 education programs created under Section 11.2093, Education Code,
63-13 shall be implemented in lieu of any existing education program
63-14 currently designed to serve AFDC recipients.
63-15 SECTION 7.04. ADULT LITERACY AND LEARNING PROGRAMS. Chapter
63-16 88, Education Code, is amended by adding Subchapter G to read as
63-17 follows:
63-18 SUBCHAPTER G. TEXAS CENTER FOR
63-19 ADULT LITERACY AND LEARNING
63-20 Sec. 88.541. DUTIES OF TEXAS CENTER FOR ADULT LITERACY AND
63-21 LEARNING. (a) The Texas Center for Adult Literacy and Learning
63-22 shall evaluate instructional videotapes or similar recorded
63-23 materials generally available for use in providing adult literacy
63-24 instruction and from time to time shall publish a guide describing
63-25 and evaluating those videotapes and materials. The center shall
63-26 encourage cable companies and other appropriate entities to use the
63-27 guide in selecting materials to use in broadcasting and may take
64-1 other action to promote the broadcast or dissemination of workbooks
64-2 and other materials the center considers effective in teaching
64-3 adult literacy.
64-4 (b) The center shall develop voluntary standards for the
64-5 curriculum and workbooks and other materials used in adult literacy
64-6 programs, including programs for teaching English as a second
64-7 language. To develop the standards, the center shall organize an
64-8 advisory group and shall encourage the participation of major
64-9 providers of adult literacy programs in this state, including
64-10 private nonprofit organizations, institutions of education, and
64-11 correctional facilities. The Texas Department of Criminal Justice
64-12 shall designate an employee of the department to participate in the
64-13 initial development of the standards.
64-14 (c) In connection with the standards developed under
64-15 Subsection (b), the center shall develop workbooks and other
64-16 materials to be used by teachers and students in adult literacy
64-17 programs to track the progress of the student and to allow the
64-18 student to understand and maintain a record of the student's
64-19 progress and proficiency.
64-20 (d) The center shall develop and update as necessary
64-21 informational brochures, promotional posters, workbooks, or similar
64-22 materials suitable for distribution to state employees or the
64-23 general public describing the need for adult literacy and education
64-24 services in this state and encouraging qualified persons to support
64-25 or volunteer to assist programs that provide those services. As
64-26 the center determines is appropriate, the center may provide
64-27 samples of those workbooks and other materials to the governing
65-1 boards or chief executive officers of state agencies, including
65-2 institutions of higher education, and to other employers and
65-3 institutions in this state and shall encourage those entities to
65-4 distribute or make available the workbooks and other materials to
65-5 their employees.
65-6 SECTION 7.05. PILOT PROGRAM TO ASSIST AFDC CLIENTS IN
65-7 ACHIEVING SELF-SUFFICIENCY. (a) The Texas Department of Human
65-8 Services shall establish a pilot program to extend the period of
65-9 supported employment for families who receive financial assistance
65-10 under Chapter 31, Human Resources Code, to help those families
65-11 become self-sufficient. In establishing this program the
65-12 department may:
65-13 (1) use a form of fill-the-gap budgeting; or
65-14 (2) extend transitional benefits to 24 months.
65-15 (b) If the department chooses to extend transitional
65-16 benefits to 24 months, the department shall determine whether
65-17 purchasing medical coverage for participants through the state's
65-18 Texas Employees Uniform Group Insurance Program is more
65-19 cost-effective than Medicaid coverage.
65-20 (c) The department shall report to the governor regarding
65-21 the program's success in assisting families in becoming more
65-22 self-sufficient. The department shall notify members of the 75th
65-23 and 76th legislatures and the standing committees of the senate and
65-24 house of representatives having primary jurisdiction over the
65-25 department of the filing of the report.
65-26 (d) In this section, "fill-the-gap budgeting" means a system
65-27 of budgeting in which benefits are gradually lowered using a
66-1 percentage of the difference between the standard of need and the
66-2 countable income to calculate the grant benefit.
66-3 (e) This section expires September 1, 1999.
66-4 SECTION 7.06. PILOT PROGRAM: EMERGENCY ASSISTANCE FOR
66-5 NON-AFDC FAMILIES IN A CRISIS. (a) The Texas Department of Human
66-6 Services shall seek federal funding that would allow the department
66-7 to establish an emergency assistance pilot program to support
66-8 families who are not receiving financial assistance under Chapter
66-9 31, Human Resources Code, who are in a crisis, and who would
66-10 otherwise be eligible for financial assistance.
66-11 (b) The department shall establish the pilot program in a
66-12 high-employment area of the state or an area that uses the
66-13 electronic benefits transfer system.
66-14 (c) The department by rule shall develop guidelines to
66-15 administer the program, including:
66-16 (1) eligibility guidelines;
66-17 (2) guidelines specifying whether the assistance is a
66-18 one-time cash payment to a family, provided that the assistance may
66-19 not be provided more than twice in one year unless the department
66-20 has developed other appropriate limitations; and
66-21 (3) guidelines specifying whether an applicant who
66-22 receives the emergency assistance must agree to forgo applying for
66-23 financial assistance under Chapter 31, Human Resources Code, for
66-24 one year, or another appropriate limitation determined by the
66-25 department.
66-26 (d) The department shall report to the governor regarding
66-27 the program's success in helping families in a crisis avoid
67-1 becoming AFDC clients. The department shall notify members of the
67-2 75th and 76th legislatures and the standing committees of the
67-3 senate and house of representatives having primary jurisdiction
67-4 over the department of the filing of the report.
67-5 (e) This section expires September 1, 1999.
67-6 SECTION 7.07. PILOT PROGRAM: SAVINGS ACCOUNTS FOR AFDC
67-7 RECIPIENTS. (a) In conjunction with the state treasurer, the
67-8 Texas Department of Human Services shall establish a pilot program
67-9 to create individual development accounts for individuals who are
67-10 receiving financial assistance under Chapter 31, Human Resources
67-11 Code, to encourage recipients to achieve self-sufficiency.
67-12 (b) The department by rule may provide for:
67-13 (1) the number of financial assistance recipients who
67-14 may participate in the program; and
67-15 (2) the maximum amount that may be saved by a
67-16 participant.
67-17 (c) The department shall encourage private sector employers
67-18 to provide matching funds for employed recipients of financial
67-19 assistance who are participating in this program.
67-20 (d) The expenditures from an individual's development
67-21 account are limited to educational and medical expenses,
67-22 work-related expenditures, including a self-employment enterprise,
67-23 and housing or moving expenses for the individual and an immediate
67-24 family member.
67-25 (e) The department shall report to the governor regarding
67-26 the success of the program. The department shall notify members of
67-27 the 75th and 76th legislatures and the standing committees of the
68-1 senate and house of representatives having primary jurisdiction
68-2 over the department of the filing of the report.
68-3 (f) This section expires September 1, 1999.
68-4 ARTICLE 8. PRIVATIZATION; INTEGRATED ELIGIBILITY; FRAUD AND
68-5 ERROR PREVENTION; TASK FORCE
68-6 SECTION 8.01. PRIVATIZATION STUDY. (a) The State Council
68-7 on Competitive Government shall analyze the costs and benefits of
68-8 contracting with private entities to perform certain functions of
68-9 the Texas Department of Human Services' financial assistance
68-10 program under Chapter 31, Human Resources Code. The council shall
68-11 study the program's methods of:
68-12 (1) determining eligibility;
68-13 (2) assisting a financial aid recipient who is seeking
68-14 a job; and
68-15 (3) detecting fraud in the system.
68-16 (b) Other state agencies shall cooperate with the State
68-17 Council on Competitive Government as necessary to implement this
68-18 section.
68-19 (c) The State Council on Competitive Government shall
68-20 complete its study regarding privatization of some of the functions
68-21 of the Texas Department of Human Services not later than September
68-22 1, 1996. Not later than January 15, 1997, the council shall submit
68-23 to the governor a report on its findings. The council shall notify
68-24 members of the legislature and the standing committees of the
68-25 senate and house of representatives having primary jurisdiction
68-26 over the council of the filing of the report.
68-27 (d) This section expires February 1, 1997.
69-1 SECTION 8.02. INTEGRATED ELIGIBILITY DETERMINATION. (a)
69-2 Not later than September 1, 1996, the Health and Human Services
69-3 Commission shall have completed the development and substantial
69-4 implementation of a plan for an integrated eligibility
69-5 determination and service delivery system for health and human
69-6 services at the local and regional levels that does not reduce the
69-7 state's total receipt of federal funds. The plan shall specify the
69-8 dates by which all elements of the plan must be implemented.
69-9 (b) The integrated eligibility determination and service
69-10 delivery system shall be developed and implemented to achieve at
69-11 least a one percent savings in the cost of providing administrative
69-12 and other services and staff resulting from streamlining and
69-13 eliminating duplication of services. The commission shall use the
69-14 resulting savings to further develop the integrated system and to
69-15 provide other health and human services.
69-16 (c) The commission shall report savings resulting from
69-17 implementation of the plan to local, state, and federal agencies.
69-18 (d) In consultation and coordination with the State Council
69-19 on Competitive Government, the commission shall make and implement
69-20 recommendations on services or functions of the integrated
69-21 eligibility determination and service delivery system that could be
69-22 provided more effectively through the use of competitive bidding or
69-23 by contracting with local governments and other appropriate
69-24 entities. If the commission determines that private contracting
69-25 may be effective, the commission may automate the determination of
69-26 client eligibility by contracting with a private firm to conduct
69-27 application processing.
70-1 (e) Not later than October 1, 1996, the commission shall
70-2 develop a plan to consolidate administrative and service delivery
70-3 functions in addition to the integrated eligibility determination
70-4 and service delivery system in order to eliminate any remaining
70-5 duplication. Not later than January 15, 1997, the commission shall
70-6 submit a report of the plan to the governor. The commission shall
70-7 notify members of the 75th Legislature and the standing committees
70-8 of the senate and house of representatives having primary
70-9 jurisdiction over the commission of the filing of the report.
70-10 SECTION 8.03. STREAMLINING ELIGIBILITY DETERMINATION. (a)
70-11 The Health and Human Services Commission shall expand its existing
70-12 integrated eligibility pilot programs to include the Harris County
70-13 Hospital District and The University of Texas Medical Branch at
70-14 Galveston.
70-15 (b) A contract with the Harris County Hospital District or
70-16 The University of Texas Medical Branch at Galveston shall:
70-17 (1) specify performance-based measures to ensure error
70-18 rates are kept within acceptable federal limits; and
70-19 (2) authorize the district and medical branch to
70-20 procure software solutions to simplify processes.
70-21 (c) The Texas Department of Human Services shall establish
70-22 standards for other automated systems to allow other entities to
70-23 file information directly.
70-24 (d) The Health and Human Services Commission shall study the
70-25 feasibility of enabling contractors or agencies other than the
70-26 Texas Department of Human Services to provide or assist in the
70-27 provision of client eligibility studies, determinations, and
71-1 certifications. In determining feasibility, the commission shall
71-2 consider:
71-3 (1) error rates;
71-4 (2) the state's potential liability;
71-5 (3) expansion of the client population; and
71-6 (4) the federal single state agency restrictions.
71-7 SECTION 8.04. INTEGRATED SERVICE DELIVERY. (a) Not later
71-8 than September 1, 1997, the Health and Human Services Commission
71-9 shall develop, using existing state, local, and private resources,
71-10 an integrated approach to the health and human service delivery
71-11 system that includes a cost-effective one-stop or service center
71-12 method of delivery to a client. The commission shall determine the
71-13 feasibility of using hospitals, mental health and mental
71-14 retardation centers, health clinics, commercial locations in malls,
71-15 and other appropriate locations to achieve this integrated
71-16 approach.
71-17 (b) The health and human services agencies shall cooperate
71-18 with the commission in developing the integrated approach
71-19 prescribed by Subsection (a) of this section.
71-20 (c) This section expires September 1, 1997.
71-21 SECTION 8.05. REPORT. Article 4413(502), Revised Statutes,
71-22 is amended by adding Section 24 to read as follows:
71-23 Sec. 24. REPORT. (a) In a manner consistent with the rules
71-24 adopted under Subsection (c) of this section, the commission and
71-25 each health and human services agency shall prepare a report for
71-26 the governor, lieutenant governor, speaker of the house,
71-27 comptroller and Legislative Budget Board, and appropriate
72-1 legislative committees on that agency's efforts to streamline the
72-2 delivery of services. The report shall be developed semiannually
72-3 and delivered to the governor, lieutenant governor, speaker of the
72-4 house, comptroller, Legislative Budget Board, and the chair of the
72-5 legislative oversight committees for the agency.
72-6 (b) In a manner consistent with the rules adopted under
72-7 Subsection (c) of this section, each executive head of a health and
72-8 human services agency shall prepare a report for the governing body
72-9 of that agency on that agency's efforts to streamline and simplify
72-10 the delivery of services. The report required by this subsection
72-11 shall be made quarterly.
72-12 (c) The commissioner shall adopt rules relating to the
72-13 timing, contents, and method of delivery of the reports required by
72-14 Subsections (a) and (b) of this section. Each agency shall follow
72-15 the rules adopted by the commission regarding the reports required
72-16 by this section.
72-17 SECTION 8.05A. WORK PLAN. Section 14, Article 4413(502),
72-18 Revised Statutes, is amended by adding Subsection (d) to read as
72-19 follows:
72-20 (d) No later than October 1 of each year, the commissioner
72-21 shall submit to the governor, lieutenant governor, speaker of the
72-22 house, comptroller, and Legislative Budget Board a work plan
72-23 outlining the activities of the commission for that fiscal year.
72-24 The work plan shall prioritize activities based on available
72-25 resources.
72-26 SECTION 8.06. PUBLIC ASSISTANCE FRAUD OVERSIGHT TASK FORCE.
72-27 Chapter 21, Human Resources Code, is amended by adding Section
73-1 21.0145 to read as follows:
73-2 Sec. 21.0145. PUBLIC ASSISTANCE FRAUD OVERSIGHT TASK FORCE.
73-3 (a) The Public Assistance Fraud Oversight Task Force is created to
73-4 advise and assist the department and the department's office of the
73-5 inspector general in improving the efficiency of fraud
73-6 investigations and collections.
73-7 (b) The task force is composed of a representative of the:
73-8 (1) attorney general's office, appointed by the
73-9 attorney general;
73-10 (2) comptroller's office, appointed by the
73-11 comptroller;
73-12 (3) Department of Public Safety, appointed by the
73-13 public safety director;
73-14 (4) state auditor's office, appointed by the state
73-15 auditor; and
73-16 (5) Texas Department of Human Services, appointed by
73-17 the commissioner of human services.
73-18 (c) The comptroller or the comptroller's designee serves as
73-19 the presiding officer of the task force. The task force may elect
73-20 any other necessary officers.
73-21 (d) The task force shall meet at least once each fiscal
73-22 quarter at the call of the presiding officer.
73-23 (e) The appointing agency is responsible for the expenses of
73-24 a member's service on the task force. Members of the task force
73-25 receive no additional compensation for serving on the task force.
73-26 (f) At least once each fiscal quarter, the department's
73-27 office of the inspector general shall provide to the task force:
74-1 (1) information detailing:
74-2 (A) the number of fraud referrals made to the
74-3 office and the origin of each referral;
74-4 (B) the time spent investigating each case;
74-5 (C) the number of cases investigated each month,
74-6 by program and region;
74-7 (D) the dollar value of each fraud case that
74-8 results in a criminal conviction; and
74-9 (E) the number of cases the office rejects and
74-10 the reason for rejection, by region; and
74-11 (2) any additional information the task force
74-12 requires.
74-13 SECTION 8.07. FRAUD PREVENTION. (a) Chapter 22, Human
74-14 Resources Code, is amended by adding Section 22.027 to read as
74-15 follows:
74-16 Sec. 22.027. FRAUD PREVENTION. (a) The department's office
74-17 of the inspector general shall compile and disseminate accurate
74-18 information and statistics relating to:
74-19 (1) fraud prevention; and
74-20 (2) post-fraud referrals received and accepted or
74-21 rejected from the department's case management system and employee
74-22 referrals.
74-23 (b) The department shall:
74-24 (1) aggressively publicize successful fraud
74-25 prosecutions; and
74-26 (2) establish and promote a toll-free hot line for
74-27 reporting suspected fraud in programs administered by the
75-1 department.
75-2 (c) The department shall develop a cost-effective method of
75-3 identifying applicants for public assistance in counties bordering
75-4 other states and in metropolitan areas selected by the department
75-5 who are already receiving benefits in other states. If
75-6 economically feasible, the department may develop a computerized
75-7 matching system.
75-8 (d) The department shall:
75-9 (1) develop a cost-effective system of verifying
75-10 automobile information through the Texas Department of
75-11 Transportation's motor vehicle database for new applicants and
75-12 current recipients of food stamps and financial assistance under
75-13 Chapter 31; and
75-14 (2) establish a computerized matching system with the
75-15 Texas Department of Criminal Justice to prevent an incarcerated
75-16 individual from illegally receiving public assistance benefits
75-17 administered by the department.
75-18 (b) The Texas Department of Human Services shall:
75-19 (1) evaluate the costs and benefits of the five-day
75-20 time limit the department prescribes for the investigation of fraud
75-21 prevention referrals; and
75-22 (2) consider lowering the criteria for acceptance by
75-23 the department's office of the inspector general of post-fraud
75-24 referrals.
75-25 (c) If the department lowers the criteria for accepting
75-26 post-fraud referrals, the department shall require each department
75-27 office to apply that criteria.
76-1 SECTION 8.08. PREVENTING FRAUD THROUGH VEHICLE REGISTRATION.
76-2 Section 24, Certificate of Title Act (Article 6687-1, Vernon's
76-3 Texas Civil Statutes), is amended to read as follows:
76-4 Sec. 24. The term "Certificate of Title" means a written
76-5 instrument which may be issued solely by and under the authority of
76-6 the department, and which must give the following data together
76-7 with such other data as the department may require from time to
76-8 time:
76-9 (a) The name and address of the purchaser and seller
76-10 at first sale or transferee and transferor at any subsequent sale.
76-11 (b) If the owner is an individual, the owner must give
76-12 his social security number on those title applications originating
76-13 in counties where the department's automated registration and title
76-14 system has been implemented. The county or the department shall
76-15 enter the applicant's social security number in the department's
76-16 electronic database but shall not print the social security number
76-17 on the certificate of title.
76-18 (c) The make.
76-19 (d) <(c)> The body type.
76-20 (e) <(d)> The motor number.
76-21 At such time as the stamping of permanent
76-22 identification numbers on motor vehicles in a manner and place
76-23 easily accessible for physical examination is universally adopted
76-24 by motor vehicle manufacturers as the permanent vehicle
76-25 identification, the department is authorized to use such permanent
76-26 identification number as the major identification of motor vehicles
76-27 subsequently manufactured. The motor number will continue to be
77-1 the major identification of vehicles manufactured before such
77-2 change is adopted.
77-3 (f) <(e)> The serial number.
77-4 (g) <(f)> The license number of the current Texas
77-5 plates.
77-6 (h) <(g)> The names and addresses and dates of any
77-7 liens on the motor vehicle, in chronological order of recordation.
77-8 (i) <(h)> If no liens are registered on the motor
77-9 vehicle, a statement of such fact.
77-10 (j) <(i)> A space for the signature of the owner and
77-11 the owner shall write his name with pen and ink in such space upon
77-12 receipt of the certificate.
77-13 (k) <(j)> A statement indicating "rights of
77-14 survivorship" when an agreement providing that the motor vehicle is
77-15 to be held between a husband and his wife jointly with the interest
77-16 of either spouse who dies to survive to the surviving spouse is
77-17 surrendered with the application for certificate of title. This
77-18 agreement is valid only if signed by both husband and wife and, if
77-19 signed, the certificate shall be issued in the name of both.
77-20 (l) <(k)> If the motor vehicle is equipped with an
77-21 odometer, the number of miles the motor vehicle has travelled as
77-22 reflected by the application.
77-23 SECTION 8.09. PREVENTING FRAUD THROUGH VEHICLE REGISTRATION
77-24 DATABASE. Section 17A, Chapter 88, General Laws, Acts of the 41st
77-25 Legislature, 2nd Called Session, 1929 (Article 6675a-17A, Vernon's
77-26 Texas Civil Statutes), is amended by amending Subsection (b) and
77-27 adding Subsection (c) to read as follows:
78-1 (b) This section does not apply to the release of
78-2 information to:
78-3 (1) a peace officer, as that term is defined in
78-4 Article 2.12, Code of Criminal Procedure, if the officer is acting
78-5 in an official capacity; or
78-6 (2) an official of the state, a city, town, county,
78-7 special district, or other political subdivision of the state if
78-8 the official is requesting the information for tax purposes or for
78-9 the purpose of determining eligibility for a state public
78-10 assistance program.
78-11 (c) The Texas Department of Transportation shall provide a
78-12 dedicated line to its vehicle registration record database for use
78-13 by other state agencies. Access to records and transmission of
78-14 information under this subsection does not affect whether the
78-15 information is subject to disclosure under Chapter 552, Government
78-16 Code.
78-17 SECTION 8.10. ELECTRONIC IMAGING PROGRAM. (a) Subchapter
78-18 B, Chapter 31, Human Resources Code, is amended by adding Section
78-19 31.0325 to read as follows:
78-20 Sec. 31.0325. ELECTRONIC IMAGING PROGRAM. (a) In
78-21 conjunction with other appropriate agencies, the Texas Department
78-22 of Human Services by rule shall develop a program to prevent
78-23 welfare fraud by using a type of electronic fingerprint-imaging or
78-24 photo-imaging of adult and teen parent applicants for and adult and
78-25 teen parent recipients of financial assistance under this chapter.
78-26 (b) In adopting rules under this section, the department
78-27 shall ensure that any electronic imaging performed by the
79-1 department is strictly confidential and is used only to prevent
79-2 fraud by adult and teen parent recipients of assistance.
79-3 (c) The department shall:
79-4 (1) establish the program in conjunction with an
79-5 electronic benefits transfer program;
79-6 (2) use an imaging system; and
79-7 (3) provide for gradual implementation of this section
79-8 by selecting specific counties or areas of the state as test sites.
79-9 (d) Each fiscal quarter, the department shall submit to the
79-10 governor and the legislature a report on the status and progress of
79-11 the programs in the test sites selected under Subsection (c)(4).
79-12 (b) The Texas Department of Human Services shall establish
79-13 the initial electronic imaging program required by Section 31.0325,
79-14 Human Resources Code, as added by this section, not later than
79-15 January 1, 1996.
79-16 SECTION 8.11. ERROR-RATE REDUCTION. (a) Chapter 22, Human
79-17 Resources Code, is amended by adding Sections 22.025 and 22.026 to
79-18 read as follows:
79-19 Sec. 22.025. ERROR-RATE REDUCTION. (a) The department
79-20 shall:
79-21 (1) set progressive goals for improving the
79-22 department's error rates in the aid to families with dependent
79-23 children and food stamp programs; and
79-24 (2) develop a specific schedule to meet those goals.
79-25 (b) Each fiscal quarter, the department shall prepare a
79-26 report detailing the progress the department has made in reaching
79-27 its goals. The report must include an analysis by region of the
80-1 department's goals and performance relating to error-rate
80-2 reduction. The department shall send a copy of the report to the
80-3 governor's office, the legislative budget office, and any
80-4 appropriate interagency task force having oversight responsibility
80-5 over welfare fraud.
80-6 (c) As appropriate, the department shall include in its
80-7 employee evaluation process a rating system that emphasizes
80-8 error-rate reduction and workload.
80-9 (d) The department shall take appropriate disciplinary
80-10 action, including dismissal, against management and other staff if
80-11 a region has a higher than average error rate and that rate is not
80-12 reduced in a reasonable period.
80-13 Sec. 22.026. REDUCTION OF CLIENT FRAUD. The department
80-14 shall:
80-15 (1) ensure that errors attributed to client fraud are
80-16 appropriate; and
80-17 (2) take immediate and appropriate action to limit any
80-18 client fraud that occurs.
80-19 (b) Not later than November 1, 1995, the Texas Department of
80-20 Human Services shall develop a concentrated and effective plan for
80-21 the city of Houston region to reduce the department's error rates
80-22 in the aid to families with dependent children and food stamp
80-23 programs.
80-24 (c) The Texas Department of Human Services shall make the
80-25 first progress report required by Section 22.025, Human Resources
80-26 Code, as added by this section, not later than April 1, 1996.
80-27 SECTION 8.12. MODIFICATION OF SCREENING AND SERVICE DELIVERY
81-1 REQUIREMENTS. Section 33.002, Human Resources Code, is amended by
81-2 adding Subsection (g) to read as follows:
81-3 (g) The department may, within federal limits, modify the
81-4 one-day screening and service delivery requirements prescribed by
81-5 Subsection (e) if the department determines that the modification
81-6 is necessary to achieve a state error rate that is equal to or
81-7 below the national average error rate.
81-8 SECTION 8.13. TASK FORCE: ELECTRONIC BENEFITS TRANSFERS.
81-9 Article 4413(502), Revised Statutes, is amended by adding Section
81-10 10B to read as follows:
81-11 Sec. 10B. INTERAGENCY TASK FORCE ON ELECTRONIC BENEFITS
81-12 TRANSFERS. (a) An interagency task force is created to advise and
81-13 assist the commission in adding new benefit programs to the
81-14 statewide electronic benefits transfer (EBT) system.
81-15 (b) The task force is composed of:
81-16 (1) a representative of:
81-17 (A) the attorney general's office, appointed by
81-18 the attorney general;
81-19 (B) the comptroller's office, appointed by the
81-20 comptroller;
81-21 (C) the commission, appointed by the
81-22 commissioner;
81-23 (D) the Texas Department of Health, appointed by
81-24 the commissioner of public health;
81-25 (E) the Texas Department of Human Services,
81-26 appointed by the commissioner of human services;
81-27 (F) the Texas Employment Commission, appointed
82-1 by the presiding officer of that agency; and
82-2 (G) the Texas Rehabilitation Commission,
82-3 appointed by the commissioner of that agency; and
82-4 (2) two representatives of each of the following
82-5 groups, appointed by the comptroller:
82-6 (A) retailers who maintain EBT point-of-sale
82-7 equipment;
82-8 (B) banks or owners of automatic teller
82-9 machines; and
82-10 (C) consumer or client advocacy organizations.
82-11 (c) A member of the task force serves at the will of the
82-12 appointing agency.
82-13 (d) The representative of the comptroller's office serves as
82-14 presiding officer. The task force may elect any other necessary
82-15 officers.
82-16 (e) The task force shall meet at the call of the presiding
82-17 officer.
82-18 (f) The appointing agency is responsible for the expenses of
82-19 a member's service on the task force. A member of the task force
82-20 receives no additional compensation for serving on the task force.
82-21 (g) The task force shall:
82-22 (1) serve as the state counterpoint to the federal EBT
82-23 task force;
82-24 (2) identify benefit programs that merit addition to
82-25 the state's EBT system;
82-26 (3) identify and address problems that may occur if a
82-27 program is added;
83-1 (4) pursue state-federal partnerships to facilitate
83-2 the development and expansion of the state's EBT system;
83-3 (5) track and distribute federal legislation and
83-4 information from other states that relate to EBT systems;
83-5 (6) ensure efficiency and planning coordination in
83-6 relation to the state's EBT system;
83-7 (7) develop a plan utilizing the experience and
83-8 expertise of the Department of Public Safety of the State of Texas
83-9 for the use of a photograph or other imaging technology on all EBT
83-10 cards and, if proven to be effective in reducing fraud and misuse,
83-11 begin using the new cards starting with replacement cards for cards
83-12 currently used in the program; and
83-13 (8) review current and potential fraud problems with
83-14 EBT and propose methods to prevent or deter fraud.
83-15 (h) In determining which benefit programs can be added to
83-16 the state's EBT system, the task force shall consider, at a
83-17 minimum:
83-18 (1) the savings to the state;
83-19 (2) the ease of addition to existing infrastructure;
83-20 and
83-21 (3) the number of clients served.
83-22 ARTICLE 9. GENERAL PROVISIONS: HEALTH AND HUMAN
83-23 SERVICES AGENCIES
83-24 SECTION 9.01. WORKLOAD STANDARDS AND EDUCATION. (a) Not
83-25 later than February 1, 1996, the Health and Human Services
83-26 Commission shall develop workload standards and educational
83-27 requirements for the health and human services agency staff members
84-1 that manage client eligibility determination and certification.
84-2 The workload standards shall address caseload, training, and other
84-3 relevant factors and must be consistent with practices in the
84-4 private sector.
84-5 (b) The educational requirements for the clerical staff who
84-6 process applications under an automated system shall provide that a
84-7 high school diploma or high school equivalency certificate is
84-8 sufficient. The commission shall phase out more qualified and
84-9 higher-paid eligibility workers through worker attrition and
84-10 replacement at an annual rate of not less than 20 percent.
84-11 (c) The commission shall examine cost-effective methods,
84-12 including the use of more experienced caseworkers on a limited case
84-13 review basis, to address:
84-14 (1) fraud in the assistance programs; and
84-15 (2) the error rate in eligibility determination.
84-16 (d) This section expires September 1, 1997.
84-17 SECTION 9.02. COMMISSIONER OF HEALTH AND HUMAN
84-18 SERVICES: APPOINTMENT. Section 5, Article 4413(502), Revised
84-19 Statutes, is amended to read as follows:
84-20 Sec. 5. COMMISSIONER OF HEALTH AND HUMAN SERVICES:
84-21 APPOINTMENT. The commission is governed by a commissioner of
84-22 health and human services appointed by the governor with the advice
84-23 and consent of the senate. The commissioner serves at the pleasure
84-24 of the governor. <The commissioner serves a two year term expiring
84-25 February 1 of each odd numbered year.>
84-26 SECTION 9.03. APPROPRIATIONS, TRANSFERS, AND REPORTING. (a)
84-27 Article 4413(502), Revised Statutes, is amended by adding Section
85-1 13A to read as follows:
85-2 Sec. 13A. FEDERAL FUNDS. (a) Any operational or funding
85-3 plan or modification to that plan prepared by a health and human
85-4 services agency designated as the single state agency to administer
85-5 federal funds is subject to commission approval.
85-6 (b) The commission shall evaluate the feasibility of
85-7 designating the commission as the single state agency for federal
85-8 funds received for a health and human services purpose.
85-9 (c) For the purpose of promoting integrated, community-based
85-10 service delivery systems and to the extent permitted by federal
85-11 law, the commission may consolidate federal funds to be given to
85-12 local communities for the provision of health and human services.
85-13 (b) Article 4413(502), Revised Statutes, is amended by
85-14 adding Section 13B to read as follows:
85-15 Sec. 13B. APPROPRIATIONS AND REPORTING. In addition to the
85-16 provisions of the General Appropriations Act, each agency subject
85-17 to the provisions of this article shall:
85-18 (1) obtain commission approval of its annual operating
85-19 budget prior to adoption of its annual operating budget;
85-20 (2) obtain commission approval of the transfer of
85-21 funds in excess of $1 million between budget strategies prior to
85-22 the transfer of said funds;
85-23 (3) report to the commission, on a quarterly basis,
85-24 information regarding the agency's projected expenditures by budget
85-25 strategy, compared to the agency's operating budget approved by the
85-26 commission; and
85-27 (4) obtain commission approval for any adjustment to
86-1 the agency's operating budget.
86-2 (c) In consultation with the agencies subject to this
86-3 article, the commission shall adopt rules regarding the
86-4 implementation of Section 13B, Article 4413(502), Revised Statutes.
86-5 (d) The changes in law made by this section apply beginning
86-6 with plans prepared for the fiscal year beginning September 1,
86-7 1995.
86-8 SECTION 9.04. STRATEGIC PLANS AND UPDATES. Section 10(d),
86-9 Article 4413(502), Revised Statutes, is amended to read as follows:
86-10 (d) All health and human services agencies shall submit
86-11 strategic plans and biennial updates to the commission on a date to
86-12 be determined by commission rule. The strategic plans and biennial
86-13 updates are subject to commission modification and approval.
86-14 SECTION 9.05. LOCATION OF OFFICES. Section 3.08, Chapter
86-15 15, Acts of the 72nd Legislature, 1st Called Session, 1991 (Article
86-16 4413(505), Vernon's Texas Civil Statutes), is amended to read as
86-17 follows:
86-18 Sec. 3.08. LOCATION <CO-LOCATION> OF OFFICES AND FACILITIES.
86-19 (a) As leases on office space expire, the commission shall
86-20 determine the needs for space and the location of health and human
86-21 services agency offices to enable the commission to achieve a
86-22 cost-effective one-stop or service center method of health and
86-23 human service delivery. <The administrative heads of the health
86-24 and human service agencies shall review the agencies' current
86-25 office and facility arrangements and study the feasibility of
86-26 co-locating offices or facilities located in the same geographic
86-27 area and shall report back to the commission not later than
87-1 September 1, 1992.>
87-2 (b) <On receiving approval from the commission, the
87-3 administrative heads of two or more health and human service
87-4 agencies with offices or facilities located in the same geographic
87-5 region shall co-locate the offices or facilities if the results of
87-6 the study conducted under this section show that client access
87-7 would be enhanced, the cost of co-location is not greater than the
87-8 combined operating costs of the separate offices or facilities of
87-9 those agencies, and the co-location would improve the efficiency of
87-10 the delivery of services.>
87-11 <(c)> In this section, "health and human service agency
87-12 <agencies>" includes the:
87-13 (1) Interagency Council on Early Childhood
87-14 Intervention Services;
87-15 (2) Texas Department on Aging;
87-16 (3) Texas Commission on Alcohol and Drug Abuse;
87-17 (4) Texas Commission for the Blind;
87-18 (5) Texas Commission for the Deaf and Hearing
87-19 Impaired;
87-20 (6) Texas Department of Health;
87-21 (7) Texas Department of Human Services;
87-22 (8) Texas Juvenile Probation Commission;
87-23 (9) Texas Department of Mental Health and Mental
87-24 Retardation;
87-25 (10) Texas Rehabilitation Commission; and
87-26 (11) Department of Protective and Regulatory Services.
87-27 SECTION 9.06. LEASING OFFICE SPACE. Section 6.031(a),
88-1 Article 6, State Purchasing and General Services Act (Article 601b,
88-2 Vernon's Texas Civil Statutes), is amended to read as follows:
88-3 (a) Notwithstanding any other provision of this article, the
88-4 <The> commission may not lease office space to service the needs of
88-5 any <a single> health and human service agency unless the Health
88-6 and Human Services Commission has approved the office space for the
88-7 agency <agency can provide the commission with a reason for not
88-8 sharing the office space with one or more other health and human
88-9 service agencies>.
88-10 SECTION 9.07. AGENCY STAFF. Article 4413(502), Revised
88-11 Statutes, is amended by adding Section 23 to read as follows:
88-12 Sec. 23. USE OF AGENCY STAFF. To the extent requested by
88-13 the commission, a health and human services agency shall assign
88-14 existing staff to perform a function under this article.
88-15 SECTION 9.08. MAXIMIZING FEDERAL FUNDING. The state shall
88-16 make an effort to maximize funding for the health and human
88-17 services agencies in order to draw down federal money to which the
88-18 state could possibly be entitled to receive for child care,
88-19 employment, and other health and human services related programs.
88-20 SECTION 9.09. LEGISLATIVE APPROPRIATIONS REQUEST APPROVAL.
88-21 (a) Section 13, Article 4413(502), Revised Statutes, is amended by
88-22 adding Subsection (d) to read as follows:
88-23 (d) A health and human services agency may not submit to the
88-24 legislature or the governor its legislative appropriations request
88-25 until the legislative appropriations request is approved by the
88-26 commission.
88-27 (b) The changes in law made by this section apply to
89-1 legislative requests made on or after September 1, 1995.
89-2 SECTION 9.10. CASELOAD ESTIMATES. Article 4413(502),
89-3 Revised Statutes, is amended by adding Section 13C to read as
89-4 follows:
89-5 Sec. 13C. COORDINATION AND APPROVAL OF CASELOAD ESTIMATES.
89-6 (a) The commission shall coordinate and approve caseload estimates
89-7 made for programs administered by health and human services
89-8 agencies.
89-9 (b) To implement this section, the commission shall:
89-10 (1) adopt uniform guidelines to be used by health and
89-11 human services agencies in estimating their caseloads, with
89-12 allowances given for those agencies for which exceptions from the
89-13 guidelines may be necessary;
89-14 (2) assemble a single set of economic and demographic
89-15 data and provide that data to each health and human services agency
89-16 to be used in estimating its caseloads; and
89-17 (3) seek advice from health and human services
89-18 agencies, the Legislative Budget Board, the governor's budget
89-19 office, the comptroller, and other relevant agencies as needed to
89-20 coordinate the caseload estimating process.
89-21 (c) The commission shall assemble caseload estimates made by
89-22 health and human services agencies into a coherent, uniform report
89-23 and shall update the report quarterly, with assistance from those
89-24 agencies. The commission shall publish the report and make it
89-25 readily available to state and local agencies and interested
89-26 private organizations.
89-27 (d) In the report prepared under Subsection (c) of this
90-1 section, the commission shall explain the caseload estimates using
90-2 monthly averages, annual unduplicated recipients, annual service
90-3 usage, and other commonly used measures.
90-4 (e) The commission shall attach a copy of the report
90-5 prepared under Subsection (c) of this section to the consolidated
90-6 health and human services budget recommendation submitted to the
90-7 Legislative Budget Board under Section 13 of this article and shall
90-8 submit the report to the legislature when it convenes in regular
90-9 session.
90-10 SECTION 9.11. HEALTH AND HUMAN SERVICES AGENCIES. Section
90-11 19, Article 4413(502), Revised Statutes, is amended to read as
90-12 follows:
90-13 Sec. 19. HEALTH AND HUMAN SERVICES AGENCIES. (a) In this
90-14 article, "health and human services agencies" includes the:
90-15 (1) Interagency Council on Early Childhood
90-16 Intervention Services;
90-17 (2) Texas Department on Aging;
90-18 (3) Texas Commission on Alcohol and Drug Abuse;
90-19 (4) Texas Commission for the Blind;
90-20 (5) Texas Commission for the Deaf and Hearing
90-21 Impaired;
90-22 (6) Texas Department of Health;
90-23 (7) Texas Department of Human Services;
90-24 (8) Texas Juvenile Probation Commission;
90-25 (9) Texas Department of Mental Health and Mental
90-26 Retardation;
90-27 (10) Texas Rehabilitation Commission; and
91-1 (11) Department of Protective and Regulatory Services.
91-2 (b) The board of a health and human services agency may fill
91-3 a vacancy in the position of administrative head of the agency with
91-4 the approval of the governor.
91-5 ARTICLE 10. ALIMONY
91-6 SECTION 10.01. ALIMONY. (a) Chapter 3, Family Code, is
91-7 amended by adding Subchapter E to read as follows:
91-8 SUBCHAPTER E. ALIMONY
91-9 Sec. 3.81. DEFINITION. In this subchapter, "alimony" means
91-10 an award of periodic payments from the future income of one spouse
91-11 for the support of the other spouse, where there is at least one
91-12 child shared by both parents.
91-13 Sec. 3.82. ORDER FOR ALIMONY. In a suit for divorce or in a
91-14 proceeding in a court with personal jurisdiction over both former
91-15 spouses following the dissolution of their marriage by a court that
91-16 lacked personal jurisdiction over an absent spouse, the court may
91-17 order alimony for either spouse only if it finds that the spouse
91-18 seeking alimony:
91-19 (1) lacks sufficient property to provide for the
91-20 spouse's reasonable needs; and
91-21 (2) is unable to support himself or herself through
91-22 appropriate employment or is the custodian of a child whose
91-23 condition or circumstances make it appropriate that the spouse not
91-24 be required to seek employment outside the home.
91-25 Sec. 3.83. ELIGIBILITY FOR MAINTENANCE. In a suit for
91-26 divorce, annulment, to declare a marriage void, or in a proceeding
91-27 for maintenance in a court with personal jurisdiction over both
92-1 former spouses following the dissolution of their marriage by a
92-2 court that lacked personal jurisdiction over an absent spouse, the
92-3 court may order maintenance for either spouse only if:
92-4 (1) not earlier than one year before the date on which
92-5 a suit for dissolution of the marriage was filed, the spouse from
92-6 whom maintenance is sought was convicted of, or received deferred
92-7 adjudication for, a criminal offense that also constitutes an act
92-8 of family violence under Section 71.01, Family Code, and that
92-9 spouse was placed under community supervision; or
92-10 (2) the duration of the marriage was 10 years or
92-11 longer, the spouse seeking maintenance lacks sufficient property,
92-12 including property distributed to the spouse under this code, to
92-13 provide for the spouse's minimum reasonable needs, as limited by
92-14 Section 3.85, and the spouse seeking maintenance:
92-15 (A) is unable to support himself or herself
92-16 through appropriate employment because of an incapacitating
92-17 physical or mental disability;
92-18 (B) is the custodian of a child who requires
92-19 substantial care and personal supervision because a physical or
92-20 mental disability makes it necessary, taking into consideration the
92-21 needs of the child, that the spouse not be employed outside the
92-22 home; or
92-23 (C) clearly lacks earning ability in the labor
92-24 market adequate to provide support for the spouse's minimum
92-25 reasonable needs, as limited by Section 3.85.
92-26 Sec. 3.84. FACTORS TO DETERMINE MAINTENANCE. A court that
92-27 determines that a spouse is eligible to receive maintenance under
93-1 Section 3.83 shall determine the nature, amount, duration, and
93-2 manner of periodic payments by considering all relevant factors,
93-3 including:
93-4 (1) the financial resources of the spouse seeking
93-5 maintenance, including the community and separate property and
93-6 liabilities apportioned to that spouse in the suit for divorce,
93-7 annulment, or to declare a marriage void, and that spouse's ability
93-8 to meet his or her needs independently;
93-9 (2) the education and employment skills of the spouses
93-10 and the time necessary to acquire sufficient education or training
93-11 to enable the spouse seeking maintenance to find appropriate
93-12 employment, the availability of that education or training, and the
93-13 feasibility of that education or training;
93-14 (3) the duration of the marriage;
93-15 (4) the age, employment history, earning ability, and
93-16 the physical and mental condition of the spouse seeking
93-17 maintenance;
93-18 (5) the ability of the spouse from whom maintenance is
93-19 sought to meet that spouse's personal needs and to provide periodic
93-20 child support payments, if applicable, while meeting the personal
93-21 needs of the spouse seeking maintenance;
93-22 (6) acts by either spouse resulting in excessive or
93-23 abnormal expenditures or destruction, concealment, or fraudulent
93-24 disposition of community property, joint tenancy, or other property
93-25 held in common;
93-26 (7) the comparative financial resources of the
93-27 spouses, including medical, retirement, insurance, or other
94-1 benefits, and the separate property of each spouse;
94-2 (8) the contribution by one spouse to the education,
94-3 training, or increased earning power of the other spouse;
94-4 (9) the property brought to the marriage by either
94-5 spouse;
94-6 (10) the contribution of a spouse as homemaker;
94-7 (11) any marital misconduct of the spouse seeking
94-8 maintenance; and
94-9 (12) the efforts of the spouse seeking maintenance to
94-10 pursue available employment counseling as provided by Chapter 302,
94-11 Labor Code.
94-12 Sec. 3.85. DURATION OF MAINTENANCE ORDER. (a) Except as
94-13 provided by Subsections (b) and (c), a court shall limit the
94-14 duration of a maintenance order to the shortest reasonable period
94-15 that allows the spouse seeking maintenance to meet the spouse's
94-16 minimum reasonable needs by obtaining appropriate employment or
94-17 developing an appropriate skill, not to exceed three years.
94-18 (b) If a spouse seeking maintenance is eligible for
94-19 maintenance under Section 3.83(1), a court ordering maintenance
94-20 shall order that it be paid for at least the length of time for
94-21 which the spouse from whom maintenance is sought was placed under
94-22 community supervision. A court ordering maintenance for a person
94-23 who is eligible under Section 3.83(1) shall request of the court
94-24 that placed the spouse from whom maintenance is sought under
94-25 community supervision that the court modify the conditions of
94-26 community supervision to include a new condition requiring that the
94-27 defendant pay spousal maintenance ordered under this subchapter.
95-1 (c) If a spouse seeking maintenance is unable to support his
95-2 or her minimum reasonable needs through appropriate employment
95-3 because of incapacitating physical or mental illness, the court may
95-4 order maintenance for an indefinite period for as long as the
95-5 disability continues. The court may order periodic review of its
95-6 order, on the request of either party or on its own motion, to
95-7 determine whether the disability is continuing. The continuation
95-8 of spousal maintenance under these circumstances is subject to a
95-9 motion to modify as provided by Section 3.88.
95-10 Sec. 3.86. AMOUNT OF MAINTENANCE. (a) A court may not
95-11 enter a maintenance order that requires a spouse to pay more than
95-12 the lesser of:
95-13 (1) $2,500; or
95-14 (2) 20 percent of the spouse's average monthly gross
95-15 income.
95-16 (b) The court shall set the amount that a spouse is required
95-17 to pay in a maintenance order to provide for the minimum reasonable
95-18 needs of the spouse receiving the maintenance under the order,
95-19 considering any employment or property received in the divorce or
95-20 annulment or otherwise owned by the spouse receiving the
95-21 maintenance that contributes to the minimum reasonable needs of
95-22 that spouse.
95-23 Sec. 3.87. TERMINATION. (a) The obligation to pay future
95-24 maintenance terminates on the death of either party or on the
95-25 remarriage of the party receiving maintenance.
95-26 (b) After a hearing, the court shall terminate the
95-27 maintenance order if the party receiving maintenance cohabits with
96-1 another person in a permanent place of abode on a continuing,
96-2 conjugal basis.
96-3 Sec. 3.88. Modification of Maintenance Order. (a) The
96-4 amount of maintenance specified in a court order or decree may be
96-5 reduced by the filing of a motion in the court that originally
96-6 entered the order. A party affected by the order or decree to be
96-7 modified may file the motion.
96-8 (b) Notice of a motion to modify maintenance and the
96-9 response, if any, are governed by the Texas Rules of Civil
96-10 Procedure applicable to the filing of an original lawsuit.
96-11 (c) After a hearing, the court may modify an original or
96-12 modified order or decree providing for maintenance on a proper
96-13 showing of a material and substantial change in circumstances of
96-14 either party. The court shall apply the modification only to
96-15 payments accruing after the filing of the motion to modify.
96-16 (d) A loss of employment or circumstances that render a
96-17 former spouse unable to support himself or herself through
96-18 appropriate employment by reason of incapacitating physical or
96-19 mental disability that occurs after the divorce or annulment are
96-20 not grounds for the institution of spousal maintenance for the
96-21 benefit of the former spouse.
96-22 (b)(1) This section takes effect September 1, 1995, and
96-23 applies only to a suit for divorce in which a final decree has not
96-24 been rendered before the effective date of this section.
96-25 (2) This section applies to a proceeding in a court
96-26 with personal jurisdiction over both former spouses following the
96-27 dissolution of their marriage by a court that lacked personal
97-1 jurisdiction over an absent spouse.
97-2 (3) A suit for divorce to which this section does not
97-3 apply is governed by the law in effect on the date on which the
97-4 final decree was rendered, and the former law is continued in
97-5 effect for that purpose.
97-6 ARTICLE 11. USE OF SAVINGS; REPEALER; WAIVERS;
97-7 EFFECTIVE DATE; APPLICABILITY; EMERGENCY
97-8 SECTION 11.01. USE OF SAVINGS. An agency that realizes any
97-9 savings as a result of changes established by this Act shall use
97-10 all money saved exclusively for the purpose of aiding recipients of
97-11 AFDC benefits to achieve employment and self-sufficiency or to aid
97-12 families that are at risk of becoming dependent on AFDC. The
97-13 programs that these savings may be used for include emergency
97-14 benefits, transitional medical and child-care benefits, the JOBS
97-15 program or other employment opportunity programs, or any additional
97-16 programs that are used to help AFDC recipients achieve employment
97-17 and self-sufficiency.
97-18 SECTION 11.02. REPEALER. Sections 31.011 and 31.013, Human
97-19 Resources Code, are repealed.
97-20 SECTION 11.03. WAIVERS. If before implementing any
97-21 provision of this Act, the Texas Department of Human Services, the
97-22 Title IV-D agency, or another agency determines that a waiver or
97-23 authorization from a federal agency is necessary for implementation
97-24 of that provision, the department or the agency affected by the
97-25 provision shall request the waiver or authorization and may delay
97-26 implementing that provision until the waiver or authorization is
97-27 granted. In order to implement Section 31.014, Human Resources
98-1 Code, providing benefits to certain two-parent families, the
98-2 department shall reapply for any needed waiver or authorization
98-3 whether or not implementation of the program would be cost-neutral.
98-4 SECTION 11.04. APPLICABILITY OF THIS ACT. The provisions of
98-5 this Act may not be applied to deny eligibility for medical
98-6 assistance to any person who is otherwise eligible under provisions
98-7 of Chapter 32, Human Resources Code, as it existed before the
98-8 adoption of this Act. The provisions of this Act may not be
98-9 applied to grant eligibility for benefits under the provisions of
98-10 Chapter 61, Health and Safety Code.
98-11 SECTION 11.05. EFFECTIVE DATE. Except as otherwise provided
98-12 by this Act, this Act takes effect September 1, 1995.
98-13 SECTION 11.06. Emergency. The importance of this
98-14 legislation and the crowded condition of the calendars in both
98-15 houses create an emergency and an imperative public necessity that
98-16 the constitutional rule requiring bills to be read on three several
98-17 days in each house be suspended, and this rule is hereby suspended,
98-18 and that this Act take effect and be in force according to its
98-19 terms, and it is so enacted.