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.