74R8201 E
          By Hilderbran, Stiles, Van de Putte,                  H.B. No. 1863
             Coleman, Cuellar of Webb, et al.
          Substitute the following for H.B. No. 1863:
          By Maxey                                          C.S.H.B. No. 1863
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to eligibility for and the provision of services and other
    1-3  assistance to needy people, including health and human services and
    1-4  assistance in becoming self-dependent.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6         ARTICLE 1.  FAMILY GRANT; SUPPORT SERVICES; PARENTING
    1-7                   SKILLS TRAINING; RESOURCE LIMITS
    1-8        SECTION 1.01.  PRIORITY OF ASSISTANCE.  Section 31.001, Human
    1-9  Resources Code, is amended to read as follows:
   1-10        Sec. 31.001.  Aid to Families With Dependent Children.  The
   1-11  department shall provide financial assistance and services to
   1-12  families with dependent children in accordance with the provisions
   1-13  of this chapter.  In administering this chapter, the department
   1-14  shall give first priority to assisting unemployed adult recipients
   1-15  of financial assistance and services under this chapter in finding
   1-16  and retaining employment.
   1-17        SECTION 1.02.  FAMILY GRANT.  (a)  Subject to Subsection (c)
   1-18  of this section, Section 31.003, Human Resources Code, is amended
   1-19  to read as follows:
   1-20        Sec. 31.003.  AMOUNT OF FINANCIAL ASSISTANCE.  (a)  The
   1-21  department shall adopt rules governing the determination of the
   1-22  amount of financial assistance to be granted for the support of a
   1-23  dependent child.  The amount granted, when combined with the income
   1-24  and other resources available for the child's support, must be
    2-1  sufficient to provide the child with a subsistence compatible with
    2-2  decency and health.  The department may not provide additional
    2-3  financial assistance for any child born to a recipient of Aid to
    2-4  Families with Dependent Children (AFDC) more than 10 months after
    2-5  the date on which the recipient initially became eligible to
    2-6  receive financial assistance.  The department may provide financial
    2-7  assistance for a child born to a former recipient of AFDC who
    2-8  reapplies for AFDC and who has not been receiving AFDC for a
    2-9  minimum period of 12 consecutive months immediately preceding the
   2-10  date of reapplication.  This section does not prohibit the
   2-11  department from providing Medicaid, child-care, or any other social
   2-12  or support services for the excluded child if the child meets all
   2-13  other appropriate eligibility requirements for financial assistance
   2-14  under this chapter.
   2-15        (b)  If an adult recipient of financial assistance under this
   2-16  chapter has another child who would have been eligible to receive
   2-17  assistance except for the restrictions of Subsection (a), the
   2-18  department, in computing the amount of assistance for the family,
   2-19  shall:
   2-20              (1)  deduct the earned income disregards allowable
   2-21  under federal law; and
   2-22              (2)  increase by $30 the amount of the earned income
   2-23  disregard if the adult recipient is employed.
   2-24        <(b)  In considering the amount of income or other resources
   2-25  available to a child or a relative claiming financial assistance on
   2-26  the child's behalf, the department shall also consider reasonable
   2-27  expenses attributable to earning the income.  The department may
    3-1  permit all or part of the earned or other income to be set aside
    3-2  for the future identifiable needs of the child, subject to
    3-3  limitations prescribed by the department.>
    3-4        <(c)  The department's agents employed in the region or
    3-5  county in which the dependent child resides shall determine the
    3-6  amount to be paid in accordance with the rules promulgated by the
    3-7  department.>
    3-8        (b)  Subject to Subsection (c) of this section, Section
    3-9  31.003, Human Resources Code, is amended to read as follows:
   3-10        Sec. 31.003.  AMOUNT OF FINANCIAL ASSISTANCE.  <(a)>  The
   3-11  maximum <department shall adopt rules governing the determination
   3-12  of the> amount of financial assistance to be granted to a family
   3-13  for the support of <a> dependent children is $184 a month, or for
   3-14  the support of dependent children without including their
   3-15  caretaker, 70 percent of that amount, regardless of the number of
   3-16  dependent children in the family <child>.  The department may
   3-17  increase the amount granted to an amount set by rule in relation to
   3-18  a person who the department determines is receiving assistance on
   3-19  behalf of a dependent child in the family and is a person with a
   3-20  physical or mental disability.  <, when combined with the income
   3-21  and other resources available for the child's support, must be
   3-22  sufficient to provide the child with a subsistence compatible with
   3-23  decency and health.>
   3-24        <(b)  In considering the amount of income or other resources
   3-25  available to a child or a relative claiming financial assistance on
   3-26  the child's behalf, the department shall also consider reasonable
   3-27  expenses attributable to earning the income.  The department may
    4-1  permit all or part of the earned or other income to be set aside
    4-2  for the future identifiable needs of the child, subject to
    4-3  limitations prescribed by the department.>
    4-4        <(c)  The department's agents employed in the region or
    4-5  county in which the dependent child resides shall determine the
    4-6  amount to be paid in accordance with the rules promulgated by the
    4-7  department.>
    4-8        (c)  Subsection (b) of this section takes effect:
    4-9              (1)  only if a federal court or an appellate court of
   4-10  this state determines that Subsection (a) of this section is
   4-11  invalid; and
   4-12              (2)  on a date ordered by the court.
   4-13        (d)  Section 31.003, Human Resources Code, as amended by this
   4-14  article, applies to all financial assistance under Chapter 31,
   4-15  Human Resources Code, that is paid on or after September 1, 1995,
   4-16  regardless of the date on which eligibility for that assistance is
   4-17  determined.
   4-18        SECTION 1.03.  NEEDS ASSESSMENT.  Subchapter A, Chapter 31,
   4-19  Human Resources Code, is amended by adding Section 31.0095 to read
   4-20  as follows:
   4-21        Sec. 31.0095.  NEEDS ASSESSMENT.  The department shall assist
   4-22  a recipient in assessing the particular needs of that recipient and
   4-23  that recipient's family.  The department and the recipient shall
   4-24  develop an employability plan to help the recipient achieve
   4-25  independence from public assistance granted to the recipient and
   4-26  the recipient's family.
   4-27        SECTION 1.04.  SUPPORT SERVICES.  Section 31.010, Human
    5-1  Resources Code, is amended to read as follows:
    5-2        Sec. 31.010.  SUPPORT SERVICES.  (a)  Subject to the
    5-3  availability of funds, the <The> department shall <may> provide a
    5-4  recipient with support services designed to assist the recipient
    5-5  and the recipient's family to <needy families and individuals>
    5-6  attain and retain the capability of independence and self-care <if
    5-7  federal matching funds are available for the support of the
    5-8  services>.
    5-9        (b)  The department shall consider the needs assessment and
   5-10  employability plan developed under Section 31.0095 in determining
   5-11  the support services needed.
   5-12        (c)  Support services include:
   5-13              (1)  education, using public or private schools as
   5-14  necessary;
   5-15              (2)  child care;
   5-16              (3)  transportation assistance;
   5-17              (4)  work skills and job readiness training;
   5-18              (5)  instruction in job search techniques; and
   5-19              (6)  job placement.
   5-20        (d)  The department by rule shall provide for implementation
   5-21  of the support services.
   5-22        (e)  The department may contract with other state agencies or
   5-23  public or private entities to provide support services under this
   5-24  section.
   5-25        SECTION 1.05.  PARENTING SKILLS TRAINING; SAFETY OF CHILDREN.
   5-26  Section 31.0135, Human Resources Code, is amended to read as
   5-27  follows:
    6-1        Sec. 31.0135.  PARENTING SKILLS TRAINING.  (a)  The
    6-2  department, in cooperation with the Central Education Agency, the
    6-3  Department of Protective and Regulatory Services, the Texas
    6-4  Agricultural Extension Service, or any other public or private
    6-5  entity, shall develop a parenting skills training program to assist
    6-6  a recipient of assistance under this chapter, including a child who
    6-7  receives assistance on behalf of a dependent child.  The program
    6-8  shall include nutrition education, budgeting and survival skills,
    6-9  and instruction on the necessity of physical and emotional safety
   6-10  for children.
   6-11        (b)  The department shall require that a caretaker relative
   6-12  or parent <child who is in school and> who is receiving assistance
   6-13  under this chapter on behalf of a dependent child receive parenting
   6-14  skills training as needed.
   6-15        (c)  In this section, "caretaker relative" means a person who
   6-16  is listed as a relative eligible to receive assistance under 42
   6-17  U.S.C. Section 602(a).
   6-18        SECTION 1.06.  TEENAGE PREGNANCY.  Section 31.0315, Human
   6-19  Resources Code, is amended by adding Subsection (f) to read as
   6-20  follows:
   6-21        (f)  If the parent of a dependent child is under 17 years of
   6-22  age and the Title IV-D agency determines that the child's birth may
   6-23  be the result of sexual conduct that constitutes a criminal offense
   6-24  under the Penal Code, that agency shall refer the case to the
   6-25  appropriate law enforcement agency for further investigation.
   6-26        SECTION 1.07.  RESOURCE LIMITS FOR AFDC RECIPIENTS.  Section
   6-27  31.032, Human Resources Code, is amended by adding Subsections (d)
    7-1  and (e) to read as follows:
    7-2        (d)  In determining whether an applicant is eligible for
    7-3  assistance, the department shall exclude from the applicant's
    7-4  available resources:
    7-5              (1)  $2,000 for the applicant's household or $3,000 if
    7-6  there is a person with a disability or a person who is at least 60
    7-7  years of age in the applicant's household; and
    7-8              (2)  the fair market value of the applicant's ownership
    7-9  interest in a motor vehicle, but not more than the amount
   7-10  determined according to the following schedule:
   7-11                    (A)  $4,550 on or after September 1, 1995, but
   7-12  before October 1, 1995;
   7-13                    (B)  $4,600 on or after October 1, 1995, but
   7-14  before October 1, 1996;
   7-15                    (C)  $5,000 on or after October 1, 1996, but
   7-16  before October 1, 1997; and
   7-17                    (D)  $5,000 plus or minus an amount to be
   7-18  determined annually beginning on October 1, 1997, to reflect
   7-19  changes in the new car component of the Consumer Price Index for
   7-20  All Urban Consumers published by the Bureau of Labor Statistics.
   7-21        (e)  If federal regulations governing the maximum allowable
   7-22  resources under the food stamp program, 7 C.F.R. Section 273, are
   7-23  revised, the department shall adjust the standards that determine
   7-24  available resources under Subsection (d) to reflect those
   7-25  revisions.
   7-26                 ARTICLE 2.  RESPONSIBILITY AGREEMENT
   7-27        SECTION 2.01.  APPLICATION FOR ASSISTANCE.  (a)  Section
    8-1  31.031, Human Resources Code, is amended by adding Subsections (c),
    8-2  (d), and (e) to read as follows:
    8-3        (c)  The department shall require the applicant to provide
    8-4  proof to the department that:
    8-5              (1)  each person who will receive assistance under this
    8-6  chapter is:
    8-7                    (A)  a United States citizen or has a
    8-8  satisfactory immigration status under federal immigration law; and
    8-9                    (B)  a resident of this state; and
   8-10              (2)  each child five years of age and younger for whom
   8-11  the applicant will receive assistance:
   8-12                    (A)  has been immunized;
   8-13                    (B)  is currently receiving or will receive by
   8-14  the time of the recipient family's next eligibility review an
   8-15  immunization series in accordance with Section 161.004, Health and
   8-16  Safety Code, if the child is of sufficient age; or
   8-17                    (C)  is exempted under Section 161.004(d), Health
   8-18  and Safety Code.
   8-19        (d)  The department shall require each applicant to sign the
   8-20  responsibility agreement prescribed by Section 31.0031.  The
   8-21  department shall explain to the applicant the work requirements and
   8-22  time-limited benefits in addition to the other provisions of the
   8-23  agreement before the applicant signs the agreement.
   8-24        (e)  The responsibility agreement must include a list of the
   8-25  state's responsibilities to the individual and the individual's
   8-26  family and pertinent case information, including the case number.
   8-27        (b)  Section 31.031, Human Resources Code, as amended by this
    9-1  article, applies to a person who applies for financial assistance
    9-2  under Chapter 31, Human Resources Code, on or after the effective
    9-3  date of this article.  A person who applied for financial
    9-4  assistance before the effective date of this article is governed by
    9-5  the law in effect when the person applied, and that law is
    9-6  continued in effect for that purpose.
    9-7        SECTION 2.02.  RESPONSIBILITY AGREEMENT.  (a)  Subchapter A,
    9-8  Chapter 31, Human Resources Code, is amended by adding Sections
    9-9  31.0031, 31.0032, and 31.0033 to read as follows:
   9-10        Sec. 31.0031.  RESPONSIBILITY AGREEMENT.  (a)  The department
   9-11  may not provide assistance under this chapter to or for a person
   9-12  unless the person complies with each applicable requirement of the
   9-13  responsibility agreement prescribed by this section.
   9-14        (b)  The responsibility agreement shall require, as a
   9-15  condition of continued eligibility under this chapter, that:
   9-16              (1)  the parent of a dependent child cooperate with the
   9-17  department and the Title IV-D agency if necessary to establish the
   9-18  paternity of the dependent child and to establish or enforce child
   9-19  support;
   9-20              (2)  if adequate and accessible providers of the
   9-21  services are available in the geographic area and subject to the
   9-22  availability of funds, each dependent child five years of age and
   9-23  younger complete early and periodic screening, diagnosis, and
   9-24  treatment checkups on schedule and receive the immunization series
   9-25  prescribed by Section 161.004, Health and Safety Code, unless the
   9-26  child is exempted under that section;
   9-27              (3)  each adult recipient, or teen parent recipient who
   10-1  has completed the requirements regarding school attendance in
   10-2  Subdivision (7), not voluntarily terminate employment of at least
   10-3  30 hours each week without good cause in accordance with rules
   10-4  adopted by the department;
   10-5              (4)  each adult recipient participate in an activity to
   10-6  enable that person to become self-sufficient by:
   10-7                    (A)  continuing the person's education or
   10-8  becoming literate;
   10-9                    (B)  entering a job placement or employment
  10-10  skills training program;
  10-11                    (C)  serving as a volunteer in the person's
  10-12  community; or
  10-13                    (D)  serving in a community work program or other
  10-14  work program approved by the department;
  10-15              (5)  each caretaker relative or parent receiving
  10-16  assistance not use, sell, or possess marihuana or a controlled
  10-17  substance, in violation of Chapter 481, Health and Safety Code, or
  10-18  if addicted to marihuana or a controlled substance comply with the
  10-19  requirements of Section 31.015;
  10-20              (6)  each caretaker relative or parent receiving
  10-21  assistance comply with department rules regarding testing for a
  10-22  violation of Subdivision (5);
  10-23              (7)  each dependent child younger than 18 years of age
  10-24  or teen parent younger than 19 years of age attend school
  10-25  regularly, unless the child has a high school diploma or high
  10-26  school equivalency certificate or is specifically exempted from
  10-27  school attendance under Section 21.033, Education Code;
   11-1              (8)  each recipient comply with department rules
   11-2  regarding proof of school attendance; and
   11-3              (9)  each recipient attend parenting skills training
   11-4  classes provided under Section 31.0135.
   11-5        (c)  In conjunction with the Texas Commission on Alcohol and
   11-6  Drug Abuse, the department by rule shall provide for random
   11-7  screening procedures to ensure that a caretaker relative or parent
   11-8  receiving assistance complies with the drug-free requirements of
   11-9  Subsection (b)(5).
  11-10        (d)  In conjunction with the Central Education Agency, the
  11-11  department by rule shall ensure compliance with the school
  11-12  attendance requirements of Subsection (b)(7) by establishing
  11-13  criteria for:
  11-14              (1)  determining whether a child is regularly attending
  11-15  school;
  11-16              (2)  exempting a child from school attendance in
  11-17  accordance with Subchapter B, Chapter 21, Education Code; and
  11-18              (3)  determining when an absence is excused.
  11-19        (e)  A person who has a dependent child five years of age or
  11-20  younger or a person who is eligible for participation in the job
  11-21  opportunities and basic skills training program (JOBS) under Part
  11-22  F, Subchapter IV, Social Security Act (42 U.S.C. Section 682), may
  11-23  be exempt from Subsection (b)(4) only if all of the positions for
  11-24  that program are filled.  The department by rule shall provide for
  11-25  filling positions that are available in the program with persons
  11-26  who have dependent children who are five years of age or younger.
  11-27        (f)  In this section, "caretaker relative" means a person who
   12-1  is listed as a relative eligible to receive assistance under 42
   12-2  U.S.C. Section 602(a).
   12-3        Sec. 31.0032.  BENEFITS WITHHELD.  (a)  If after an
   12-4  investigation the department determines that a person is not
   12-5  complying with a requirement of the responsibility agreement
   12-6  prescribed by Section 31.0031, the department shall withhold the
   12-7  financial assistance provided to or for that person under this
   12-8  chapter.
   12-9        (b)  The department shall immediately notify the caretaker
  12-10  relative, second parent, or payee receiving the financial
  12-11  assistance whether financial assistance is to be withheld under
  12-12  this section.
  12-13        Sec. 31.0033.  GOOD CAUSE NONCOMPLIANCE HEARING.  (a)  If the
  12-14  department determines that assistance should be withheld under
  12-15  Section 31.0032 for noncompliance with the responsibility agreement
  12-16  required by Section 31.0031, the person determined to have not
  12-17  complied or, if different, the person receiving the financial
  12-18  assistance may request a hearing to show good cause for
  12-19  noncompliance not later than the 10th day after the date on which
  12-20  notice is received under Section 31.0032.
  12-21        (b)  The department shall promptly conduct a hearing if a
  12-22  timely request is made under Subsection (a).
  12-23        (c)  If the department finds that good cause for
  12-24  noncompliance was not shown at a hearing, the department shall
  12-25  withhold assistance paid to or for that person until the department
  12-26  determines that the person is in compliance with the terms of the
  12-27  responsibility agreement.
   13-1        (d)  The department by rule shall establish criteria for good
   13-2  cause noncompliance under this section.
   13-3        (b)  Except as provided by Subsection (c) of this section,
   13-4  Sections 31.0031, 31.0032, and 31.0033, Human Resources Code, as
   13-5  added by this article, apply to a person receiving financial
   13-6  assistance on or after the effective date of this article,
   13-7  regardless of the date on which eligibility for that assistance is
   13-8  determined.
   13-9        (c)  Not later than January 1, 1996, the Texas Department of
  13-10  Human Services shall require each recipient who applied for
  13-11  financial assistance before the effective date of this article to
  13-12  sign the responsibility agreement prescribed by Section 31.0031,
  13-13  Human Resources Code, as added by this article.  The department may
  13-14  not enforce the terms of the agreement against a recipient who has
  13-15  not had an opportunity to sign the agreement.
  13-16        SECTION 2.03.  Conforming Amendment:  Mandatory School
  13-17  Attendance.  Subchapter A, Chapter 11, Education Code, is amended
  13-18  by adding Section 11.2093 to read as follows:
  13-19        Sec. 11.2093.  Attendance Records:  AFDC Recipients.  The
  13-20  Central Education Agency shall cooperate with the Texas Department
  13-21  of Human Services in providing applicants for and recipients of
  13-22  financial assistance under Chapter 31, Human Resources Code, with
  13-23  the appropriate records to demonstrate satisfactory attendance and
  13-24  progress of dependent children and teen parents according to rules
  13-25  adopted by the department.
  13-26        SECTION 2.04.  MANDATORY SUBSTANCE ABUSE SCREENING.  (a)
  13-27  Subchapter A, Chapter 31, Human Resources Code, is amended by
   14-1  adding Section 31.015 to read as follows:
   14-2        Sec. 31.015.  MANDATORY SUBSTANCE-ABUSE SCREENING.  (a)  If
   14-3  it is determined that a caretaker relative or parent who is
   14-4  applying for or receiving financial assistance under this chapter
   14-5  is using marihuana or a controlled substance in violation of
   14-6  Chapter 481, Health and Safety Code, as determined by rules adopted
   14-7  by the Texas Commission on Alcohol and Drug Abuse, the person must:
   14-8              (1)  undergo a screening for dependency on marihuana
   14-9  and controlled substances, and if found in need of treatment,
  14-10  participate in and maintain satisfactory progress in an appropriate
  14-11  treatment program, subject to the availability of funds; and
  14-12              (2)  comply with department rules, adopted in
  14-13  conjunction with the Texas Commission on Alcohol and Drug Abuse,
  14-14  regarding random screening for substance abuse.
  14-15        (b)  In conjunction with the department, the Texas Commission
  14-16  on Alcohol and Drug Abuse by rule shall provide for the
  14-17  determination of substance-abuse dependence, appropriate treatment,
  14-18  and screening requirements.
  14-19        (c)  The department may not provide financial assistance to
  14-20  or for a family with a member who does not comply with this
  14-21  section.
  14-22        (d)  In this section, "caretaker relative" means a person who
  14-23  is listed as a relative eligible to receive assistance under 42
  14-24  U.S.C. Section 602(a).
  14-25        (b)  Section 31.015, Human Resources Code, as added by this
  14-26  article, applies to a person receiving financial assistance on or
  14-27  after September 1, 1995, regardless of the date on which
   15-1  eligibility for that assistance is determined.
   15-2        (c)  The Texas Department of Human Services and the Texas
   15-3  Commission on Alcohol and Drug Abuse shall gradually implement
   15-4  Section 31.015, Human Resources Code, as added by this article, by
   15-5  selecting specific counties or areas of the state as test sites.
   15-6  Section 31.015, Human Resources Code, shall be implemented
   15-7  statewide as soon as practicable.  Section 31.015, Human Resources
   15-8  Code, applies to a person receiving financial assistance on or
   15-9  after the date the section is implemented in the area in which the
  15-10  person resides, regardless of the date on which eligibility for
  15-11  that assistance is determined.  However, the Texas Department of
  15-12  Human Services may not consider financial assistance provided
  15-13  before the implementation date in determining if a person has
  15-14  exhausted assistance.
  15-15          ARTICLE 3.  TIME-LIMITED AND TRANSITIONAL BENEFITS
  15-16        SECTION 3.01.  TIME-LIMITED BENEFITS.  (a)  Subchapter A,
  15-17  Chapter 31, Human Resources Code, is amended by adding Section
  15-18  31.0065 to read as follows:
  15-19        Sec. 31.0065.  TIME-LIMITED BENEFITS.  (a)  The department
  15-20  may provide financial assistance under this chapter only in
  15-21  accordance with the time limits specified by this section.  The
  15-22  department by rule may provide for exceptions to these time limits
  15-23  if severe personal hardship or community economic factors prevent
  15-24  the recipient from obtaining employment or if the state is unable
  15-25  to provide support services.
  15-26        (b)  The department shall limit financial assistance and the
  15-27  transitional benefits specified by Sections 31.0035 and 32.0255 in
   16-1  accordance with the following schedule:
   16-2              (1)  financial assistance is limited to a cumulative
   16-3  total of six months and transitional benefits are limited to six
   16-4  months if the person receiving financial assistance on behalf of a
   16-5  dependent child has:
   16-6                    (A)  a high school diploma, a high school
   16-7  equivalency certificate, or a certificate or degree from a two-year
   16-8  or four-year institution of higher education or technical or
   16-9  vocational school; and
  16-10                    (B)  work experience of 18 months or more;
  16-11              (2)  financial assistance is limited to a cumulative
  16-12  total of 12 months and transitional benefits are limited to six
  16-13  months if the person receiving financial assistance on behalf of a
  16-14  dependent child has:
  16-15                    (A)  a high school diploma, a high school
  16-16  equivalency certificate, or a certificate or degree from a two-year
  16-17  or four-year institution of higher education or technical or
  16-18  vocational school; or
  16-19                    (B)  work experience of 18 months or more;
  16-20              (3)  financial assistance is limited to a cumulative
  16-21  total of 24 months and transitional benefits are limited to 12
  16-22  months if the person receiving financial assistance on behalf of a
  16-23  dependent child has:
  16-24                    (A)  completed three years of high school; or
  16-25                    (B)  work experience of not less than six or more
  16-26  than 18 months; and
  16-27              (4)  financial assistance is limited to a cumulative
   17-1  total of 36 months and transitional benefits are not provided,
   17-2  except when the person's household income has increased such that
   17-3  the family is no longer eligible to receive financial assistance,
   17-4  in which case transitional benefits of 12 months are provided, if
   17-5  the person receiving assistance on behalf of a dependent child has:
   17-6                    (A)  completed less than three years of high
   17-7  school; and
   17-8                    (B)  less than six months of work experience.
   17-9        (c)  If the recipient has completed less than three years of
  17-10  high school and has less than six months of work experience, the
  17-11  department shall perform an in-depth assessment of the needs of
  17-12  that person and that person's family.  The department is not
  17-13  required to perform an additional assessment if the department has
  17-14  performed an assessment under Section 31.0095.  If the recipient
  17-15  cooperates with the department's assessment, the time period
  17-16  prescribed by Subsection (b)(4) begins on the first anniversary of
  17-17  the date on which the department completes the assessment, as
  17-18  determined by the department.
  17-19        (d)  The computation of time limits under Subsection (b)
  17-20  begins when the adult or teen parent recipient receives
  17-21  notification of work or employment activity under Section 31.012.
  17-22        (e)  If the department is imposing time-limited benefits on
  17-23  an individual, the department shall consider:
  17-24              (1)  the assessment of the individual's need that was
  17-25  conducted by the department during the initial process of
  17-26  determining eligibility; and
  17-27              (2)  the prevailing economic and employment conditions
   18-1  in the area of the state where the individual resides.
   18-2        (b)  The Texas Department of Human Services shall gradually
   18-3  implement Section 31.0065, Human Resources Code, as added by this
   18-4  article, by selecting specific counties or areas of the state as
   18-5  test sites.  The department shall implement Section 31.0065
   18-6  statewide as soon as practicable.  Section 31.0065 applies to a
   18-7  person receiving financial assistance on or after the date the
   18-8  section is implemented in the area in which the person resides,
   18-9  regardless of the date on which eligibility for that assistance is
  18-10  determined.  However, the Texas Department of Human Services may
  18-11  not consider financial assistance provided before the
  18-12  implementation date in determining if a person has exhausted
  18-13  assistance.
  18-14        SECTION 3.02.  TRANSITIONAL CHILD-CARE SERVICES.  Subchapter
  18-15  A, Chapter 31, Human Resources Code, is amended by adding Section
  18-16  31.0035 to read as follows:
  18-17        Sec. 31.0035.  TRANSITIONAL CHILD-CARE SERVICES.  (a)  The
  18-18  department shall provide necessary transitional child-care
  18-19  services, in accordance with department rules and federal law, to a
  18-20  person who was receiving financial assistance under this chapter
  18-21  but is no longer eligible to receive the assistance because:
  18-22              (1)  the person's household income has increased; or
  18-23              (2)  the person has exhausted the person's benefits
  18-24  under Section 31.0065.
  18-25        (b)  Except as provided by Section 31.012(c), the department
  18-26  may provide the child-care services only until the earlier of:
  18-27              (1)  the end of the applicable period prescribed by
   19-1  Section 31.0065 for the provision of transitional benefits; or
   19-2              (2)  the first anniversary of the date on which the
   19-3  person becomes ineligible for financial assistance because of
   19-4  increased  household income.
   19-5        SECTION 3.03.  TRANSITIONAL MEDICAL ASSISTANCE.  Subchapter
   19-6  B, Chapter 32, Human Resources Code, is amended by adding Section
   19-7  32.0255 to read as follows:
   19-8        Sec. 32.0255.  TRANSITIONAL MEDICAL ASSISTANCE.  (a)  The
   19-9  state shall provide transitional medical assistance, in accordance
  19-10  with state rules and federal law, to a person who was receiving
  19-11  financial assistance under Chapter 31 but is no longer eligible to
  19-12  receive the assistance because:
  19-13              (1)  the person's household income has increased; or
  19-14              (2)  the person has exhausted the person's benefits
  19-15  under Section 31.0065.
  19-16        (b)  Except as provided by Section 31.012, the state may
  19-17  provide the medical assistance only until the earlier of:
  19-18              (1)  the end of the applicable period prescribed by
  19-19  Section 31.0065 for the provision of transitional benefits; or
  19-20              (2)  the first anniversary of the date on which the
  19-21  person becomes ineligible for financial assistance because of
  19-22  increased household income.
  19-23                       ARTICLE 4.  WORK PROGRAMS
  19-24        SECTION 4.01.  EMPLOYMENT OR VOLUNTEER WORK PROGRAM.  (a)
  19-25  Section 31.012, Human Resources Code, is amended to read as
  19-26  follows:
  19-27        Sec. 31.012.  MANDATORY WORK OR PARTICIPATION IN EMPLOYMENT
   20-1  ACTIVITIES THROUGH THE JOB OPPORTUNITIES AND BASIC SKILLS PROGRAM.
   20-2  (a)  The department shall require that, during any one-month period
   20-3  in which an adult is receiving financial assistance under this
   20-4  chapter, the adult shall during that period:
   20-5              (1)  work not less than 30 hours a week; or
   20-6              (2)  participate for not less than 20 hours a week in
   20-7  an activity established under the job opportunities and basic
   20-8  skills (JOBS) training program under Part F, Subchapter IV, Social
   20-9  Security Act (42 U.S.C. Section 682) <In the event the federal job
  20-10  opportunities and basic skills program for recipients of Aid to
  20-11  Families with Dependent Children is discontinued or is inadequate
  20-12  to meet the recipients' needs, the state shall operate a program to
  20-13  provide employment, education, and training opportunities, subject
  20-14  to available funds>.
  20-15        (b)  The department by rule shall establish criteria for good
  20-16  cause noncompliance under this section.
  20-17        (c)  A person who has a dependent child younger than six
  20-18  years of age is not required to participate in a program under this
  20-19  section.  Notwithstanding Sections 31.0035(b) and 32.0255(b), the
  20-20  department shall provide to a person who has a dependent child
  20-21  younger than six years of age and who volunteers to participate in
  20-22  a program under Subsection (a)(2) six months of transitional
  20-23  benefits in addition to the applicable limit prescribed by Section
  20-24  31.0065.
  20-25        (b)  This section applies to a person receiving assistance on
  20-26  or after September 1, 1995, regardless of the date on which
  20-27  eligibility for that assistance is determined.
   21-1        (c)  The Texas Department of Human Services shall adopt the
   21-2  rules required by Section 31.012(b), Human Resources Code, as
   21-3  amended by this article, not later than December 1, 1995.
   21-4        SECTION 4.02.  VOLUNTEER WORK EXPERIENCE.  (a)  Section
   21-5  31.0125, Human Resources Code, is amended to read as follows:
   21-6        Sec. 31.0125.  VOLUNTEER <COMMUNITY> WORK EXPERIENCE PROGRAM.
   21-7  (a)  Subject to the availability of appropriations for client
   21-8  support services, the department by rule shall develop and
   21-9  implement a volunteer <community> work experience program in
  21-10  accordance with federal law as a part of the job opportunities and
  21-11  basic skills (JOBS) training program under Part F, Subchapter IV,
  21-12  Social Security Act (42 U.S.C. Section 682).
  21-13        (b)  In adopting rules under this section, the department
  21-14  shall:
  21-15              (1)  establish the criteria for determining which
  21-16  recipients of financial assistance under this chapter who are
  21-17  eligible to participate in the JOBS training program will be
  21-18  required to participate in the volunteer <community> work
  21-19  experience program;
  21-20              (2)  ensure that participation in the volunteer
  21-21  <community> work experience program will not result in the
  21-22  displacement of an employee from an existing position or the
  21-23  elimination of a vacant position;
  21-24              (3)  ensure that the volunteer <community> work
  21-25  experience program will not impair an existing service contract or
  21-26  collective bargaining agreement;
  21-27              (4)  ensure that an entity or agency that enters into
   22-1  an agreement with the department under this section provides to a
   22-2  participant, without paying the participant a salary, job training
   22-3  and work experience in certain areas within the entity or agency;
   22-4              (5)  require that each entity or agency that enters
   22-5  into a cooperative agreement with the department under this section
   22-6  identify positions within the entity or agency that will enable a
   22-7  participant to gain the skills and experience necessary to be able
   22-8  to compete in the labor market for comparable positions; and
   22-9              (6)  amend the service delivery system of the JOBS
  22-10  training program to require a participant in the JOBS training
  22-11  program who is unemployed after completing the JOBS readiness
  22-12  activities outlined in the participant's employability plan,
  22-13  including job search, to participate in the volunteer <community>
  22-14  work experience program.
  22-15        (c)  To implement the volunteer <community> work experience
  22-16  program, the department shall enter into written nonfinancial
  22-17  cooperative agreements with entities that receive funds under a
  22-18  federal Head Start program, <and with> state agencies, including
  22-19  institutions of higher education, <or> other entities of state or
  22-20  local government, or private sector or nonprofit organizations or
  22-21  foundations.  <To be eligible to enter into a contract under this
  22-22  section, the entity or agency must employ at least 250 persons.
  22-23  The department and the entity or agency may waive this requirement
  22-24  by mutual agreement.>
  22-25        (d)  The department and an entity or agency that enters into
  22-26  an agreement under this section must establish participation
  22-27  requirements for the entity or agency under the volunteer
   23-1  <community> work experience program.  The requirements must be
   23-2  contained in the agreement.
   23-3        (b)  This section applies to a person receiving assistance on
   23-4  or after September 1, 1995, regardless of the date on which
   23-5  eligibility for that assistance is determined.
   23-6        SECTION 4.03.  EMPLOYMENT PROGRAMS.  Subchapter A, Chapter
   23-7  31, Human Resources Code, is amended by adding Section 31.0126 to
   23-8  read as follows:
   23-9        Sec. 31.0126.  EMPLOYMENT PROGRAMS.  (a)  In cooperation with
  23-10  the state agency charged with primary responsibility for job
  23-11  training, employment, and workforce development in this state, the
  23-12  department by rule shall develop the following programs to assist
  23-13  recipients of financial assistance and services under this chapter
  23-14  in finding and retaining employment:
  23-15              (1)  a work first program that provides a participant
  23-16  job readiness training and employment information and services that
  23-17  will motivate the participant to find and apply for a job through
  23-18  job clubs, job readiness activities, and job search activities;
  23-19              (2)  a business internship program that provides a
  23-20  participant the opportunity to obtain marketable job skills through
  23-21  an internship in a participating business;
  23-22              (3)  a Texas works program that:
  23-23                    (A)  is operated by a nonprofit group or local
  23-24  governmental entity;
  23-25                    (B)  provides to a participant motivational and
  23-26  job readiness training by placing the participant in a job for a
  23-27  period of several months;
   24-1                    (C)  ensures that the participant is visited at
   24-2  work and receives counseling and help in resolving any work-related
   24-3  or personal problems; and
   24-4                    (D)  receives funding on the basis of
   24-5  participants who are successfully hired for employment;
   24-6              (4)  a community work experience program that provides
   24-7  a participant job training and work experience through a temporary
   24-8  job in the public sector;
   24-9              (5)  a subsidized employment program that provides to a
  24-10  participant job training and work experience through a job in the
  24-11  private sector that pays the participant a subsidized salary; and
  24-12              (6)  a self-employment assistance program that provides
  24-13  to a participant entrepreneurial training, business counseling, and
  24-14  technical and financial assistance so that the participant can
  24-15  establish a business and become self-employed.
  24-16        (b)  The department shall develop the programs prescribed by
  24-17  this section in accordance with federal law as a part of the job
  24-18  opportunities and basic skills (JOBS) training program under Part
  24-19  F, Subchapter IV, Social Security Act (42 U.S.C. Section 682).
  24-20        (c)  In adopting rules governing a program prescribed by this
  24-21  section, the department shall:
  24-22              (1)  establish the criteria for determining which
  24-23  recipients who are eligible to participate in the JOBS training
  24-24  program may be required to participate in a particular program;
  24-25              (2)  ensure that a recipient who is incapable of
  24-26  participating in a particular program is not required to
  24-27  participate in that program; and
   25-1              (3)  provide technical assistance to local workforce
   25-2  development boards.
   25-3        (d)  A local workforce development board may implement in a
   25-4  workforce development area one or more programs prescribed by this
   25-5  section.
   25-6        (e)  The department shall submit a waiver application or a
   25-7  renewal waiver application that a federal agency may require before
   25-8  a local workforce development board can implement one or more of
   25-9  the programs prescribed by this section in a workforce development
  25-10  area.
  25-11        (f)  In this section, "local workforce development board"
  25-12  means a local workforce development board created under Section
  25-13  4.01, Workforce and Economic Competitiveness Act (Article 5190.7a,
  25-14  Vernon's Texas Civil Statutes).
  25-15        SECTION 4.04.  DEMONSTRATION PROJECTS; FUND.  Article 4,
  25-16  Workforce and Economic Competitiveness Act (Article 5190.7a,
  25-17  Vernon's Texas Civil Statutes), is amended by adding Sections
  25-18  4.055-4.057 to read as follows:
  25-19        Sec. 4.055.  DEMONSTRATION PROJECTS.  (a)  In this section:
  25-20              (1)  "Board" means a local workforce development board.
  25-21              (2)  "Workforce development agency" means the state
  25-22  agency charged with primary responsibility for the implementation
  25-23  and consolidation of labor, employment, and job training programs
  25-24  in this state.
  25-25        (b)  In addition to the functions performed under Section
  25-26  4.04 of this Act and the local plan required under Section 4.05 of
  25-27  this Act, each board may establish and operate localized programs
   26-1  to expand education, training, and employment in the workforce
   26-2  development area administered by the board.  The board may design
   26-3  creative programs that fit the unique characteristics and needs of
   26-4  its workforce development area.
   26-5        (c)  A board that designs a program under this section shall
   26-6  submit a written proposal for approval of the program to the
   26-7  workforce development agency.  The workforce development agency
   26-8  shall approve any program that clearly demonstrates the ability to:
   26-9              (1)  draw on and unite the resources of the local
  26-10  community; and
  26-11              (2)  determine and meet the needs of the local service
  26-12  populations, businesses, and industries.
  26-13        (d)  A board shall implement and administer a program
  26-14  approved by the workforce development agency under this section as
  26-15  a local demonstration project.  The board shall report to the
  26-16  workforce development agency on a quarterly basis regarding the
  26-17  administration of the project and the effectiveness of the project
  26-18  in serving the workforce development needs of the community.
  26-19        (e)  A board shall submit any proposed changes in the program
  26-20  to the workforce development agency in writing.  The workforce
  26-21  development agency must approve the proposed changes before the
  26-22  changes may be adopted and implemented by the board.
  26-23        Sec. 4.056.  CERTAIN PROGRAMS FOR AFDC RECIPIENTS.  (a)  In
  26-24  addition to the programs established under Section 4.055 of this
  26-25  Act, each local workforce development board shall adopt programs to
  26-26  enhance the ability of recipients of financial assistance and
  26-27  services under Chapter 31, Human Resources Code, who are eligible
   27-1  to participate in the JOBS training program to obtain and retain
   27-2  gainful employment.  On request of a board, the workforce
   27-3  development agency shall provide technical assistance to the board
   27-4  in adopting programs under this section.
   27-5        (b)  In adopting programs under this section, the board shall
   27-6  consider the programs established under Section 31.0126, Human
   27-7  Resources Code.  Within the parameters established by that
   27-8  subchapter, the board may adapt a program to serve more effectively
   27-9  the needs of the recipients described by Subsection (a) who are
  27-10  residing in the workforce development area.
  27-11        (c)  The workforce development agency must approve a program
  27-12  adopted by the board under this section, including a program
  27-13  established under Section 31.0126, Human Resources Code, before the
  27-14  board can implement the program in the workforce development area.
  27-15        (d)  In this section, "JOBS training program" means the job
  27-16  opportunities and basic skills (JOBS) training program under Part
  27-17  F, Subchapter IV, Social Security Act (42 U.S.C. Section 682).
  27-18        Sec. 4.057.  REVOLVING FUND ACCOUNT.  (a)  A special
  27-19  revolving fund account is established in the state treasury to be
  27-20  known as the local workforce development board demonstration
  27-21  project account.  The account may be used only for:
  27-22              (1)  loans for the initial implementation costs of a
  27-23  demonstration project approved under Section 4.055 of this Act; and
  27-24              (2)  small loans for new education, training, and
  27-25  employment programs created by a local workforce development board
  27-26  under a demonstration project.
  27-27        (b)  The account consists of:
   28-1              (1)  money the legislature appropriates to the account;
   28-2              (2)  donations made to the account;
   28-3              (3)  repayment of small loans made under the provisions
   28-4  of a demonstration project;
   28-5              (4)  revenue received from state and federal education,
   28-6  training, and job programs; and
   28-7              (5)  depository interest and investment income earned
   28-8  on amounts in the account.
   28-9        (c)  Money drawn from the revolving fund account for the
  28-10  operation of education, training, and job programs shall be paid
  28-11  back to the account as permanent revenues from state and federal
  28-12  education, training, and job programs become available.
  28-13        (d)  Sections 403.094 and 403.095, Government Code, do not
  28-14  apply to the account.
  28-15        SECTION 4.05.  TEEN-JOBS PILOT PROGRAM.  (a)  Using funds
  28-16  available from the job opportunities and basic skills training
  28-17  program (JOBS) under Subchapter IV, Social Security Act (42 U.S.C.
  28-18  Section 682), the Central Education Agency, in conjunction with the
  28-19  Texas Department of Human Services and the comptroller, shall allow
  28-20  not fewer than four school districts or areas within school
  28-21  districts to establish pilot programs designed to encourage teenage
  28-22  parents to stay in school and advance toward independence.
  28-23        (b)  Services in the program may include the parenting
  28-24  program services provided under Section 21.114, Education Code,
  28-25  child care, transportation, tutorial services, guidance and
  28-26  counseling services, career counseling, mentor programs, on-the-job
  28-27  training based on the unique needs of participants and the local
   29-1  labor market, and any other allowable relevant services.
   29-2        (c)  The agency shall report to the governor regarding the
   29-3  effectiveness of this program.  The agency shall notify members of
   29-4  the legislature and the standing committees of the senate and house
   29-5  of representatives having primary jurisdiction over the agency of
   29-6  the filing of the report.
   29-7        (d)  This section expires January 1, 1999.
   29-8        SECTION 4.06.  WORK HISTORY AND 100-HOUR RULE WAIVER.  Not
   29-9  later than December 1, 1995, the Texas Department of Human Services
  29-10  shall reapply for a federal waiver to eliminate the work history
  29-11  and 100-hour rules for two-parent families and to enable the
  29-12  department to fully implement Section 31.014, Human Resources Code.
  29-13                 ARTICLE 5.  CHILD SUPPORT ENFORCEMENT
  29-14        SECTION 5.01.  PRIORITY GIVEN TO AFDC CHILD SUPPORT CASES;
  29-15  SUPPORT FOR CHILDREN IN SUBSTITUTE CARE.  Section 76.003, Human
  29-16  Resources Code, is amended by adding Subsections (g) and (h) to
  29-17  read as follows:
  29-18        (g)  The Title IV-D agency shall give priority to
  29-19  establishing and enforcing court-ordered child support in cases
  29-20  involving children who receive financial assistance under Chapter
  29-21  31.
  29-22        (h)  The Title IV-D agency shall adopt procedures to transfer
  29-23  to the Department of Protective and Regulatory Services any
  29-24  court-ordered child support that the Title IV-D agency collects for
  29-25  a child:
  29-26              (1)  for whom the Department of Protective and
  29-27  Regulatory Services has been named temporary or permanent managing
   30-1  conservator by a court order;
   30-2              (2)  who is otherwise eligible to receive financial
   30-3  assistance under Chapter 31; and
   30-4              (3)  for whom the Department of Protective and
   30-5  Regulatory Services is providing substitute care.
   30-6        SECTION 5.02.  CONFORMING AMENDMENT:  SUBSTITUTE CARE.
   30-7  Section 14.05, Family Code, is amended by adding Subsections (k)
   30-8  and (l) to read as follows:
   30-9        (k)  The court may order a parent to make periodic payments
  30-10  for the support of a child in a proceeding in which the Department
  30-11  of Protective and Regulatory Services is named temporary managing
  30-12  conservator.  In a proceeding in which the Department of Protective
  30-13  and Regulatory Services is named permanent managing conservator of
  30-14  a child whose parents' rights have not been terminated, the court
  30-15  shall order the parent to make periodic payments for the support of
  30-16  the child.
  30-17        (l)  A court shall order that all child support payments for
  30-18  a child who is otherwise eligible for financial assistance under
  30-19  Chapter 31, Human Resources Code, and for whom the Department of
  30-20  Protective and Regulatory Services is providing substitute care
  30-21  shall be paid to the department through the state registry.
  30-22        SECTION 5.03.  CONFORMING AMENDMENT.  Chapter 76, Human
  30-23  Resources Code, is amended by designating Sections 76.001-76.011 as
  30-24  Subchapter A, Chapter 76, Human Resources Code, and adding a
  30-25  subchapter heading to read as follows:
  30-26           SUBCHAPTER A.  TITLE IV-D CHILD SUPPORT SERVICES
  30-27        SECTION 5.04.  INTERVENTION ASSISTANCE FOR UNEMPLOYED
   31-1  NONCUSTODIAL PARENTS.  Subchapter A, Chapter 76, Human Resources
   31-2  Code, as designated by this Act, is amended by adding Section
   31-3  76.012 to read as follows:
   31-4        Sec. 76.012.  UNEMPLOYED NONCUSTODIAL PARENTS.  (a)  The
   31-5  Title IV-D agency shall refer to appropriate state and local
   31-6  entities that assist unemployed noncustodial parents in gaining
   31-7  employment any unemployed noncustodial parent who is in arrears in
   31-8  court-ordered child support payments to a child who:
   31-9              (1)  receives financial assistance under Chapter 31; or
  31-10              (2)  is otherwise eligible to receive financial
  31-11  assistance under Chapter 31 and for whom the Department of
  31-12  Protective and Regulatory Services is providing substitute care.
  31-13        (b)  A referral under Subsection (a) may include:
  31-14              (1)  skills training and job placement through the:
  31-15                    (A)  Texas Employment Commission;
  31-16                    (B)  Texas Job Training Partnership Act, Chapter
  31-17  301, Labor Code; or
  31-18                    (C)  agency responsible for the food stamp
  31-19  employment and training program (7 U.S.C. Section 2015(d));
  31-20              (2)  referrals to education and literacy classes; and
  31-21              (3)  counseling regarding:
  31-22                    (A)  substance abuse;
  31-23                    (B)  parenting skills;
  31-24                    (C)  life skills; and
  31-25                    (D)  mediation techniques.
  31-26        SECTION 5.05.  SUSPENSION OF STATE-ISSUED LICENSES.  (a)
  31-27  Chapter 76, Human Resources Code, is amended by adding Subchapter B
   32-1  to read as follows:
   32-2           SUBCHAPTER B.  SUSPENSION OF LICENSE FOR FAILURE
   32-3               TO PAY CHILD SUPPORT IN TITLE IV-D CASES
   32-4        Sec. 76.101.  DEFINITIONS.  In this subchapter:
   32-5              (1)  "Child support agency" means:
   32-6                    (A)  the attorney general;
   32-7                    (B)  a county or district attorney or any other
   32-8  county officer or county agency that executes a cooperative
   32-9  agreement with the attorney general to provide child support
  32-10  services under Chapter 76, Human Resources Code, and Part D of
  32-11  Title IV of the federal Social Security Act (42 U.S.C. Section 651
  32-12  et seq.); or
  32-13                    (C)  a domestic relations office.
  32-14              (2)  "License" means a license, certificate,
  32-15  registration, permit, or other authorization, issued by a licensing
  32-16  authority and subject to suspension, revocation, forfeiture, or
  32-17  termination by the licensing authority before its date of
  32-18  expiration, that a person must obtain to:
  32-19                    (A)  practice or engage in a particular business,
  32-20  occupation, or profession;
  32-21                    (B)  operate a motor vehicle; or
  32-22                    (C)  engage in any other regulated activity,
  32-23  including hunting, fishing, or other recreational activity for
  32-24  which a license or permit is required.
  32-25              (3)  "Licensing authority" means a department,
  32-26  commission, board, office, or other agency of the state or of a
  32-27  municipality or a political subdivision of the state that issues a
   33-1  license.
   33-2              (4)  "Order suspending license" means an order issued
   33-3  by the Title IV-D agency directing a licensing authority to suspend
   33-4  a license.
   33-5              (5)  "Title IV-D agency" means the state agency
   33-6  designated under this chapter to provide services under the federal
   33-7  Social Security Act (42 U.S.C.  Section 301 et seq.).
   33-8              (6)  "Title IV-D case" means an action in which
   33-9  services are being provided by the Title IV-D agency under Title
  33-10  IV, Part D, of the federal Social Security Act (42 U.S.C. Section
  33-11  651 et seq.), seeking the location of an absent parent, the
  33-12  determination of parentage, or to establish, modify, or enforce a
  33-13  child support obligation, filed in a court, administrative agency,
  33-14  or quasi-judicial entity of this or another state.
  33-15        Sec. 76.102.  LICENSING AUTHORITIES SUBJECT TO SUBCHAPTER.
  33-16  The following state agencies are licensing authorities subject to
  33-17  this subchapter:
  33-18              (1)  Department of Agriculture;
  33-19              (2)  Texas Commission on Alcohol and Drug Abuse;
  33-20              (3)  Texas Alcoholic Beverage Commission;
  33-21              (4)  Texas Appraiser Licensing and Certification Board;
  33-22              (5)  Texas Board of Architectural Examiners;
  33-23              (6)  State Board of Barber Examiners;
  33-24              (7)  Texas Board of Chiropractic Examiners;
  33-25              (8)  Comptroller of Public Accounts;
  33-26              (9)  Texas Cosmetology Commission;
  33-27              (10)  Court Reporters Certification Board;
   34-1              (11)  State Board of Dental Examiners;
   34-2              (12)  Texas State Board of Examiners of Dietitians;
   34-3              (13)  Texas Funeral Service Commission;
   34-4              (14)  Texas Department of Health;
   34-5              (15)  Texas Board of Professional Land Surveying;
   34-6              (16)  Texas Department of Licensing and Regulation;
   34-7              (17)  Texas State Board of Examiners of Marriage and
   34-8  Family Therapists;
   34-9              (18)  Texas State Board of Medical Examiners;
  34-10              (19)  Midwifery Board;
  34-11              (20)  Texas Natural Resource Conservation Commission;
  34-12              (21)  Board of Nurse Examiners;
  34-13              (22)  Texas Board of Nursing Facility Administrators;
  34-14              (23)  Texas Board of Occupational Therapy Examiners;
  34-15              (24)  Texas Optometry Board;
  34-16              (25)  Parks and Wildlife Department;
  34-17              (26)  Texas State Board of Examiners of Perfusionists;
  34-18              (27)  Texas State Board of Pharmacy;
  34-19              (28)  Texas Board of Physical Therapy Examiners;
  34-20              (29)  Texas State Board of Plumbing Examiners;
  34-21              (30)  Texas State Board of Podiatry Examiners;
  34-22              (31)  Polygraph Examiners Board;
  34-23              (32)  Texas Board of Private Investigators and Private
  34-24  Security Agencies;
  34-25              (33)  Texas State Board of Examiners of Professional
  34-26  Counselors;
  34-27              (34)  State Board of Registration for Professional
   35-1  Engineers;
   35-2              (35)  Department of Protective and Regulatory Services;
   35-3              (36)  Texas State Board of Examiners of Psychologists;
   35-4              (37)  Texas State Board of Public Accountancy;
   35-5              (38)  Department of Public Safety of the State of
   35-6  Texas;
   35-7              (39)  Public Utility Commission of Texas;
   35-8              (40)  Railroad Commission of Texas;
   35-9              (41)  Texas Real Estate Commission;
  35-10              (42)  State Securities Board;
  35-11              (43)  Texas State Board of Social Worker Examiners;
  35-12              (44)  State Board of Examiners for Speech-Language
  35-13  Pathology and Audiology;
  35-14              (45)  Texas Structural Pest Control Board;
  35-15              (46)  Board of Tax Professional Examiners;
  35-16              (47)  secretary of state;
  35-17              (48)  Texas Supreme Court;
  35-18              (49)  Texas Transportation Commission;
  35-19              (50)  State Board of Veterinary Medical Examiners;
  35-20              (51)  Board of Vocational Nurse Examiners; and
  35-21              (52)  Texas Ethics Commission.
  35-22        Sec. 76.103.  SUSPENSION OF LICENSE.  The Title IV-D agency
  35-23  shall issue an order suspending license as provided by this
  35-24  subchapter if an obligor:
  35-25              (1)  has an arrearage equal to or greater than the
  35-26  total support due for 90 days under a support order;
  35-27              (2)  has been provided an opportunity to make payments
   36-1  toward the child support arrearage under an agreed or court-ordered
   36-2  repayment schedule; and
   36-3              (3)  has failed to comply with the repayment schedule.
   36-4        Sec. 76.104.  PETITION FOR SUSPENSION OF LICENSE.  (a)  A
   36-5  child support agency or obligee may file a petition to suspend a
   36-6  license with the Title IV-D agency in a Title IV-D case.
   36-7        (b)  Proceedings under this subchapter are governed by the
   36-8  contested case provisions in Chapter 2001, Government Code, except
   36-9  that Section 2001.054 of that code does not apply to the
  36-10  proceedings, and the Title IV-D director is the state official
  36-11  responsible for rendering a final decision under Section 2001.062
  36-12  of that code.
  36-13        Sec. 76.105.  CONTENTS OF PETITION.  (a)  A petition under
  36-14  this subchapter must state that license suspension is required
  36-15  under Section 76.103 and must allege:
  36-16              (1)  the name and, if known, social security number of
  36-17  the obligor;
  36-18              (2)  the type of license the obligor is believed to
  36-19  hold and the name of the licensing authority; and
  36-20              (3)  the amount owed under the child support order, the
  36-21  amount of support paid, and the amount of arrearages.
  36-22        (b)  A petition under this subchapter may include as an
  36-23  attachment a copy of the record of child support payments
  36-24  maintained by the Title IV-D registry or local registry.
  36-25        Sec. 76.106.  NOTICE.  (a)  On the filing of a petition under
  36-26  Section 76.104, the Title IV-D agency shall issue to the obligor:
  36-27              (1)  notice of the obligor's right to a hearing before
   37-1  the agency;
   37-2              (2)  notice of the deadline for requesting a hearing;
   37-3  and
   37-4              (3)  a hearing request form.
   37-5        (b)  Notice under this section may be served as in civil
   37-6  cases generally.
   37-7        (c)  The notice must state that an order suspending license
   37-8  shall be rendered on the 60th day after the date of service of the
   37-9  notice unless by that date:
  37-10              (1)  the Title IV-D agency receives proof that all
  37-11  arrearages and the current month's child support obligation have
  37-12  been paid;
  37-13              (2)  the child support agency or obligee files a
  37-14  certification that the obligor is in compliance with a reasonable
  37-15  repayment schedule; or
  37-16              (3)  the obligor appears at a hearing and shows that
  37-17  the request for suspension should be denied or stayed.
  37-18        Sec. 76.107.  HEARING ON PETITION TO SUSPEND LICENSE.  (a)  A
  37-19  request for a hearing and motion to stay suspension must be filed
  37-20  with the Title IV-D agency by the obligor not later than the 20th
  37-21  day after the date of service of the notice under Section 76.106.
  37-22        (b)  If a request for a hearing is filed, the Title IV-D
  37-23  agency shall:
  37-24              (1)  promptly schedule a hearing;
  37-25              (2)  notify each party of the date, time, and location
  37-26  of the hearing; and
  37-27              (3)  stay suspension pending the hearing.
   38-1        (c)  A record of child support payments made by the Title
   38-2  IV-D agency or a local registry is evidence of whether the payments
   38-3  were made.  A copy of the record appearing regular on its face
   38-4  shall be admitted as evidence at a hearing under this subchapter,
   38-5  including a hearing on a motion to revoke a stay.  Either party may
   38-6  offer controverting evidence.
   38-7        Sec. 76.108.  ORDER SUSPENDING LICENSE.  (a)  On making the
   38-8  findings required by Section 76.103, the Title IV-D agency shall
   38-9  render an order suspending license unless the obligor proves that
  38-10  all arrearages and the current month's support have been paid.
  38-11        (b)  The Title IV-D agency may stay the order suspending
  38-12  license conditioned on the obligor's compliance with a reasonable
  38-13  repayment schedule, the terms of which shall be incorporated in the
  38-14  order.  An order suspending license with a stay of suspension may
  38-15  not be served on the licensing authority unless the stay is revoked
  38-16  as provided in this subchapter.
  38-17        (c)  A final order suspending license rendered by the Title
  38-18  IV-D agency shall be forwarded to the appropriate licensing
  38-19  authority.
  38-20        (d)  If the Title IV-D agency renders an order suspending
  38-21  license, the obligor may also be ordered not to engage in the
  38-22  licensed activity.
  38-23        (e)  If the Title IV-D agency finds that the petition for
  38-24  suspension should be denied, the petition shall be dismissed
  38-25  without prejudice and an order suspending license may not be
  38-26  rendered.
  38-27        Sec. 76.109.  DEFAULT ORDER.  The Title IV-D agency shall
   39-1  consider the allegations of the petition for suspension to be
   39-2  admitted and shall render an order suspending license if the
   39-3  obligor fails to:
   39-4              (1)  respond to a notice issued under Section 76.106;
   39-5              (2)  request a hearing; or
   39-6              (3)  appear at a hearing.
   39-7        Sec. 76.110.  REVIEW OF FINAL ADMINISTRATIVE ORDER.  An order
   39-8  issued by a Title IV-D agency under this subchapter is a final
   39-9  agency decision and is subject to review under the substantial
  39-10  evidence rule as provided by Chapter 2001, Government Code.
  39-11        Sec. 76.111.  ACTION BY LICENSING AUTHORITY.  (a)  On receipt
  39-12  of a final order suspending license, the licensing authority shall
  39-13  immediately determine if the authority has issued a license to the
  39-14  obligor named on the order and, if a license has been issued:
  39-15              (1)  record the suspension of the license in the
  39-16  licensing authority's records;
  39-17              (2)  report the suspension as appropriate; and
  39-18              (3)  demand surrender of the suspended license if
  39-19  required by law for other cases in which a license is suspended.
  39-20        (b)  A licensing authority shall implement the terms of a
  39-21  final order suspending license without additional review or
  39-22  hearing.  The authority may provide notice as appropriate to the
  39-23  license holder or to others concerned with the license.
  39-24        (c)  A licensing authority may not modify, remand, reverse,
  39-25  vacate, or stay an order suspending license issued under this
  39-26  subchapter and may not review, vacate, or reconsider the terms of a
  39-27  final order suspending license.
   40-1        (d)  An obligor who is the subject of a final order
   40-2  suspending license is not entitled to a refund for any fee or
   40-3  deposit paid to the licensing authority.
   40-4        (e)  An obligor who continues to engage in the business,
   40-5  occupation, profession, or other licensed activity after the
   40-6  implementation of the order suspending license by the licensing
   40-7  authority is liable for the same civil and criminal penalties
   40-8  provided for engaging in the licensed activity without a license or
   40-9  while a license is suspended as any other license holder of that
  40-10  licensing authority.
  40-11        (f)  A licensing authority is exempt from liability to a
  40-12  license holder for any act authorized under this subchapter
  40-13  performed by the authority.
  40-14        (g)  Except as provided by this subchapter, an order
  40-15  suspending license or dismissing a petition for the suspension of a
  40-16  license does not affect the power of a licensing authority to
  40-17  grant, deny, suspend, revoke, terminate, or renew a license.
  40-18        (h)  The denial or suspension of a driver's license under
  40-19  this subchapter is governed by this subchapter and not by the
  40-20  general licensing provisions of Chapter 173, Acts of the 47th
  40-21  Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
  40-22  Civil Statutes).
  40-23        Sec. 76.112.  MOTION TO REVOKE STAY.  (a)  The obligee,
  40-24  support enforcement agency, or Title IV-D agency may file a motion
  40-25  to revoke the stay of an order suspending license if the obligor
  40-26  does not comply with the terms of a reasonable repayment plan
  40-27  entered into by the obligor.
   41-1        (b)  Notice to the obligor of a motion to revoke the stay of
   41-2  an order suspending license under this section may be given by
   41-3  personal service or by mail to the address provided by the obligor,
   41-4  if any, in the order suspending license.  The notice must include a
   41-5  notice of hearing.  The notice must be provided to the obligor not
   41-6  less than 10 days before the date of the hearing.
   41-7        (c)  A motion to revoke the stay of an order suspending
   41-8  license must allege the manner in which the obligor failed to
   41-9  comply with the repayment plan.
  41-10        (d)  If the Title IV-D agency finds that the obligor is not
  41-11  in compliance with the terms of the repayment plan, the agency
  41-12  shall revoke the stay of the order suspending license and render a
  41-13  final order suspending license.
  41-14        Sec. 76.113.  VACATING OR STAYING ORDER SUSPENDING LICENSE.
  41-15  (a)  The Title IV-D agency may render an order vacating or staying
  41-16  an order suspending license if the obligor has paid all delinquent
  41-17  child support or has established a satisfactory payment record.
  41-18        (b)  The Title IV-D agency shall promptly deliver an order
  41-19  vacating or staying an order suspending license to the appropriate
  41-20  licensing authority.
  41-21        (c)  On receipt of an order vacating or staying an order
  41-22  suspending license, the licensing authority shall promptly issue
  41-23  the affected license to the obligor if the obligor is otherwise
  41-24  qualified for the license.
  41-25        (d)  An order rendered under this section does not affect the
  41-26  right of the child support agency or obligee to any other remedy
  41-27  provided by law, including the right to seek relief under this
   42-1  subchapter.  An order rendered under this section does not affect
   42-2  the power of a licensing authority to grant, deny, suspend, revoke,
   42-3  terminate, or renew a license as otherwise provided by law.
   42-4        Sec. 76.114.  FEE BY LICENSING AUTHORITY.  A licensing
   42-5  authority may charge a fee to an obligor who is the subject of an
   42-6  order suspending license in an amount sufficient to recover the
   42-7  administrative costs incurred by the authority under this
   42-8  subchapter.
   42-9        Sec. 76.115.  COOPERATION BETWEEN LICENSING AUTHORITIES AND
  42-10  TITLE IV-D AGENCY.  (a)  The Title IV-D agency may request from
  42-11  each licensing authority the name, address, social security number,
  42-12  license renewal date, and other identifying information for each
  42-13  individual who holds, applies for, or renews a license issued by
  42-14  the authority.
  42-15        (b)  A licensing authority shall provide the requested
  42-16  information in the manner agreed to by the Title IV-D agency and
  42-17  the licensing authority.
  42-18        (c)  The Title IV-D agency may enter into a cooperative
  42-19  agreement with a licensing authority to administer this subchapter
  42-20  in a cost-effective manner.
  42-21        (d)  The Title IV-D agency may adopt a reasonable
  42-22  implementation schedule for the requirements of this section.
  42-23        Sec. 76.116.  RULES, FORMS, AND PROCEDURES.  The Title IV-D
  42-24  agency by rule shall prescribe forms and procedures for the
  42-25  implementation of this subchapter.
  42-26        (b)  This section applies to:
  42-27              (1)  child support owed and unpaid on or after
   43-1  September 1, 1995, for a child who receives financial assistance
   43-2  under Chapter 31, Human Resources Code; and
   43-3              (2)  a license that is valid on or after that date.
   43-4              ARTICLE 6.  FINANCIAL ASSISTANCE RECIPIENTS
   43-5                          AND OTHERS WHO ARE
   43-6                     ELIGIBLE FOR FEDERAL PROGRAMS
   43-7        SECTION 6.01.  AFDC RECIPIENTS ELIGIBLE FOR FEDERAL PROGRAMS.
   43-8  (a)  Article 4413(502), Revised Statutes, is amended by adding
   43-9  Section 22 to read as follows:
  43-10        Sec. 22.  AFDC RECIPIENTS ELIGIBLE FOR FEDERAL PROGRAMS.  (a)
  43-11  The commission shall assist recipients of financial assistance
  43-12  under Chapter 31, Human Resources Code, who are eligible for
  43-13  assistance under federal programs to apply for benefits under those
  43-14  federal programs.  The commission may delegate this responsibility
  43-15  to one of the health and human services agencies listed under
  43-16  Section 19, contract with a unit of local government, or use any
  43-17  other cost-effective method to assist financial assistance
  43-18  recipients who are eligible for federal programs.
  43-19        (b)  The state shall deduct from the lump-sum payment a
  43-20  recipient receives from the federal government when that person is
  43-21  accepted in the SSI or SSDI program that portion of the
  43-22  consultant's contingency fee that is assignable to the recipient
  43-23  and any state financial assistance paid to that person during the
  43-24  period between the person's application for the federal program and
  43-25  the person's subsequent acceptance into it.
  43-26        (c)  The commission shall organize a planning group involving
  43-27  the Texas Department of Human Services, the Central Education
   44-1  Agency, and the Texas Rehabilitation Commission to:
   44-2              (1)  improve workload coordination between those
   44-3  agencies as necessary to administer this section; and
   44-4              (2)  assist the consultant required by this section by:
   44-5                    (A)  providing the consultant with regulations,
   44-6  procedures, client records, and other necessary information; and
   44-7                    (B)  helping to train state employees to
   44-8  correctly screen applicants under this section.
   44-9        (b)  Not later than January 15, 1997, the planning group
  44-10  required by Section 22, Article 4413(502), Revised Statutes, as
  44-11  added by this section, shall submit to the governor a report on the
  44-12  progress the state has made in transferring recipients of state
  44-13  financial assistance to federal programs.  The commission shall
  44-14  notify members of the legislature and the standing committees of
  44-15  the senate and house of representatives having primary jurisdiction
  44-16  over the commission of the filing of the report.
  44-17        SECTION 6.02.  EMPLOYMENT OPPORTUNITIES FOR PERSONS WITH
  44-18  DISABILITIES.  (a)  Chapter 121, Human Resources Code, is amended
  44-19  by adding Sections 121.0014 and 121.0015 to read as follows:
  44-20        Sec. 121.0014.  VISION STATEMENT.  (a)  The Health and Human
  44-21  Services Commission, each health and human services agency, and
  44-22  each state agency that administers a workforce development program
  44-23  shall adopt the following statement of vision:
  44-24        The State of Texas shall ensure that all Texans with
  44-25        disabilities have the opportunity and support necessary
  44-26        to work in individualized, competitive employment in
  44-27        the community and to have choices about their work and
   45-1        careers.
   45-2        (b)  In this section, "health and human services agency"
   45-3  means an agency listed by Section 19, Article 4413(502), Revised
   45-4  Statutes.
   45-5        Sec. 121.0015.  INTERAGENCY WORK GROUP.  (a)  An interagency
   45-6  work group is created to implement the action plan adopted at the
   45-7  1994 Supported Employment Summit.
   45-8        (b)  The work group is composed of a representative of the:
   45-9              (1)  Central Education Agency, appointed by the
  45-10  commissioner of education;
  45-11              (2)  Texas Commission for the Blind, appointed by the
  45-12  commissioner of that agency;
  45-13              (3)  Texas Department of Mental Health and Mental
  45-14  Retardation, appointed by the commissioner of mental health and
  45-15  mental retardation; and
  45-16              (4)  Texas Rehabilitation Commission, appointed by the
  45-17  commissioner of that agency.
  45-18        (c)  A member of the work group serves at the will of the
  45-19  appointing agency.
  45-20        (d)  The work group shall elect a presiding officer and any
  45-21  other necessary officers.
  45-22        (e)  The work group shall meet at the call of the presiding
  45-23  officer.
  45-24        (f)  The appointing agency is responsible for the expenses of
  45-25  a member's service on the work group.  A member of the work group
  45-26  receives no additional compensation for serving on the work group.
  45-27        (g)  The comptroller shall monitor the work group and the
   46-1  implementation of the action plan.
   46-2        (b)  Not later than November 15, 1996, the comptroller shall
   46-3  submit to the governor a report describing the progress made toward
   46-4  implementing the action plan adopted at the 1994 Supported
   46-5  Employment Summit.  The comptroller shall notify members of the
   46-6  legislature and the standing committees of the senate and house of
   46-7  representatives having primary jurisdiction over the comptroller of
   46-8  the filing of the report.
   46-9        SECTION 6.03.  WORK INCENTIVES.  Subchapter B, Chapter 111,
  46-10  Human Resources Code, is amended by adding Section 111.0205 to read
  46-11  as follows:
  46-12        Sec. 111.0205.  WORK INCENTIVES AND SUPPLEMENTAL SECURITY
  46-13  INCOME (SSI).  (a)  The commission shall employ a person at the
  46-14  commission's central office to:
  46-15              (1)  train counselors to understand and use work
  46-16  incentives; and
  46-17              (2)  review cases to ensure that commission clients are
  46-18  informed of the availability of and assisted in obtaining work
  46-19  incentives and Supplemental Security Income (SSI) (42 U.S.C.
  46-20  Section 1381 et seq.).
  46-21        (b)  The commission shall ensure that each contract to
  46-22  provide services to clients of a local mental health and mental
  46-23  retardation authority includes a provision requiring the authority
  46-24  to:
  46-25              (1)  train counselors about federal social security
  46-26  incentives to fund supported employment;
  46-27              (2)  determine each client's eligibility for work
   47-1  incentives and SSI; and
   47-2              (3)  provide clients and their families with related
   47-3  information.
   47-4        SECTION 6.04.  CONTRACTING FOR SUPPLEMENTAL SECURITY INCOME
   47-5  (S.S.I.).  Section 533.034, Health and Safety Code, is amended to
   47-6  read as follows:
   47-7        Sec. 533.034.  AUTHORITY TO CONTRACT FOR COMMUNITY-BASED
   47-8  SERVICES.  (a)  The department may cooperate, negotiate, and
   47-9  contract with local agencies, hospitals, private organizations and
  47-10  foundations, community centers, physicians, and other persons to
  47-11  plan, develop, and provide community-based mental health and mental
  47-12  retardation services.
  47-13        (b)  The department shall ensure that services to clients of
  47-14  local mental health and mental retardation authorities include a
  47-15  provision requiring the local authority to:
  47-16              (1)  train counselors to work with the Supplemental
  47-17  Security Income (SSI) (42 U.S.C. Section 1381 et seq.) program to
  47-18  fund supported employment;
  47-19              (2)  determine each client's eligibility for work
  47-20  incentives and SSI; and
  47-21              (3)  provide clients and their families with
  47-22  information related to those federal programs.
  47-23        SECTION 6.05.  COMPETITIVE EMPLOYMENT.  (a)  Section
  47-24  21.510(e), Education Code, is amended to read as follows:
  47-25        (e)  Each school district shall develop and annually review
  47-26  an individual transition plan (ITP) for each student enrolled in a
  47-27  special education program who is at least 16 years of age.  The ITP
   48-1  shall include a goal of competitive employment.  The ITP shall be
   48-2  developed in a separate document from the individualized education
   48-3  program (IEP) and shall not be considered a part of the IEP.  The
   48-4  school district shall coordinate development of the ITP with any
   48-5  participating agency as provided in the memorandum of understanding
   48-6  in order to provide continuity and coordination of services among
   48-7  the various agencies and between the ITP and IEP.  The district
   48-8  shall request the participation in the development of the ITP of
   48-9  any participating agency recommended by school personnel or
  48-10  requested by the student or the student's parent.  The district
  48-11  shall invite the student and the student's parents or guardians to
  48-12  participate in the development of the ITP.  Only those components
  48-13  of the ITP which are the responsibility of the district shall be
  48-14  incorporated into the student's IEP.  Only the failure to implement
  48-15  those components of a student's ITP which are included in the IEP
  48-16  and are the responsibility of the school district shall be subject
  48-17  to the due process procedures of the Education of the Handicapped
  48-18  Act, Public Law 94-142 (20 U.S.C.  Section 1400 et seq.) or to
  48-19  Central Education Agency complaint procedures.  The failure of the
  48-20  district to develop and annually review an ITP for a student shall
  48-21  be subject only to the Central Education Agency complaint
  48-22  procedures and not to the due process procedures of the Education
  48-23  of the Handicapped Act, Public Law 94-142 (20 U.S.C. Section 1400
  48-24  et seq.).  A monitoring visit under Section 21.509 of this code
  48-25  shall include a review of the transition planning requirements
  48-26  under this section.  A school district is not liable for the
  48-27  failure of another agency to implement those components of the ITP
   49-1  that are designated as the responsibility of that agency under the
   49-2  memorandum of understanding.
   49-3        (b)  Section 21.510(e), Education Code, as amended by this
   49-4  section, applies to an individual transition plan developed for
   49-5  each school year beginning with the 1995-1996 school year.
   49-6        (c)  The Central Education Agency shall study the possible
   49-7  effects of amending Section 21.510, Education Code, to require the
   49-8  development of an individual transition plan for each child who is
   49-9  at least 14 years of age.  Not later than November 15, 1996, the
  49-10  agency shall submit to the governor and the legislature a report on
  49-11  the effects of changing the age requirement.
  49-12        SECTION 6.06.  FEDERAL FUNDING:  MENTAL HEALTH SERVICES.
  49-13  Subchapter B, Chapter 533, Health and Safety Code, is amended by
  49-14  adding Section 533.046 to read as follows:
  49-15        Sec. 533.046.  FEDERAL FUNDING FOR MENTAL HEALTH SERVICES FOR
  49-16  CHILDREN AND FAMILIES.  (a)  The department shall enter into an
  49-17  interagency agreement with the Texas Department of Human Services
  49-18  to:
  49-19              (1)  amend the eligibility requirements of the state's
  49-20  emergency assistance plan under Title IV-A, Social Security Act (42
  49-21  U.S.C. Section 601 et seq.), to include mental health emergencies;
  49-22  and
  49-23              (2)  prescribe the procedures the agencies will use to
  49-24  delegate to the department and to local mental health and mental
  49-25  retardation authorities the administration of mental health
  49-26  emergency assistance.
  49-27        (b)  The interagency agreement must provide that:
   50-1              (1)  the department certify to the Texas Department of
   50-2  Human Services the nonfederal expenditures for which the state will
   50-3  claim federal matching funds; and
   50-4              (2)  the Texas Department of Human Services retain
   50-5  responsibility for making final eligibility decisions.
   50-6        (c)  The department shall allocate to local mental health and
   50-7  mental retardation authorities 66 percent of the federal funds
   50-8  received under this section.
   50-9        SECTION 6.07.  FEDERAL FUNDING:  CHEMICAL DEPENDENCY
  50-10  SERVICES.  (a)  Article 4413(502), Revised Statutes, is amended by
  50-11  adding Section 10A to read as follows:
  50-12        Sec. 10A.  FEDERAL FUNDING FOR CHEMICAL DEPENDENCY SERVICES.
  50-13  The commission shall coordinate with the Texas Commission on
  50-14  Alcohol and Drug Abuse and the Texas Department of Human Services
  50-15  to amend the eligibility requirements of the state's emergency
  50-16  assistance plan under Title IV-A, Social Security Act (42 U.S.C.
  50-17  Section 601 et seq.), to include either a child or a significant
  50-18  adult in a child's family who needs chemical dependency treatment.
  50-19        (b)  The Texas Department on Alcohol and Drug Abuse shall
  50-20  continue to study the feasibility of amending the state's Medicaid
  50-21  plan to include chemical dependency treatment as an allowable
  50-22  service.
  50-23        SECTION 6.08.  FEDERAL FUNDS; FOSTER CARE.  (a)  Article
  50-24  4413(503), Revised Statutes, is amended by adding Section 12A to
  50-25  read as follows:
  50-26        Sec. 12A.  FEDERAL FUNDING FOR CERTAIN CHILDREN.  (a)  For
  50-27  purposes of Medicaid eligibility only, the department shall
   51-1  classify as a "child in foster care" each child who is in the
   51-2  conservatorship of the state and placed in the home of a relative.
   51-3  A child classified as a "child in foster care" under this
   51-4  subsection is not automatically eligible to receive foster care
   51-5  payments because of that classification.
   51-6        (b)  The department shall ensure that each time study used to
   51-7  allocate costs identifies all costs incurred on behalf of a child
   51-8  if the child's case plan clearly indicates that foster care is the
   51-9  planned arrangement for that child.
  51-10        (c)  The department shall claim federal financial
  51-11  participation under Title IV-E, Social Security Act (42 U.S.C.
  51-12  Section 670 et seq.), for all nonrecurring adoption expenses at the
  51-13  highest rate authorized by federal law.  The department shall
  51-14  include all charges from state attorneys and state courts and any
  51-15  applicable overhead.  The department may claim the expenses as
  51-16  either administrative or training expenses, depending on which
  51-17  classification results in a higher federal match.
  51-18        (b)  The Department of Protective and Regulatory Services
  51-19  shall file an adjustment to its previous quarterly claims under
  51-20  Title IV-E, Social Security Act (42 U.S.C. Section 670 et seq.), to
  51-21  claim retroactive federal financial participation for the
  51-22  incremental difference for each quarter in which nonrecurring
  51-23  adoption expenses have been identified as a legitimate expense.
  51-24        (c)  The department shall request a waiver from the federal
  51-25  two-year limitation on the period in which the state can file
  51-26  certain claims in accordance with Section 1320b-2(b), Social
  51-27  Security Act (42 U.S.C. Section 1320b-2(b)).  If the waiver is
   52-1  denied, the department shall exhaust all administrative remedies
   52-2  and, if necessary, seek judicial review to obtain a court order
   52-3  reducing the claim to judgment and mandating retroactive payment.
   52-4        SECTION 6.09.  FEDERAL TAX CREDIT.  Subchapter B, Chapter
   52-5  403, Government Code, is amended by adding Section 403.024 to read
   52-6  as follows:
   52-7        Sec. 403.024.  FEDERAL EARNED INCOME TAX CREDIT.  (a)  The
   52-8  comptroller's office is the lead state agency in promoting
   52-9  awareness of the federal earned income tax credit program for
  52-10  working families.
  52-11        (b)  The comptroller shall recruit other state agencies and
  52-12  the governor's office to participate in a coordinated campaign to
  52-13  increase awareness of the federal tax program.
  52-14      ARTICLE 7.  ADULT EDUCATION; PILOT PROGRAMS FOR ASSISTANCE
  52-15        SECTION 7.01.  ADULT LEARNING LABS FOR AFDC CLIENTS.
  52-16  Subchapter A, Chapter 11, Education Code, is amended by adding
  52-17  Section 11.2093 to read as follows:
  52-18        Sec. 11.2093.  EDUCATE TEXAS PROGRAM.  (a)  The Educate Texas
  52-19  Program is created to provide adult education services to clients
  52-20  of Aid to Families with Dependent Children who are referred to the
  52-21  program under Section 31.0124, Human Resources Code.
  52-22        (b)  The Central Education Agency, the Texas Higher Education
  52-23  Coordinating Board, and the state agency charged with primary
  52-24  responsibility for job training, employment, and workforce
  52-25  development shall jointly develop a system of adult education
  52-26  learning laboratories in public schools, community colleges, and
  52-27  other publicly owned facilities under this program to provide the
   53-1  following emergency services, as needed, to a person eligible to
   53-2  receive Aid to Families with Dependent Children:
   53-3              (1)  development of literacy in English and proficiency
   53-4  in oral and written language skills;
   53-5              (2)  preparation for a high school equivalency
   53-6  examination;
   53-7              (3)  training in parenting skills;
   53-8              (4)  training in principles of family dynamics and
   53-9  family responsibility;
  53-10              (5)  family counseling and case management;
  53-11              (6)  employment readiness training in such areas as
  53-12  work ethics and interview skills; and
  53-13              (7)  on-site child-care services as necessary to allow
  53-14  a person to participate in the training and education services
  53-15  under this subsection.
  53-16        SECTION 7.02.  ELIGIBILITY FOR ADULT LEARNING LABS.
  53-17  Subchapter A, Chapter 31, Human Resources Code, is amended by
  53-18  adding Section 31.0124 to read as follows:
  53-19        Sec. 31.0124.  REFERRAL TO EDUCATIONAL PROGRAMS.  The
  53-20  department shall determine whether a person who registers to
  53-21  participate in the job opportunities and basic skills training
  53-22  program needs and is eligible for adult education services provided
  53-23  under Section 11.2093, Education Code.  If the person is eligible
  53-24  for the adult education services, the department shall determine
  53-25  the person's needs and goals and refer the person to the
  53-26  appropriate adult education service provided under Section 11.2093,
  53-27  Education Code.
   54-1        SECTION 7.03.  ADULT LITERACY AND LEARNING PROGRAMS.  Chapter
   54-2  88, Education Code, is amended by adding Subchapter G to read as
   54-3  follows:
   54-4                    SUBCHAPTER G.  TEXAS CENTER FOR
   54-5                      ADULT LITERACY AND LEARNING
   54-6        Sec. 88.541.  DUTIES OF TEXAS CENTER FOR ADULT LITERACY AND
   54-7  LEARNING.  (a) The Texas Center for Adult Literacy and Learning
   54-8  shall evaluate instructional videotapes or similar recorded
   54-9  materials generally available for use in providing adult literacy
  54-10  instruction and from time to time shall publish a guide describing
  54-11  and evaluating those videotapes and materials. The center shall
  54-12  encourage cable companies and other appropriate entities to use the
  54-13  guide in selecting materials to use in broadcasting and may take
  54-14  other action to promote the broadcast or dissemination of workbooks
  54-15  and other materials the center considers effective in teaching
  54-16  adult literacy.
  54-17        (b)  The center shall develop voluntary standards for the
  54-18  curriculum and workbooks and other materials used in adult literacy
  54-19  programs, including programs for teaching English as a second
  54-20  language.  To develop the standards, the center shall organize an
  54-21  advisory group and shall encourage the participation of major
  54-22  providers of adult literacy programs in this state, including
  54-23  private nonprofit organizations, institutions of education, and
  54-24  correctional facilities.  The Texas Department of Criminal Justice
  54-25  shall designate an employee of the department to participate in the
  54-26  initial development of the standards.
  54-27        (c)  In connection with the standards developed under
   55-1  Subsection (b), the center shall develop workbooks and other
   55-2  materials to be used by teachers and students in adult literacy
   55-3  programs to track the progress of the student and to allow the
   55-4  student to understand and maintain a record of the student's
   55-5  progress and proficiency.
   55-6        (d)  The center shall develop and update as necessary
   55-7  informational brochures, promotional posters, workbooks, or similar
   55-8  materials suitable for distribution to state employees or the
   55-9  general public describing the need for adult literacy and education
  55-10  services in this state and encouraging qualified persons to support
  55-11  or volunteer to assist programs that provide those services.  As
  55-12  the center determines appropriate, the center may provide samples
  55-13  of those workbooks and other materials to the governing boards or
  55-14  chief executive officers of state agencies, including institutions
  55-15  of higher education, and to other employers and institutions in
  55-16  this state and shall encourage those entities to distribute or make
  55-17  available the workbooks and other materials to their employees.
  55-18        SECTION 7.04.  LITERACY:  ENGLISH AS A SECOND LANGUAGE.
  55-19  Subchapter B, Chapter 13, Education Code, is amended by adding
  55-20  Section 13.044 to read as follows:
  55-21        Sec. 13.044.  ADULT LITERACY AND ENGLISH AS A SECOND LANGUAGE
  55-22  CURRICULUM.  (a) Each general academic teaching institution, as
  55-23  defined by Section 61.003, that conducts an approved teacher
  55-24  education program shall include in the curriculum of at least one
  55-25  course in the program a unit that introduces the students to the
  55-26  fundamentals of teaching adult literacy and English as a second
  55-27  language courses.
   56-1        (b)  If the institution operates a center for professional
   56-2  development and technology in connection with its teacher education
   56-3  program, the institution through the center may provide interested
   56-4  students in the education program with opportunities for
   56-5  internships or other field-based training and experience in
   56-6  teaching adult literacy or English as a second language.
   56-7        SECTION 7.05.  PILOT PROGRAM TO ASSIST AFDC CLIENTS IN
   56-8  ACHIEVING SELF-SUFFICIENCY.  (a)  The Texas Department of Human
   56-9  Services shall establish a pilot program to extend the period of
  56-10  supported employment for families who receive financial assistance
  56-11  under Chapter 31, Human Resources Code, to help those families
  56-12  become self-sufficient.  In establishing this program the
  56-13  department may:
  56-14              (1)  use a form of fill-the-gap budgeting; or
  56-15              (2)  extend transitional benefits to 24 months.
  56-16        (b)  If the department chooses to extend transitional
  56-17  benefits to 24 months, the department shall determine whether
  56-18  purchasing medical coverage for participants through the state's
  56-19  Uniform Group Insurance Program is more cost-effective than
  56-20  Medicaid coverage.
  56-21        (c)  The department shall report to the governor regarding
  56-22  the program's success in assisting families in becoming more
  56-23  self-sufficient.  The department shall notify members of the 75th
  56-24  and 76th legislatures and the standing committees of the senate and
  56-25  house of representatives having primary jurisdiction over the
  56-26  department of the filing of the report.
  56-27        (d)  In this section, "fill-the-gap budgeting" means a system
   57-1  of budgeting in which benefits are gradually lowered using a
   57-2  percentage of the difference between the standard of need and the
   57-3  countable income to calculate the grant benefit.
   57-4        (e)  This section expires September 1, 1999.
   57-5        SECTION 7.06.  PILOT PROGRAM:  EMERGENCY ASSISTANCE FOR
   57-6  NON-AFDC FAMILIES IN A CRISIS.  (a)  The Texas Department of Human
   57-7  Services shall seek federal funding that would allow the department
   57-8  to establish an emergency assistance pilot program to support
   57-9  families who are not receiving financial assistance under Chapter
  57-10  31, Human Resources Code, who are in a crisis, and who would
  57-11  otherwise be eligible for financial assistance.
  57-12        (b)  The department shall establish the pilot program in a
  57-13  high-employment area of the state or an area that uses the
  57-14  electronic benefits transfer system.
  57-15        (c)  The department by rule shall develop guidelines to
  57-16  administer the program, including:
  57-17              (1)  eligibility guidelines;
  57-18              (2)  guidelines specifying whether the assistance is a
  57-19  one-time cash payment to a family; and
  57-20              (3)  guidelines specifying whether an applicant who
  57-21  receives the emergency assistance must agree to forgo applying for
  57-22  financial assistance under Chapter 31, Human Resources Code, for
  57-23  one year, or another appropriate limitation determined by the
  57-24  department.
  57-25        (d)  The department shall report to the governor regarding
  57-26  the program's success in helping families in a crisis avoid
  57-27  becoming AFDC clients. The department shall notify members of the
   58-1  75th and 76th legislatures and the standing committees of the
   58-2  senate and house of representatives having primary jurisdiction
   58-3  over the department of the filing of the report.
   58-4        (e)  This section expires September 1, 1999.
   58-5        SECTION 7.07.  PILOT PROGRAM:  SAVINGS ACCOUNTS FOR AFDC
   58-6  RECIPIENTS.  (a)  In conjunction with the state treasurer, the
   58-7  Texas Department of Human Services shall establish a pilot program
   58-8  to create individual development accounts for individuals who are
   58-9  receiving financial assistance under Chapter 31, Human Resources
  58-10  Code, to encourage recipients to achieve self-sufficiency.
  58-11        (b)  The department by rule may provide for:
  58-12              (1)  the number of financial assistance recipients who
  58-13  may participate in the program; and
  58-14              (2)  the maximum amount that may be saved by a
  58-15  participant.
  58-16        (c)  The department shall encourage private sector employers
  58-17  to provide matching funds for employed recipients of financial
  58-18  assistance who are participating in this program.
  58-19        (d)  The department shall report to the governor regarding
  58-20  the success of the program.  The department shall notify members of
  58-21  the 75th and 76th legislatures and the standing committees of the
  58-22  senate and house of representatives having primary jurisdiction
  58-23  over the department of the filing of the report.
  58-24        (e)  This section expires September 1, 1999.
  58-25     ARTICLE 8.  PRIVATIZATION; INTEGRATED ELIGIBILITY; FRAUD AND
  58-26                     ERROR PREVENTION; TASK FORCE
  58-27        SECTION 8.01.  PRIVATIZATION STUDY.  (a)  The State Council
   59-1  on Competitive Government shall analyze the costs and benefits of
   59-2  contracting with private entities to perform certain functions of
   59-3  the Texas Department of Human Services' financial assistance
   59-4  program under Chapter 31, Human Resources Code.  The council shall
   59-5  study the program's methods of:
   59-6              (1)  determining eligibility;
   59-7              (2)  assisting a financial aid recipient who is seeking
   59-8  a job; and
   59-9              (3)  detecting fraud in the system.
  59-10        (b)  Other state agencies shall cooperate with the State
  59-11  Council on Competitive Government as necessary to implement this
  59-12  section.
  59-13        (c)  The State Council on Competitive Government shall
  59-14  complete its study regarding privatization of some of the functions
  59-15  of the Texas Department of Human Services not later than September
  59-16  1, 1996.  Not later than January 15, 1997, the council shall submit
  59-17  to the governor a report on its findings.  The council shall notify
  59-18  members of the legislature and the standing committees of the
  59-19  senate and house of representatives having primary jurisdiction
  59-20  over the council of the filing of the report.
  59-21        (d)  This section expires February 1, 1997.
  59-22        SECTION 8.02.  INTEGRATED ELIGIBILITY DETERMINATION.  (a)
  59-23  Not later than September 1, 1996, the Health and Human Services
  59-24  Commission shall have completed the development and substantial
  59-25  implementation of a plan for an integrated eligibility
  59-26  determination and service delivery system for health and human
  59-27  services at the local and regional levels that does not reduce the
   60-1  state's total receipt of federal funds.  The plan shall specify the
   60-2  dates by which all elements of the plan must be implemented.
   60-3        (b)  The integrated eligibility determination and service
   60-4  delivery system shall be developed and implemented to achieve at
   60-5  least a one percent savings in the cost of providing administrative
   60-6  and other services and staff resulting from streamlining and
   60-7  eliminating duplication of services.  The commission shall use the
   60-8  resulting savings to further develop the integrated system and to
   60-9  provide other health and human services.
  60-10        (c)  The commission shall report savings resulting from
  60-11  implementation of the plan to local, state, and federal agencies.
  60-12        (d)  In consultation and coordination with the State Council
  60-13  on Competitive Government, the commission shall make and implement
  60-14  recommendations on services or functions of the integrated
  60-15  eligibility determination and service delivery system that could be
  60-16  provided more effectively through the use of competitive bidding or
  60-17  by contracting with local governments and other appropriate
  60-18  entities.  If the commission determines that private contracting
  60-19  may be effective, the commission may automate the determination of
  60-20  client eligibility by contracting with a private firm to conduct
  60-21  application processing.
  60-22        (e)  Not later than October 1, 1996, the commission shall
  60-23  develop a plan to consolidate administrative and service delivery
  60-24  functions in addition to the integrated eligibility determination
  60-25  and service delivery system in order to eliminate any remaining
  60-26  duplication.  Not later than January 15, 1997, the commission shall
  60-27  submit a report of the plan to the governor.  The commission shall
   61-1  notify members of the 75th Legislature and the standing committees
   61-2  of the senate and house of representatives having primary
   61-3  jurisdiction over the commission of the filing of the report.
   61-4        SECTION 8.03.  STREAMLINING ELIGIBILITY DETERMINATION.  (a)
   61-5  The Health and Human Services Commission shall expand its existing
   61-6  integrated eligibility pilot programs to include the Harris County
   61-7  Hospital District and The University of Texas Medical Branch at
   61-8  Galveston.
   61-9        (b)  A contract with the Harris County Hospital District or
  61-10  The University of Texas Medical Branch at Galveston shall:
  61-11              (1)  specify performance-based measures to ensure error
  61-12  rates are kept within acceptable federal limits; and
  61-13              (2)  authorize the district and medical branch to
  61-14  simplify processes as much as possible and to use proprietary
  61-15  software.
  61-16        (c)  The Texas Department of Human Services shall establish
  61-17  standards for other automated systems to allow other entities to
  61-18  file information directly.
  61-19        (d)  The Health and Human Services Commission shall study the
  61-20  feasibility of enabling contractors or agencies other than the
  61-21  Texas Department of Human Services to provide or assist in the
  61-22  provision of client eligibility studies, determinations, and
  61-23  certifications.  In determining feasibility, the commission shall
  61-24  consider:
  61-25              (1)  error rates;
  61-26              (2)  the state's potential liability;
  61-27              (3)  expansion of the client population; and
   62-1              (4)  the federal single state agency restrictions.
   62-2        SECTION 8.04.  INTEGRATED SERVICE DELIVERY.  (a)  Not later
   62-3  than September 1, 1997, the Health and Human Services Commission
   62-4  shall develop, using existing state, local, and private resources,
   62-5  an integrated approach to the health and human service delivery
   62-6  system that includes a cost-effective one-stop or service center
   62-7  method of delivery to a client.  The commission shall determine the
   62-8  feasibility of using hospitals, schools, mental health and mental
   62-9  retardation centers, health clinics, commercial locations in malls,
  62-10  and other appropriate locations to achieve this integrated
  62-11  approach.
  62-12        (b)  The health and human services agencies shall cooperate
  62-13  with the commission in developing the integrated approach
  62-14  prescribed by Subsection (a) of this section.
  62-15        (c)  This section expires September 1, 1997.
  62-16        SECTION 8.05.  OVERSIGHT GROUP.  A group composed of the
  62-17  following persons shall oversee the Health and Human Services
  62-18  Commission's development and implementation of the plan for an
  62-19  integrated eligibility determination and service delivery system:
  62-20              (1)  a representative from the governor's office,
  62-21  designated by the governor;
  62-22              (2)  a representative from the lieutenant governor's
  62-23  office, designated by the lieutenant governor;
  62-24              (3)  a representative from the office of the speaker of
  62-25  the house of representatives, designated by the speaker;
  62-26              (4)  a representative from the comptroller's office,
  62-27  designated by the comptroller; and
   63-1              (5)  a representative from the Legislative Budget
   63-2  Board, designated by the director of the Legislative Budget Board.
   63-3        SECTION 8.06.  PUBLIC ASSISTANCE FRAUD OVERSIGHT TASK FORCE.
   63-4  Chapter 21, Human Resources Code, is amended by adding Section
   63-5  21.0145 to read as follows:
   63-6        Sec. 21.0145.  PUBLIC ASSISTANCE FRAUD OVERSIGHT TASK FORCE.
   63-7  (a)  The Public Assistance Fraud Oversight Task Force is created to
   63-8  advise and assist the department and the department's office of the
   63-9  inspector general in improving the efficiency of fraud
  63-10  investigations and collections.
  63-11        (b)  The task force is composed of a representative of the:
  63-12              (1)  attorney general's office, appointed by the
  63-13  attorney general;
  63-14              (2)  comptroller's office, appointed by the
  63-15  comptroller;
  63-16              (3)  Department of Public Safety, appointed by the
  63-17  public safety director;
  63-18              (4)  state auditor's office, appointed by the state
  63-19  auditor; and
  63-20              (5)  Texas Department of Human Services, appointed by
  63-21  the commissioner of human services.
  63-22        (c)  The comptroller or the comptroller's designee serves as
  63-23  the presiding officer of the task force.  The task force may elect
  63-24  any other necessary officers.
  63-25        (d)  The task force shall meet at least once each fiscal
  63-26  quarter at the call of the presiding officer.
  63-27        (e)  The appointing agency is responsible for the expenses of
   64-1  a member's service on the task force.  Members of the task force
   64-2  receive no additional compensation for serving on the task force.
   64-3        (f)  At least once each fiscal quarter, the department's
   64-4  office of the inspector general shall provide to the task force:
   64-5              (1)  information detailing:
   64-6                    (A)  the number of fraud referrals made to the
   64-7  office and the origin of each referral;
   64-8                    (B)  the time spent investigating each case;
   64-9                    (C)  the number of cases investigated each month,
  64-10  by program and region;
  64-11                    (D)  the dollar value of each fraud case that
  64-12  results in a criminal conviction; and
  64-13                    (E)  the number of cases the office rejects and
  64-14  the reason for rejection, by region; and
  64-15              (2)  any additional information the task force
  64-16  requires.
  64-17        SECTION 8.07.  FRAUD PREVENTION.  (a)  Chapter 22, Human
  64-18  Resources Code, is amended by adding Section 22.027 to read as
  64-19  follows:
  64-20        Sec. 22.027.  FRAUD PREVENTION.  (a)  The department's office
  64-21  of the inspector general shall compile and disseminate accurate
  64-22  information and statistics relating to:
  64-23              (1)  fraud prevention; and
  64-24              (2)  post-fraud referrals received and accepted or
  64-25  rejected from the department's case management system and employee
  64-26  referrals.
  64-27        (b)  The department shall:
   65-1              (1)  aggressively publicize successful fraud
   65-2  prosecutions; and
   65-3              (2)  establish and promote a toll-free hotline for
   65-4  reporting suspected fraud in programs administered by the
   65-5  department.
   65-6        (c)  The department shall develop a cost-effective method of
   65-7  identifying applicants for public assistance in counties bordering
   65-8  other states and in metropolitan areas selected by the department
   65-9  who are already receiving benefits in other states.  If
  65-10  economically feasible, the department may develop a computerized
  65-11  matching system.
  65-12        (d)  The department shall:
  65-13              (1)  develop a cost-effective system of verifying
  65-14  automobile information through the Texas Department of
  65-15  Transportation's motor vehicle database for new applicants and
  65-16  current recipients of food stamps and financial assistance under
  65-17  Chapter 31; and
  65-18              (2)  establish a computerized matching system with the
  65-19  Texas Department of Criminal Justice to prevent an incarcerated
  65-20  individual from illegally receiving public assistance benefits
  65-21  administered by the department.
  65-22        (b)  The Texas Department of Human Services shall:
  65-23              (1)  evaluate the costs and benefits of the five-day
  65-24  time limit the department prescribes for the investigation of fraud
  65-25  prevention referrals; and
  65-26              (2)  consider lowering the criteria for acceptance by
  65-27  the department's office of the inspector general of post-fraud
   66-1  referrals.
   66-2        (c)  If the department lowers the criteria for accepting
   66-3  post-fraud referrals, the department shall require each department
   66-4  office to apply that criteria.
   66-5        SECTION 8.08.  PREVENTING FRAUD THROUGH VEHICLE REGISTRATION.
   66-6  Section 24, Certificate of Title Act (Article 6687-1, Vernon's
   66-7  Texas Civil Statutes), is amended to read as follows:
   66-8        Sec. 24.  The term "Certificate of Title" means a written
   66-9  instrument which may be issued solely by and under the authority of
  66-10  the department, and which must give the following data together
  66-11  with such other data as the department may require from time to
  66-12  time:
  66-13              (a)  The name and address of the purchaser and seller
  66-14  at first sale or transferee and transferor at any subsequent sale.
  66-15              (b)  The purchaser or transferee's social security
  66-16  number, as listed in the application, on a title that originates in
  66-17  a county where an automated registration and title system has been
  66-18  implemented by the department.
  66-19              (c)  The make.
  66-20              (d) <(c)>  The body type.
  66-21              (e) <(d)>  The motor number.
  66-22              At such time as the stamping of permanent
  66-23  identification numbers on motor vehicles in a manner and place
  66-24  easily accessible for physical examination is universally adopted
  66-25  by motor vehicle manufacturers as the permanent vehicle
  66-26  identification, the department is authorized to use such permanent
  66-27  identification number as the major identification of motor vehicles
   67-1  subsequently manufactured.  The motor number will continue to be
   67-2  the major identification of vehicles manufactured before such
   67-3  change is adopted.
   67-4              (f) <(e)>  The serial number.
   67-5              (g) <(f)>  The license number of the current Texas
   67-6  plates.
   67-7              (h) <(g)>  The names and addresses and dates of any
   67-8  liens on the motor vehicle, in chronological order of recordation.
   67-9              (i) <(h)>  If no liens are registered on the motor
  67-10  vehicle, a statement of such fact.
  67-11              (j) <(i)>  A space for the signature of the owner and
  67-12  the owner shall write his name with pen and ink in such space upon
  67-13  receipt of the certificate.
  67-14              (k) <(j)>  A statement indicating "rights of
  67-15  survivorship" when an agreement providing that the motor vehicle is
  67-16  to be held between a husband and his wife jointly with the interest
  67-17  of either spouse who dies to survive to the surviving spouse is
  67-18  surrendered with the application for certificate of title.  This
  67-19  agreement is valid only if signed by both husband and wife and, if
  67-20  signed, the certificate shall be issued in the name of both.
  67-21              (l) <(k)>  If the motor vehicle is equipped with an
  67-22  odometer, the number of miles the motor vehicle has travelled as
  67-23  reflected by the application.
  67-24        SECTION 8.09.  PREVENTING FRAUD THROUGH VEHICLE REGISTRATION
  67-25  DATABASE.  Section 17A, Chapter 88, General Laws, Acts of the 41st
  67-26  Legislature, 2nd Called Session, 1929 (Article 6675a-17A, Vernon's
  67-27  Texas Civil Statutes), is amended by amending Subsection (b) and
   68-1  adding Subsection (c) to read as follows:
   68-2        (b)  This section does not apply to the release of
   68-3  information to:
   68-4              (1)  a peace officer, as that term is defined in
   68-5  Article 2.12, Code of Criminal Procedure, if the officer is acting
   68-6  in an official capacity; or
   68-7              (2)  an official of the state, a city, town, county,
   68-8  special district, or other political subdivision of the state if
   68-9  the official is requesting the information for tax purposes or for
  68-10  the purpose of determining eligibility for a state public
  68-11  assistance program.
  68-12        (c)  The Texas Department of Transportation shall provide a
  68-13  dedicated line to its vehicle registration record database for use
  68-14  by other state agencies.   Access to records and transmission of
  68-15  information under this subsection does not affect whether the
  68-16  information is subject to disclosure under Chapter 552, Government
  68-17  Code.
  68-18        SECTION 8.10.  ELECTRONIC IMAGING PROGRAM.  (a)  Subchapter
  68-19  B, Chapter 31, Human Resources Code, is amended by adding Section
  68-20  31.0325 to read as follows:
  68-21        Sec. 31.0325.  ELECTRONIC IMAGING PROGRAM.  (a)  In
  68-22  conjunction with other appropriate agencies, the Texas Department
  68-23  of Human Services by rule shall develop a program to prevent
  68-24  welfare fraud by using a type of electronic fingerprint-imaging or
  68-25  photo-imaging of adult and teen parent applicants for and adult and
  68-26  teen parent recipients of financial assistance under this chapter.
  68-27        (b)  In adopting rules under this section, the department
   69-1  shall ensure that any electronic imaging performed by the
   69-2  department is strictly confidential and is used only to prevent
   69-3  fraud by adult and teen parent recipients of assistance.
   69-4        (c)  The department shall:
   69-5              (1)  model the system after the California automated
   69-6  fingerprint image reporting and match system (AFIRM);
   69-7              (2)  establish the program in conjunction with an
   69-8  electronic benefits transfer program;
   69-9              (3)  use an imaging system; and
  69-10              (4)  provide for gradual implementation of this section
  69-11  by selecting specific counties or areas of the state as test sites.
  69-12        (d)  Each fiscal quarter, the department shall submit to the
  69-13  governor and the legislature a report on the status and progress of
  69-14  the programs in the test sites selected under Subsection (c)(4).
  69-15        (b)  The Texas Department of Human Services shall establish
  69-16  the initial electronic imaging program required by Section 31.0325,
  69-17  Human Resources Code, as added by this section, not later than
  69-18  January 1, 1996.
  69-19        SECTION 8.11.  ERROR-RATE REDUCTION.  (a)  Chapter 22, Human
  69-20  Resources Code, is amended by adding Sections 22.025 and 22.026 to
  69-21  read as follows:
  69-22        Sec. 22.025.  ERROR-RATE REDUCTION.  (a)  The department
  69-23  shall:
  69-24              (1)  set progressive goals for improving the
  69-25  department's error rates in the aid to families with dependent
  69-26  children and food stamp programs; and
  69-27              (2)  develop a specific schedule to meet those goals.
   70-1        (b)  Each fiscal quarter, the department shall prepare a
   70-2  report detailing the progress the department has made in reaching
   70-3  its goals.  The report must include an analysis by region of the
   70-4  department's goals and performance relating to error-rate
   70-5  reduction.  The department shall send a copy of the report to the
   70-6  governor's office, the legislative budget office, and any
   70-7  appropriate interagency task force having oversight responsibility
   70-8  over welfare fraud.
   70-9        (c)  As appropriate, the department shall include in its
  70-10  employee evaluation process a rating system that emphasizes
  70-11  error-rate reduction and workload.
  70-12        (d)  The department shall take appropriate disciplinary
  70-13  action, including dismissal, against management and other staff if
  70-14  a region has a higher than average error rate and that rate is not
  70-15  reduced in a reasonable period.
  70-16        Sec. 22.026.  REDUCTION OF CLIENT FRAUD.  The department
  70-17  shall:
  70-18              (1)  ensure that errors attributed to client fraud are
  70-19  appropriate; and
  70-20              (2)  take immediate and appropriate action to limit any
  70-21  client fraud that occurs.
  70-22        (b)  Not later than November 1, 1995, the Texas Department of
  70-23  Human Services shall develop a concentrated and effective plan for
  70-24  the city of Houston region to reduce the department's error rates
  70-25  in the aid to families with dependent children and food stamp
  70-26  programs.
  70-27        (c)  The Texas Department of Human Services shall make the
   71-1  first progress report required by Section 22.025, Human Resources
   71-2  Code, as added by this section, not later than April 1, 1996.
   71-3        SECTION 8.12.  MODIFICATION OF SCREENING AND SERVICE DELIVERY
   71-4  REQUIREMENTS.  Section 33.002, Human Resources Code, is amended by
   71-5  adding Subsection (g) to read as follows:
   71-6        (g)  The department may, within federal limits, modify the
   71-7  one-day screening and service delivery requirements prescribed by
   71-8  Subsection (e) if the department determines that the modification
   71-9  is necessary to achieve a state error rate that is equal to or
  71-10  below the national average error rate.
  71-11        SECTION 8.13.  TASK FORCE:  ELECTRONIC BENEFITS TRANSFERS.
  71-12  Article 4413(502), Revised Statutes, is amended by adding Section
  71-13  10B to read as follows:
  71-14        Sec. 10B.  INTERAGENCY TASK FORCE ON ELECTRONIC BENEFITS
  71-15  TRANSFERS.  (a)  An interagency task force is created to advise and
  71-16  assist the commission in adding new benefit programs to the
  71-17  statewide electronic benefits transfer (EBT) system.
  71-18        (b)  The task force is composed of:
  71-19              (1)  a representative of:
  71-20                    (A)  the attorney general's office, appointed by
  71-21  the attorney general;
  71-22                    (B)  the comptroller's office, appointed by the
  71-23  comptroller;
  71-24                    (C)  the commission, appointed by the
  71-25  commissioner;
  71-26                    (D)  the Texas Department of Health, appointed by
  71-27  the commissioner of public health;
   72-1                    (E)  the Texas Department of Human Services,
   72-2  appointed by the commissioner of human services;
   72-3                    (F)  the Texas Employment Commission, appointed
   72-4  by the presiding officer of that agency; and
   72-5                    (G)  the Texas Rehabilitation Commission,
   72-6  appointed by the commissioner of that agency; and
   72-7              (2)  two representatives of each of the following
   72-8  groups, appointed by the comptroller:
   72-9                    (A)  retailers who maintain EBT point-of-sale
  72-10  equipment;
  72-11                    (B)  banks or owners of automatic teller
  72-12  machines; and
  72-13                    (C)  consumer or client advocacy organizations.
  72-14        (c)  A member of the task force serves at the will of the
  72-15  appointing agency.
  72-16        (d)  The representative of the comptroller's office serves as
  72-17  presiding officer.  The task force may elect any other necessary
  72-18  officers.
  72-19        (e)  The task force shall meet at the call of the presiding
  72-20  officer.
  72-21        (f)  The appointing agency is responsible for the expenses of
  72-22  a member's service on the task force.  A member of the task force
  72-23  receives no additional compensation for serving on the task force.
  72-24        (g)  The task force shall:
  72-25              (1)  serve as the state counterpoint to the federal EBT
  72-26  task force;
  72-27              (2)  identify benefit programs that merit addition to
   73-1  the state's EBT system;
   73-2              (3)  identify and address problems that may occur if a
   73-3  program is added;
   73-4              (4)  pursue state-federal partnerships to facilitate
   73-5  the development and expansion of the state's EBT system;
   73-6              (5)  track and distribute federal legislation and
   73-7  information from other states that relate to EBT systems;
   73-8              (6)  ensure efficiency and planning coordination in
   73-9  relation to the state's EBT system;
  73-10              (7)  develop a plan utilizing the experience and
  73-11  expertise of the Department of Public Safety of the State of Texas
  73-12  for the use of a photograph or other imaging technology on all EBT
  73-13  cards and, if proven to be effective in reducing fraud and misuse,
  73-14  begin using the new cards starting with replacement cards for cards
  73-15  currently used in the program; and
  73-16              (8)  review current and potential fraud problems with
  73-17  EBT and propose methods to prevent or deter fraud.
  73-18        (h)  In determining which benefit programs can be added to
  73-19  the state's EBT system, the task force shall consider, at a
  73-20  minimum:
  73-21              (1)  the savings to the state;
  73-22              (2)  the ease of addition to existing infrastructure;
  73-23  and
  73-24              (3)  the number of clients served.
  73-25           ARTICLE 9.  GENERAL PROVISIONS:  HEALTH AND HUMAN
  73-26                           SERVICES AGENCIES
  73-27        SECTION 9.01.  WORKLOAD STANDARDS AND EDUCATION.  (a)  Not
   74-1  later than February 1, 1996, the Health and Human Services
   74-2  Commission shall develop workload standards and educational
   74-3  requirements for the health and human services agency staff members
   74-4  that manage client eligibility determination and certification.
   74-5  The workload standards shall address caseload, training, and other
   74-6  relevant factors and must be consistent with practices in the
   74-7  private sector.
   74-8        (b)  The educational requirements for the clerical staff who
   74-9  process applications under an automated system shall provide that a
  74-10  high school diploma or high school equivalency certificate is
  74-11  sufficient.  The commission shall phase out more qualified and
  74-12  higher-paid eligibility workers through worker attrition and
  74-13  replacement at an annual rate of not less than 20 percent.
  74-14        (c)  The commission shall examine cost-effective methods,
  74-15  including the use of more experienced caseworkers on a limited case
  74-16  review basis, to address:
  74-17              (1)  fraud in the assistance programs; and
  74-18              (2)  the error rate in eligibility determination.
  74-19        (d)  This section expires September 1, 1997.
  74-20        SECTION 9.02.  APPROPRIATIONS, TRANSFERS, AND REPORTING.  (a)
  74-21  Article 4413(502), Revised Statutes, is amended by adding Section
  74-22  13A to read as follows:
  74-23        Sec. 13A.  FEDERAL FUNDS.  (a)  Any operational or funding
  74-24  plan or modification to that plan prepared by a health and human
  74-25  services agency designated as the single state agency to administer
  74-26  federal funds is subject to commission approval.
  74-27        (b)  The commission shall evaluate the feasibility of
   75-1  designating the commission as the single state agency for federal
   75-2  funds received for a health and human services purpose.
   75-3        (c)  For the purpose of promoting integrated, community-based
   75-4  service delivery systems and to the extent permitted by federal
   75-5  law, the commission may consolidate federal funds to be given to
   75-6  local communities for the provision of health and human services.
   75-7        (b)  Article 4413(502), Revised Statutes, is amended by
   75-8  adding Section 13B to read as follows:
   75-9        Sec. 13B.  APPROPRIATIONS AND REPORTING.  In addition to the
  75-10  provisions of the General Appropriations Act, each agency subject
  75-11  to the provisions of this article shall:
  75-12              (1)  obtain commission approval of its annual operating
  75-13  budget prior to adoption of its annual operating budget;
  75-14              (2)  obtain commission approval of the transfer of
  75-15  funds in excess of $1,000,000 between budget strategies prior to
  75-16  the transfer of said funds; and
  75-17              (3)  report to the commission, on a quarterly basis,
  75-18  information regarding the agency's projected expenditures by budget
  75-19  strategy, compared to the agency's operating budget approved by the
  75-20  commission.
  75-21        (c)  The changes in law made by this section apply beginning
  75-22  with plans prepared for the fiscal year beginning September 1,
  75-23  1995.
  75-24        SECTION 9.03.  STRATEGIC PLANS AND UPDATES.  Section 10(d),
  75-25  Article 4413(502), Revised Statutes, is amended to read as follows:
  75-26        (d)  All health and human services agencies shall submit
  75-27  strategic plans and biennial updates to the commission on a date to
   76-1  be determined by commission rule.  The strategic plans and biennial
   76-2  updates are subject to commission modification and approval.
   76-3        SECTION 9.04.  CO-LOCATION OF OFFICES.  Section 3.08, Chapter
   76-4  15, Acts of the 72nd Legislature, 1st Called Session, 1991 (Article
   76-5  4413(505), Vernon's Texas Civil Statutes), is amended to read as
   76-6  follows:
   76-7        Sec. 3.08.  LOCATION <CO-LOCATION> OF OFFICES AND FACILITIES.
   76-8  (a)  As leases on office space expire, the commission shall
   76-9  determine the needs for space and the location of health and human
  76-10  services agency offices to enable the commission to achieve a
  76-11  cost-effective one-stop or service center method of health and
  76-12  human service delivery.  <The administrative heads of the health
  76-13  and human service agencies shall review the agencies' current
  76-14  office and facility arrangements and study the feasibility of
  76-15  co-locating offices or facilities located in the same geographic
  76-16  area and shall report back to the commission not later than
  76-17  September 1, 1992.>
  76-18        (b)  <On receiving approval from the commission, the
  76-19  administrative heads of two or more health and human service
  76-20  agencies with offices or facilities located in the same geographic
  76-21  region shall co-locate the offices or facilities if the results of
  76-22  the study conducted under this section show that client access
  76-23  would be enhanced, the cost of co-location is not greater than the
  76-24  combined operating costs of the separate offices or facilities of
  76-25  those agencies, and the co-location would improve the efficiency of
  76-26  the delivery of services.>
  76-27        <(c)>  In this section, "health and human service agency
   77-1  <agencies>" includes the:
   77-2              (1)  Interagency Council on Early Childhood
   77-3  Intervention Services;
   77-4              (2)  Texas Department on Aging;
   77-5              (3)  Texas Commission on Alcohol and Drug Abuse;
   77-6              (4)  Texas Commission for the Blind;
   77-7              (5)  Texas Commission for the Deaf and Hearing
   77-8  Impaired;
   77-9              (6)  Texas Department of Health;
  77-10              (7)  Texas Department of Human Services;
  77-11              (8)  Texas Juvenile Probation Commission;
  77-12              (9)  Texas Department of Mental Health and Mental
  77-13  Retardation;
  77-14              (10)  Texas Rehabilitation Commission; and
  77-15              (11)  Department of Protective and Regulatory Services.
  77-16        SECTION 9.05.  LEASING OFFICE SPACE.  Section 6.031(a),
  77-17  Article 6, State Purchasing and General Services Act (Article 601b,
  77-18  Vernon's Texas Civil Statutes), is amended to read as follows:
  77-19        (a)  Notwithstanding any other provision of this article, the
  77-20  <The> commission may not lease office space to service the needs of
  77-21  any <a single> health and human service agency unless the Health
  77-22  and Human Services Commission has approved the office space for the
  77-23  agency <agency can provide the commission with a reason for not
  77-24  sharing the office space with one or more other health and human
  77-25  service agencies>.
  77-26        SECTION 9.06.  AGENCY STAFF.  Article 4413(502), Revised
  77-27  Statutes, is amended by adding Section 23 to read as follows:
   78-1        Sec. 23.  USE OF AGENCY STAFF.  To the extent requested by
   78-2  the commission, a health and human services agency shall assign
   78-3  existing staff to perform a function under this article.
   78-4       ARTICLE 10.  REPEALER; WAIVERS; EFFECTIVE DATE; EMERGENCY
   78-5        SECTION 10.01.  REPEALER.  Sections 31.011 and 31.013, Human
   78-6  Resources Code, are repealed.
   78-7        SECTION 10.02.  WAIVERS.  If before implementing any
   78-8  provision of this Act, the Texas Department of Human Services, the
   78-9  Title IV-D agency, or another agency determines that a waiver or
  78-10  authorization from a federal agency is necessary for implementation
  78-11  of that provision, the department or the agency affected by the
  78-12  provision shall request the waiver or authorization and may delay
  78-13  implementing that provision until the waiver or authorization is
  78-14  granted.  In order to implement Section 31.014, Human Resources
  78-15  Code, providing benefits to certain two-parent families, the
  78-16  department shall reapply for any needed waiver or authorization
  78-17  whether or not implementation of the program would be cost-neutral.
  78-18        SECTION 10.03.  EFFECTIVE DATE.  Except as otherwise provided
  78-19  by this Act, this Act takes effect September 1, 1995.
  78-20        SECTION 10.04.  Emergency.  The importance of this
  78-21  legislation and the crowded condition of the calendars in both
  78-22  houses create an emergency and an imperative public necessity that
  78-23  the constitutional rule requiring bills to be read on three several
  78-24  days in each house be suspended, and this rule is hereby suspended,
  78-25  and that this Act take effect and be in force according to its
  78-26  terms, and it is so enacted.