1-1        By:  Hilderbran, et al. (Senate Sponsor - Zaffirini) H.B. No.
    1-2  1863
    1-3        (In the Senate - Received from the House April 11, 1995;
    1-4  April 11, 1995, read first time and referred to Committee on Health
    1-5  and Human Services; April 18, 1995, reported adversely, with
    1-6  favorable Committee Substitute by the following vote:  Yeas 9, Nays
    1-7  0; April 18, 1995, sent to printer.)
    1-8  COMMITTEE SUBSTITUTE FOR H.B. No. 1863               By:  Zaffirini
    1-9                         A BILL TO BE ENTITLED
   1-10                                AN ACT
   1-11  relating to the provision of services and other assistance to needy
   1-12  people, including health and human services and assistance in
   1-13  becoming self-dependent.
   1-14        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-15                     ARTICLE 1.  WORK REQUIREMENTS
   1-16        SECTION 1.01.  ASSISTANCE PRIORITY IS WORK.  Section 31.001,
   1-17  Human Resources Code, is amended to read as follows:
   1-18        Sec. 31.001.  Aid to Families With Dependent Children.
   1-19  (a)  The department shall provide financial assistance and services
   1-20  to families with dependent children in accordance with the
   1-21  provisions of this chapter.  The department shall give first
   1-22  priority in administering this chapter to assisting an adult
   1-23  recipient of or unemployed applicant for the financial assistance
   1-24  and services in finding and retaining a job.
   1-25        (b)  The department shall give each adult recipient a copy of
   1-26  a bill of responsibilities that defines the responsibilities of the
   1-27  state and of the recipient and encourages personal responsibility.
   1-28        (c)  The department may not withhold benefits or otherwise
   1-29  penalize a recipient who fails to meet the responsibilities under
   1-30  Subsection (b) or who fails to participate in training, education,
   1-31  or other programs if the support services, including child care,
   1-32  necessary to meet those responsibilities or to participate in
   1-33  training, education, or other programs are not provided to that
   1-34  recipient.
   1-35        SECTION 1.02.  CHILD CARE WORK EXEMPTION.  Subchapter A,
   1-36  Chapter 31, Human Resources Code, is amended by adding Section
   1-37  31.0123 to read as follows:
   1-38        Sec. 31.0123.  EXEMPTION FROM JOBS TRAINING PROGRAM.  The
   1-39  department, in accordance with federal law governing the job
   1-40  opportunities and basic skills (JOBS) training program under Part
   1-41  F, Subchapter IV, Social Security Act (42 U.S.C. Section 682),
   1-42  shall exempt a caretaker of a dependent child younger than one year
   1-43  of age from participation in a JOBS component required by the
   1-44  department.
   1-45        SECTION 1.03.  EMPLOYMENT PROGRAMS.  (a)  Subchapter A,
   1-46  Chapter 31, Human Resources Code, is amended by adding Section
   1-47  31.0126 to read as follows:
   1-48        Sec. 31.0126.  EMPLOYMENT PROGRAMS.  (a)  In cooperation with
   1-49  the state agency charged with primary responsibility for job
   1-50  training, employment, and workforce development in this state, the
   1-51  department by rule shall develop the following programs to assist
   1-52  recipients of financial assistance and services under this chapter
   1-53  in finding and retaining employment:
   1-54              (1)  a work first program that provides a participant
   1-55  job readiness training and employment information and services that
   1-56  will motivate the participant to find and apply for a job through
   1-57  job clubs, job readiness activities, and job search activities;
   1-58              (2)  a business internship program that provides a
   1-59  participant the opportunity to obtain marketable job skills through
   1-60  an internship in a participating business;
   1-61              (3)  a Texas works program that:
   1-62                    (A)  is operated by a nonprofit group or local
   1-63  governmental entity;
   1-64                    (B)  provides to a participant motivational and
   1-65  job readiness training by placing the participant in a job for a
   1-66  period of several months;
   1-67                    (C)  ensures that the participant is visited at
   1-68  work and receives counseling and help in resolving any work-related
    2-1  or personal problems; and
    2-2                    (D)  receives funding on the basis of
    2-3  participants who are successfully hired for employment;
    2-4              (4)  a community work experience program that provides
    2-5  a participant job training and work experience through a temporary
    2-6  job in the public sector;
    2-7              (5)  a subsidized employment program that provides to a
    2-8  participant job training and work experience through a job in the
    2-9  private sector that pays the participant a subsidized salary; and
   2-10              (6)  a self-employment assistance program that provides
   2-11  to a participant entrepreneurial training, business counseling, and
   2-12  technical and financial assistance so that the participant can
   2-13  establish a business and become self-employed.
   2-14        (b)  The department shall develop the programs prescribed by
   2-15  this section in accordance with federal law as a part of the job
   2-16  opportunities and basic skills (JOBS) training program under Part
   2-17  F, Subchapter IV, Social Security Act (42 U.S.C. Section 682).
   2-18        (c)  In adopting rules governing a program prescribed by this
   2-19  section, the department shall:
   2-20              (1)  establish the criteria for determining which
   2-21  recipients who are eligible to participate in the JOBS training
   2-22  program may be required to participate in a particular program;
   2-23              (2)  ensure that a recipient who is incapable of
   2-24  participating in a particular program is not required to
   2-25  participate in that program; and
   2-26              (3)  provide technical assistance to local workforce
   2-27  development boards.
   2-28        (d)  A local workforce development board may implement in a
   2-29  workforce development area one or more programs prescribed by this
   2-30  section.
   2-31        (e)  The department shall submit a waiver application or a
   2-32  renewal waiver application that a federal agency may require before
   2-33  a local workforce development board can implement one or more of
   2-34  the programs prescribed by this section in a workforce development
   2-35  area.
   2-36        (f)  In this section, a "local workforce development board"
   2-37  means a local workforce development board created under Section
   2-38  4.01, Workforce and Economic Competitiveness Act (Article 5190.7a,
   2-39  Vernon's Texas Civil Statutes).
   2-40        (b)  Section 31.0125, Human Resources Code, is repealed.
   2-41        SECTION 1.04.  DETERMINATION OF MAXIMUM ALLOWABLE RESOURCES.
   2-42  Subsections (b) and (c), Section 31.032, Human Resources Code, are
   2-43  amended to read as follows:
   2-44        (b)  After completing its investigation, the department shall
   2-45  determine whether the applicant is eligible for the assistance.  In
   2-46  determining maximum allowable resources for the purposes of
   2-47  eligibility, the department shall follow federal regulations
   2-48  governing maximum allowable resources under the food stamp program,
   2-49  7 CFR Part 273.
   2-50        (c)  The department shall determine<,> the type and amount of
   2-51  assistance, the date on which the assistance shall begin, and the
   2-52  manner in which payments shall be made.
   2-53        <(c)>  The department shall promptly notify the applicant of
   2-54  its final action.
   2-55        SECTION 1.05.  DEMONSTRATION PROJECTS; FUND.  Article 4,
   2-56  Workforce and Economic Competitiveness Act (Article 5190.7a,
   2-57  Vernon's Texas Civil Statutes), is amended by adding Sections
   2-58  4.055, 4.056, and 4.057 to read as follows:
   2-59        Sec. 4.055.  DEMONSTRATION PROJECTS.  (a)  In this section
   2-60  and Section 4.056:
   2-61              (1)  "Board" means a local workforce development board.
   2-62              (2)  "Workforce development agency" means the state
   2-63  agency charged with primary responsibility for the implementation
   2-64  and consolidation of labor, employment, and job training programs
   2-65  in this state.
   2-66        (b)  In addition to the functions performed under Section
   2-67  4.04 of this Act and the local plan required under Section 4.05 of
   2-68  this Act, each board may establish and operate localized programs
   2-69  to expand education, training, and employment in the workforce
   2-70  development area administered by the board.  The board may design
    3-1  creative programs that fit the unique characteristics and needs of
    3-2  its workforce development area.
    3-3        (c)  A board that designs a program under this section shall
    3-4  submit a written proposal for approval of the program to the
    3-5  workforce development agency.  The workforce development agency
    3-6  shall approve any program that clearly demonstrates the ability to:
    3-7              (1)  draw on and unite the resources of the local
    3-8  community; and
    3-9              (2)  determine and meet the needs of the local service
   3-10  populations, businesses, and industries.
   3-11        (d)  A board shall implement and administer a program
   3-12  approved by the workforce development agency under this section as
   3-13  a local demonstration project.  The board shall report to the
   3-14  workforce development agency on a quarterly basis regarding the
   3-15  administration of the project and the effectiveness of the project
   3-16  in serving the workforce development needs of the community.
   3-17        (e)  A board shall submit any proposed changes in the program
   3-18  to the workforce development agency in writing.  The workforce
   3-19  development agency must approve the proposed changes before the
   3-20  changes may be adopted and implemented by the board.
   3-21        Sec. 4.056.  CERTAIN PROGRAMS FOR AFDC RECIPIENTS.  (a)  In
   3-22  addition to the programs established under Section 4.055 of this
   3-23  Act, each local workforce development board shall adopt programs to
   3-24  enhance the ability of recipients of financial assistance and
   3-25  services under Chapter 31, Human Resources Code, who are eligible
   3-26  to participate in the JOBS training program to obtain and retain
   3-27  gainful employment.  On request of a board, the workforce
   3-28  development agency shall provide technical assistance to the board
   3-29  in adopting programs under this section.
   3-30        (b)  In adopting programs under this section, the board shall
   3-31  consider the programs established under Section 31.0126, Human
   3-32  Resources Code.  Within the parameters established by that section,
   3-33  the board may adapt a program to serve more effectively the needs
   3-34  of the recipients described by Subsection (a) of this section who
   3-35  are residing in the workforce development area.
   3-36        (c)  The workforce development agency must approve a program
   3-37  adopted by the board under this section, including a program
   3-38  established under Section 31.0126, Human Resources Code, before the
   3-39  board can implement the program in the workforce development area.
   3-40        (d)  In this section, "JOBS training program" means the job
   3-41  opportunities and basic skills (JOBS) training program under Part
   3-42  F, Subchapter IV, Social Security Act (42 U.S.C. Section 682).
   3-43        Sec. 4.057.  REVOLVING FUND ACCOUNT.  (a)  A special
   3-44  revolving fund account is established in the state treasury to be
   3-45  known as the local workforce development board demonstration
   3-46  project account.  The account may be used only for:
   3-47              (1)  loans for the initial implementation costs of a
   3-48  demonstration project approved under Section 4.055 of this Act; and
   3-49              (2)  small loans for new education, training, and
   3-50  employment programs created by a local workforce development board
   3-51  under a demonstration project.
   3-52        (b)  The account consists of:
   3-53              (1)  money the legislature appropriates to the account;
   3-54              (2)  donations made to the account;
   3-55              (3)  repayment of small loans made under the provisions
   3-56  of a demonstration project;
   3-57              (4)  revenue received from state and federal education,
   3-58  training, and job programs; and
   3-59              (5)  depository interest and investment income earned
   3-60  on amounts in the account.
   3-61        (c)  Money drawn from the revolving fund account for the
   3-62  operation of education, training, and job programs shall be paid
   3-63  back to the account as permanent revenues from state and federal
   3-64  education, training, and job programs become available.
   3-65        (d)  Sections 403.094 and 403.095, Government Code, do not
   3-66  apply to the account.
   3-67        SECTION 1.06.  EMPLOYMENT OPPORTUNITIES FOR PERSONS WITH
   3-68  DISABILITIES.  (a)  Chapter 121, Human Resources Code, is amended
   3-69  by adding Sections 121.0014 and 121.0015 to read as follows:
   3-70        Sec. 121.0014.  VISION STATEMENT.  (a)  The Health and Human
    4-1  Services Commission, each health and human services agency, and
    4-2  each state agency that administers a workforce development program
    4-3  shall adopt the following statement of vision:
    4-4        The State of Texas shall ensure that all Texans with
    4-5        disabilities have the opportunity and support necessary to
    4-6        work in individualized, competitive employment in the
    4-7        community and to have choices about their work and careers.
    4-8        (b)  In this section, "health and human services agency"
    4-9  means an agency listed by Section 19, Article 4413(502), Revised
   4-10  Statutes.
   4-11        Sec. 121.0015.  INTERAGENCY WORK GROUP.  (a)  An interagency
   4-12  work group is created to implement the action plan adopted at the
   4-13  1994 Supported Employment Summit.
   4-14        (b)  The work group is composed of a representative of the:
   4-15              (1)  Central Education Agency, appointed by the
   4-16  commissioner of education;
   4-17              (2)  Texas Commission for the Blind, appointed by the
   4-18  commissioner of that agency;
   4-19              (3)  Texas Department of Mental Health and Mental
   4-20  Retardation, appointed by the commissioner of mental health and
   4-21  mental retardation;
   4-22              (4)  Texas Rehabilitation Commission, appointed by the
   4-23  commissioner of that agency; and
   4-24              (5)  Texas Commission for the Deaf and Hearing
   4-25  Impaired, appointed by the executive director of that agency.
   4-26        (c)  A member of the work group serves at the will of the
   4-27  appointing agency.
   4-28        (d)  The work group shall elect a presiding officer and any
   4-29  other necessary officers.
   4-30        (e)  The work group shall meet at the call of the presiding
   4-31  officer.
   4-32        (f)  The appointing agency is responsible for the expenses of
   4-33  a member's service on the work group.  A member of the work group
   4-34  receives no additional compensation for serving on the work group.
   4-35        (g)  The comptroller shall monitor the work group and the
   4-36  implementation of the action plan.
   4-37        (b)  Not later than November 15, 1996, the comptroller shall
   4-38  submit to the governor and the legislature a report describing the
   4-39  progress made toward implementing the action plan adopted at the
   4-40  1994 Supported Employment Summit. The comptroller shall notify
   4-41  members of the 74th Legislature and the standing committees of the
   4-42  senate and house of representatives having primary jurisdiction
   4-43  over the comptroller of the filing of the report.
   4-44        SECTION 1.07.  WORK INCENTIVES.  Section 533.008, Health and
   4-45  Safety Code, is amended by amending the section heading and
   4-46  Subsection (a) and by adding Subsection (e) to read as follows:
   4-47        Sec. 533.008.  EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH
   4-48  MENTAL ILLNESS AND MENTAL RETARDATION <PATIENTS AND CLIENTS>.
   4-49  (a)  Each department facility and community center shall annually
   4-50  assess the feasibility of converting entry level support positions
   4-51  into employment opportunities for individuals <patients> with
   4-52  mental illness and <clients with> mental retardation in the
   4-53  facility's or center's service area.
   4-54        (e)  Each department facility and community center shall
   4-55  ensure that designated staff are trained to:
   4-56              (1)  assist clients through the Social Security
   4-57  Administration disability determination process;
   4-58              (2)  provide clients and their families information
   4-59  related to the Social Security Administration work incentive
   4-60  provisions; and
   4-61              (3)  assist clients in accessing and utilizing the
   4-62  Social Security Administration work incentive provisions to finance
   4-63  training, services, and supports needed to attain career goals.
   4-64        SECTION 1.08.  WORK INCENTIVES AND SUPPLEMENTAL SECURITY
   4-65  INCOME.  Subchapter B, Chapter 111, Human Resources Code, is
   4-66  amended by adding Section 111.0205 to read as follows:
   4-67        Sec. 111.0205.  WORK INCENTIVES AND SUPPLEMENTAL SECURITY
   4-68  INCOME (SSI).  The commission shall employ a person at the
   4-69  commission's central office to:
   4-70              (1)  train counselors to understand and use work
    5-1  incentives; and
    5-2              (2)  review cases to ensure that commission clients are
    5-3  informed of the availability of and assisted in obtaining work
    5-4  incentives and Supplemental Security Income (SSI) (42 U.S.C.
    5-5  Section 1381 et seq.).
    5-6        SECTION 1.09.  COMPETITIVE EMPLOYMENT.  (a)  Subsection (e),
    5-7  Section 21.510, Education Code, is amended to read as follows:
    5-8        (e)  Each school district shall develop and annually review
    5-9  an individual transition plan (ITP) for each student enrolled in a
   5-10  special education program who is at least 16 years of age.  The ITP
   5-11  shall include a goal of competitive employment.  The ITP shall be
   5-12  developed in a separate document from the individualized education
   5-13  program (IEP) and shall not be considered a part of the IEP.  The
   5-14  school district shall coordinate development of the ITP with any
   5-15  participating agency as provided in the memorandum of understanding
   5-16  in order to provide continuity and coordination of services among
   5-17  the various agencies and between the ITP and IEP.  The district
   5-18  shall request the participation in the development of the ITP of
   5-19  any participating agency recommended by school personnel or
   5-20  requested by the student or the student's parent.  The district
   5-21  shall invite the student and the student's parents or guardians to
   5-22  participate in the development of the ITP.  Only those components
   5-23  of the ITP which are the responsibility of the district shall be
   5-24  incorporated into the student's IEP.  Only the failure to implement
   5-25  those components of a student's ITP which are included in the IEP
   5-26  and are the responsibility of the school district shall be subject
   5-27  to the due process procedures of the Education of the Handicapped
   5-28  Act, Public Law 94-142 (20 U.S.C. Section 1400 et seq.) or to
   5-29  Central Education Agency complaint procedures.  The failure of the
   5-30  district to develop and annually review an ITP for a student shall
   5-31  be subject only to the Central Education Agency complaint
   5-32  procedures and not to the due process procedures of the Education
   5-33  of the Handicapped Act, Public Law 94-142 (20 U.S.C. Section 1400
   5-34  et seq.).  A monitoring visit under Section 21.509 of this code
   5-35  shall include a review of the transition planning requirements
   5-36  under this section.  A school district is not liable for the
   5-37  failure of another agency to implement those components of the ITP
   5-38  that are designated as the responsibility of that agency under the
   5-39  memorandum of understanding.
   5-40        (b)  Subsection (e), Section 21.510, Education Code, as
   5-41  amended by this section, applies to an individual transition plan
   5-42  developed for each school year beginning with the 1995-1996 school
   5-43  year.
   5-44        (c)  The Central Education Agency shall study the possible
   5-45  effects of amending Section 21.510, Education Code, to require the
   5-46  development of an individual transition plan for each child who is
   5-47  at least 14 years of age.  Not later than November 15, 1996, the
   5-48  agency shall submit to the governor and the legislature a report on
   5-49  the effects of changing the age requirement.
   5-50        SECTION 1.10.  TEEN-JOBS PILOT PROGRAM.  (a)  Using funds
   5-51  available from the job opportunities and basic skills training
   5-52  program (JOBS) under Subchapter IV, Social Security Act (42 U.S.C.
   5-53  Section 682), the Central Education Agency, in conjunction with the
   5-54  Texas Department of Human Services and the comptroller, shall allow
   5-55  not fewer than four school districts or areas within school
   5-56  districts to establish pilot programs designed to encourage teenage
   5-57  parents to stay in school and advance toward independence.
   5-58        (b)  Services in the program may include the parenting
   5-59  program services provided under Section 21.114, Education Code,
   5-60  child care, transportation, tutorial services, guidance and
   5-61  counseling services, career counseling, mentor programs, on-the-job
   5-62  training based on the unique needs of participants and the local
   5-63  labor market, and any other allowable relevant services.
   5-64        (c)  The agency shall report to the governor and the 75th
   5-65  Legislature regarding the effectiveness of this program.  The
   5-66  agency shall notify members of the 75th Legislature and the
   5-67  standing committees of the senate and house of representatives
   5-68  having primary jurisdiction over the agency of the filing of the
   5-69  report.
   5-70        (d)  This section expires January 1, 1999.
    6-1        SECTION 1.11.  PILOT PROGRAM TO ASSIST AFDC CLIENTS IN
    6-2  ACHIEVING SELF-SUFFICIENCY.  (a)  The Texas Department of Human
    6-3  Services shall establish a pilot program to extend the period of
    6-4  supported employment for families who receive financial assistance
    6-5  under Chapter 31, Human Resources Code, to help those families
    6-6  become self-sufficient.  In establishing this program the
    6-7  department may:
    6-8              (1)  use a form of fill-the-gap budgeting; or
    6-9              (2)  extend transitional benefits to 24 months.
   6-10        (b)  If the department chooses to extend transitional
   6-11  benefits to 24 months, the department shall determine whether
   6-12  purchasing medical coverage for participants through the state's
   6-13  Texas Employees Uniform Group Insurance Program is more
   6-14  cost-effective than Medicaid coverage.
   6-15        (c)  The department shall report to the governor and the 75th
   6-16  and 76th legislatures regarding the program's success in assisting
   6-17  families in becoming more self-sufficient.  The department shall
   6-18  notify members of the 75th and 76th legislatures and the standing
   6-19  committees of the senate and house of representatives having
   6-20  primary jurisdiction over the department of the filing of the
   6-21  report.
   6-22        (d)  In this section, "fill-the-gap budgeting" means a system
   6-23  of budgeting in which benefits are gradually lowered using a
   6-24  percentage of the difference between the standard of need and the
   6-25  countable income to calculate the grant benefit.
   6-26        (e)  This section expires September 1, 1999.
   6-27        SECTION 1.12.  APPLICATION DATE.  This article applies only
   6-28  to a person who receives financial assistance under Chapter 31,
   6-29  Human Resources Code, on or after September 1, 1995, regardless of
   6-30  the date on which eligibility for that assistance was determined.
   6-31          ARTICLE 2.  REDUCING DEPENDENCE ON STATE ASSISTANCE
   6-32        SECTION 2.01.  ADULT LEARNING LABS FOR AFDC CLIENTS.
   6-33  Subchapter A, Chapter 11, Education Code, is amended by adding
   6-34  Section 11.2093 to read as follows:
   6-35        Sec. 11.2093.  EDUCATE TEXAS PROGRAM.  (a)  The Educate Texas
   6-36  Program is created to provide adult education services to clients
   6-37  of Aid to Families with Dependent Children who are referred to the
   6-38  program under Section 31.0124, Human Resources Code.
   6-39        (b)  The Central Education Agency, the Texas Higher Education
   6-40  Coordinating Board, and the state agency charged with primary
   6-41  responsibility for job training, employment, and workforce
   6-42  development shall jointly develop a system of adult education
   6-43  learning laboratories in public schools, community colleges, and
   6-44  other publicly owned facilities under this program to provide the
   6-45  following emergency services, as needed, to a person eligible to
   6-46  receive Aid to Families with Dependent Children:
   6-47              (1)  development of literacy in English and proficiency
   6-48  in oral and written language skills;
   6-49              (2)  preparation for a high school equivalency
   6-50  examination;
   6-51              (3)  training in parenting skills;
   6-52              (4)  training in principles of family dynamics and
   6-53  family responsibility;
   6-54              (5)  family counseling and case management;
   6-55              (6)  employment readiness training in such areas as
   6-56  work ethics and interview skills; and
   6-57              (7)  on-site child-care services as necessary to allow
   6-58  a person to participate in the training and education services
   6-59  under this subsection.
   6-60        SECTION 2.02.  ELIGIBILITY FOR ADULT LEARNING LABS.
   6-61  Subchapter A, Chapter 31, Human Resources Code, is amended by
   6-62  adding Section 31.0124 to read as follows:
   6-63        Sec. 31.0124.  REFERRAL TO EDUCATIONAL PROGRAMS.  The
   6-64  department shall determine whether a person who registers to
   6-65  participate in the job opportunities and basic skills training
   6-66  program needs and is eligible for adult education services provided
   6-67  under Section 11.2093, Education Code.  If the person is eligible
   6-68  for the adult education services, the department shall determine
   6-69  the person's needs and goals and refer the person to the
   6-70  appropriate adult education service provided under Section 11.2093,
    7-1  Education Code.
    7-2        SECTION 2.03.  ADULT LITERACY AND LEARNING PROGRAMS.  Chapter
    7-3  88, Education Code, is amended by adding Subchapter G to read as
    7-4  follows:
    7-5      SUBCHAPTER G.  TEXAS CENTER FOR ADULT LITERACY AND LEARNING
    7-6        Sec. 88.541.  DUTIES OF TEXAS CENTER FOR ADULT LITERACY AND
    7-7  LEARNING.  (a)  The Texas Center for Adult Literacy and Learning at
    7-8  Texas A&M University shall evaluate instructional videotapes or
    7-9  similar recorded materials generally available for use in providing
   7-10  adult literacy instruction and from time to time shall publish a
   7-11  guide describing and evaluating those videotapes and materials.
   7-12  The center shall encourage cable companies and other appropriate
   7-13  entities to use the guide in selecting materials to use in
   7-14  broadcasting and may take other action to promote the broadcast or
   7-15  dissemination of workbooks and other materials the center considers
   7-16  effective in teaching adult literacy.
   7-17        (b)  The center shall develop voluntary standards for the
   7-18  curriculum and workbooks and other materials used in adult literacy
   7-19  programs, including programs for teaching English as a second
   7-20  language.  To develop the standards, the center shall organize an
   7-21  advisory group and shall encourage the participation of major
   7-22  providers of adult literacy programs in this state, including
   7-23  private nonprofit organizations, institutions of education, and
   7-24  correctional facilities.  The Texas Department of Criminal Justice
   7-25  shall designate an employee of the department to participate in the
   7-26  initial development of the standards.
   7-27        (c)  In connection with the standards developed under
   7-28  Subsection (b), the center shall develop workbooks and other
   7-29  materials to be used by teachers and students in adult literacy
   7-30  programs to track the progress of the student and to allow the
   7-31  student to understand and maintain a record of the student's
   7-32  progress and proficiency.
   7-33        (d)  The center shall develop and update as necessary
   7-34  informational brochures, promotional posters, workbooks, or similar
   7-35  materials suitable for distribution to state employees or the
   7-36  general public describing the need for adult literacy and education
   7-37  services in this state and encouraging qualified persons to support
   7-38  or volunteer to assist programs that provide those services.  As
   7-39  the center determines appropriate, the center may provide samples
   7-40  of those workbooks and other materials to the governing boards or
   7-41  chief executive officers of state agencies, including institutions
   7-42  of higher education, and to other employers and institutions in
   7-43  this state and shall encourage those entities to distribute or make
   7-44  available the workbooks and other materials to their employees.
   7-45        SECTION 2.04.  LITERACY:  ENGLISH AS A SECOND LANGUAGE.
   7-46  Subchapter B, Chapter 13, Education Code, is amended by adding
   7-47  Section 13.044 to read as follows:
   7-48        Sec. 13.044.  ADULT LITERACY AND ENGLISH AS A SECOND LANGUAGE
   7-49  CURRICULUM.  (a)  Each general academic teaching institution, as
   7-50  defined by Section 61.003, that conducts an approved teacher
   7-51  education program shall include in the curriculum of at least one
   7-52  course in the program a unit that introduces the students to the
   7-53  fundamentals of teaching adult literacy and English as a second
   7-54  language courses.
   7-55        (b)  If the institution operates a center for professional
   7-56  development and technology in connection with its teacher education
   7-57  program, the institution through the center may provide interested
   7-58  students in the education program with opportunities for
   7-59  internships or other field-based training and experience in
   7-60  teaching adult literacy or English as a second language.
   7-61        SECTION 2.05.  AFDC RECIPIENTS ELIGIBLE FOR FEDERAL PROGRAMS.
   7-62  (a)  Article 4413(502), Revised Statutes, is amended by adding
   7-63  Section 22 to read as follows:
   7-64        Sec. 22.  AFDC RECIPIENTS ELIGIBLE FOR FEDERAL PROGRAMS.
   7-65  (a)  The commission shall assist recipients of financial assistance
   7-66  under Chapter 31, Human Resources Code, who are eligible for
   7-67  assistance under federal programs to apply for benefits under those
   7-68  federal programs.  The commission may delegate this responsibility
   7-69  to one of the health and human services agencies listed under
   7-70  Section 19, contract with a unit of local government, or use any
    8-1  other cost-effective method to assist financial assistance
    8-2  recipients who are eligible for federal programs.
    8-3        (b)  The commission shall organize a planning group involving
    8-4  the Texas Department of Human Services, the Central Education
    8-5  Agency, and the Texas Rehabilitation Commission to improve workload
    8-6  coordination between those agencies as necessary to administer this
    8-7  section.  To the extent required by the commission, those agencies
    8-8  shall provide information and help train state employees to
    8-9  correctly screen applicants under this section.
   8-10        (b)  Not later than January 15, 1997, the planning group
   8-11  required by Section 22, Article 4413(502), Revised Statutes, as
   8-12  added by this section, shall submit to the legislature and governor
   8-13  a report on the progress the state has made in transferring
   8-14  recipients of state financial assistance to federal programs.  The
   8-15  commission shall notify members of the legislature and the standing
   8-16  committees of the senate and house of representatives having
   8-17  primary jurisdiction over the commission of the filing of the
   8-18  report.
   8-19        SECTION 2.06.  FEDERAL TAX CREDIT.  Subchapter B, Chapter
   8-20  403, Government Code, is amended by adding Section 403.024 to read
   8-21  as follows:
   8-22        Sec. 403.024.  FEDERAL EARNED INCOME TAX CREDIT.  (a)  The
   8-23  comptroller's office is the lead state agency in promoting
   8-24  awareness of the federal earned income tax credit program for
   8-25  working families.
   8-26        (b)  The comptroller shall recruit other state agencies and
   8-27  the governor's office to participate in a coordinated campaign to
   8-28  increase awareness of the federal tax program.
   8-29        SECTION 2.07.  PILOT PROGRAM:  TIME-LIMITED BENEFITS.
   8-30  (a)  The Texas Department of Human Services shall establish a
   8-31  time-limited benefits pilot program that limits the amount of time
   8-32  a person can receive financial assistance under Chapter 31, Human
   8-33  Resources Code.
   8-34        (b)  In implementing the time-limited benefits pilot program,
   8-35  the department:
   8-36              (1)  shall require a person to participate in the
   8-37  program if the person:
   8-38                    (A)  is eligible to participate in the job
   8-39  opportunities and basic skills (JOBS) training program under Part
   8-40  F, Subchapter IV, Social Security Act (42 U.S.C. Section 682); and
   8-41                    (B)  is not the caretaker of a dependent child
   8-42  who is younger than one year of age;
   8-43              (2)  may not provide financial assistance under Chapter
   8-44  31, Human Resources Code, to a participant in the pilot program or
   8-45  to anyone for whom the participant receives financial assistance if
   8-46  the participant has received the financial assistance for a
   8-47  cumulative total of two years;
   8-48              (3)  may not consider financial assistance provided to
   8-49  a participant before the participant completes the job
   8-50  opportunities and basic skills (JOBS) training program in
   8-51  determining the participant's eligibility for financial assistance
   8-52  under Subdivision (2) of this subsection;
   8-53              (4)  shall provide that a participant in the pilot
   8-54  program may reapply with the department for financial assistance on
   8-55  or after the third anniversary of the date on which the participant
   8-56  is totally disqualified from receiving financial assistance because
   8-57  of the application of Subdivision (2) of this subsection;
   8-58              (5)  may extend the amount of time a participant in the
   8-59  pilot program is entitled to receive financial assistance if after
   8-60  an investigation the department determines that limiting the amount
   8-61  of time the participant can receive financial assistance will
   8-62  impose an undue hardship on the participant or the participant's
   8-63  family; and
   8-64              (6)  shall establish the criteria for determining what
   8-65  constitutes undue hardship under Subdivision (5) of this
   8-66  subsection.
   8-67        (c)  The department shall:
   8-68              (1)  adopt rules and set a timetable to implement and
   8-69  complete the pilot program; and
   8-70              (2)  select at least one county in which to establish
    9-1  the pilot program that has:
    9-2                    (A)  a population of 250,000 or more; and
    9-3                    (B)  low unemployment and an effective JOBS
    9-4  program placement-rate.
    9-5        (d)  The department shall establish the pilot program
    9-6  required by this section not later than January 1, 1996.
    9-7        (e)  The Texas Department of Human Services shall submit to
    9-8  the governor and the 75th, 76th, and 77th legislatures a report
    9-9  concerning the effectiveness of the pilot program.  Each report
   9-10  must include an analysis of the characteristics and demographics of
   9-11  recipients and any recommendation for expansion of the program.
   9-12  The department shall notify members of the 75th, 76th, and 77th
   9-13  legislatures and the standing committees of the senate and house of
   9-14  representatives having primary jurisdiction over the department of
   9-15  the filing of the report.
   9-16        (f)  This section expires September 1, 2001.
   9-17        SECTION 2.08.  PILOT PROGRAM:  EMERGENCY ASSISTANCE FOR
   9-18  FAMILIES IN A CRISIS.  (a)  The Texas Department of Human Services
   9-19  shall seek federal funding that would allow the department to
   9-20  establish an emergency assistance pilot program to support families
   9-21  in a crisis who would otherwise be eligible for financial
   9-22  assistance.
   9-23        (b)  The department shall establish the pilot program in a
   9-24  high-employment area of the state or an area that uses the
   9-25  electronic benefits transfer system.
   9-26        (c)  The department by rule shall develop guidelines to
   9-27  administer the program, including:
   9-28              (1)  eligibility guidelines;
   9-29              (2)  guidelines specifying whether the assistance is a
   9-30  one-time cash payment to a family; and
   9-31              (3)  guidelines specifying whether an applicant who
   9-32  receives the emergency assistance must agree to forgo applying for
   9-33  financial assistance under Chapter 31, Human Resources Code, for
   9-34  one year, or another appropriate limitation determined by the
   9-35  department.
   9-36        (d)  The department shall report to the governor and the 75th
   9-37  and 76th legislatures regarding the program's success in helping
   9-38  families in a crisis avoid becoming AFDC clients.  The department
   9-39  shall notify members of the 75th and 76th legislatures and the
   9-40  standing committees of the senate and house of representatives
   9-41  having primary jurisdiction over the department of the filing of
   9-42  the report.
   9-43        (e)  This section expires September 1, 1999.
   9-44        SECTION 2.09.  PILOT PROGRAM:  SAVINGS ACCOUNTS FOR AFDC
   9-45  RECIPIENTS.  (a)  In conjunction with the state treasurer, the
   9-46  Texas Department of Human Services shall establish a pilot program
   9-47  to create individual development accounts for individuals who are
   9-48  receiving financial assistance under Chapter 31, Human Resources
   9-49  Code, to encourage recipients to achieve self-sufficiency.
   9-50        (b)  The department by rule may:
   9-51              (1)  provide for the number of financial assistance
   9-52  recipients who may participate in the program, not to exceed 5,000
   9-53  participants;
   9-54              (2)  provide for the maximum amount that may be saved
   9-55  by a participant, not to exceed $3,000 per individual development
   9-56  account;
   9-57              (3)  utilize the electronic benefits transfer system
   9-58  for cash withdrawals from the individual development accounts if
   9-59  cost effective and feasible; and
   9-60              (4)  provide for the amount and frequency of
   9-61  withdrawals from the individual development account.
   9-62        (c)  The department shall encourage private sector employers
   9-63  to provide matching funds for employed recipients of financial
   9-64  assistance who are participating in this program.
   9-65        (d)  The department shall report to the governor and the 75th
   9-66  and 76th legislatures regarding the success of the program.  The
   9-67  department shall notify members of the 75th and 76th legislatures
   9-68  and the standing committees of the senate and house of
   9-69  representatives having primary jurisdiction over the department of
   9-70  the filing of the report.
   10-1        (e)  This section expires September 1, 1999.
   10-2        SECTION 2.10.  WORK HISTORY AND 100-HOUR RULE WAIVER.  Not
   10-3  later than December 1, 1995, the Texas Department of Human Services
   10-4  shall reapply for a federal waiver to eliminate the work history
   10-5  and 100-hour rules for two-parent families and to enable the
   10-6  department to fully implement Section 31.014, Human Resources Code.
   10-7        SECTION 2.11.  APPLICATION DATE.  This article applies only
   10-8  to a person who receives financial assistance under Chapter 31,
   10-9  Human Resources Code, on or after September 1, 1995, regardless of
  10-10  the date on which eligibility for that assistance was determined.
  10-11                 ARTICLE 3.  REDUCING FRAUD AND ERROR
  10-12        SECTION 3.01.  PUBLIC ASSISTANCE FRAUD OVERSIGHT TASK FORCE.
  10-13  Chapter 21, Human Resources Code, is amended by adding Section
  10-14  21.0145 to read as follows:
  10-15        Sec. 21.0145.  PUBLIC ASSISTANCE FRAUD OVERSIGHT TASK FORCE.
  10-16  (a)  The Public Assistance Fraud Oversight Task Force is created to
  10-17  advise and assist the department and the department's office of the
  10-18  inspector general in improving the efficiency of fraud
  10-19  investigations and collections.
  10-20        (b)  The task force is composed of a representative of the:
  10-21              (1)  attorney general's office, appointed by the
  10-22  attorney general;
  10-23              (2)  comptroller's office, appointed by the
  10-24  comptroller;
  10-25              (3)  Department of Public Safety of the State of Texas,
  10-26  appointed by the public safety director;
  10-27              (4)  state auditor's office, appointed by the state
  10-28  auditor; and
  10-29              (5)  Texas Department of Human Services, appointed by
  10-30  the commissioner of human services.
  10-31        (c)  The comptroller or the comptroller's designee serves as
  10-32  the presiding officer of the task force.  The task force may elect
  10-33  any other necessary officers.
  10-34        (d)  The task force shall meet at least once each fiscal
  10-35  quarter at the call of the presiding officer.
  10-36        (e)  The appointing agency is responsible for the expenses of
  10-37  a member's service on the task force.  Members of the task force
  10-38  receive no additional compensation for serving on the task force.
  10-39        (f)  At least once each fiscal quarter, the department's
  10-40  office of the inspector general shall provide to the task force:
  10-41              (1)  information detailing:
  10-42                    (A)  the number of fraud referrals made to the
  10-43  office and the origin of each referral;
  10-44                    (B)  the time spent investigating each case;
  10-45                    (C)  the number of cases investigated each month,
  10-46  by program and region;
  10-47                    (D)  the dollar value of each fraud case that
  10-48  results in a criminal conviction; and
  10-49                    (E)  the number of cases the office rejects and
  10-50  the reason for rejection, by region; and
  10-51              (2)  any additional information the task force
  10-52  requires.
  10-53        SECTION 3.02.  FRAUD PREVENTION.  (a)  Chapter 22, Human
  10-54  Resources Code, is amended by adding Sections 22.027 and 22.028 to
  10-55  read as follows:
  10-56        Sec. 22.027.  FRAUD PREVENTION.  (a)  The department's office
  10-57  of the inspector general shall compile and disseminate accurate
  10-58  information and statistics relating to:
  10-59              (1)  fraud prevention; and
  10-60              (2)  post-fraud referrals received and accepted or
  10-61  rejected from the department's case management system.
  10-62        (b)  The department shall:
  10-63              (1)  aggressively publicize successful fraud
  10-64  prosecutions; and
  10-65              (2)  establish and promote a toll-free hotline for
  10-66  reporting suspected fraud in programs administered by the
  10-67  department.
  10-68        (c)  The department shall establish an interstate information
  10-69  sharing agreement with its agency counterparts in Arkansas,
  10-70  Louisiana, New Mexico, and Oklahoma to prevent a person from
   11-1  simultaneously receiving public assistance from more than one
   11-2  state.  The agreement shall provide for sharing information
   11-3  necessary to identify an applicant or recipient, including that
   11-4  person's name, social security number, address, and age.
   11-5        (d)  The department shall:
   11-6              (1)  verify automobile information that is used as
   11-7  criteria for eligibility; and
   11-8              (2)  establish a computerized matching system with the
   11-9  Texas Department of Criminal Justice to prevent an incarcerated
  11-10  individual from illegally receiving public assistance benefits
  11-11  administered by the department.
  11-12        Sec. 22.028.  ELECTRONIC BENEFITS TRANSFER:  MONITORING.
  11-13  (a)  The private electronic benefits transfer (EBT) operator with
  11-14  which the department contracts to administer the EBT system, shall
  11-15  establish procedures to maintain records that monitor all debit
  11-16  transactions relating to EBT client accounts under this section.
  11-17  The EBT operator shall deliver copies of the records to the
  11-18  department and the comptroller not later than the first day of each
  11-19  month.  The department shall immediately review the records and
  11-20  assess the propriety of the debit transactions.
  11-21        (b)  After reviewing the records under Subsection (a), the
  11-22  department shall take necessary or advisable action to ensure
  11-23  compliance with EBT rules by the EBT operator, retailers, and
  11-24  clients.
  11-25        (c)  No later than the first day of each month, the
  11-26  department shall send the comptroller a report listing the accounts
  11-27  on which enforcement actions or other steps were taken by the
  11-28  department in response to the records received from the EBT
  11-29  operator under this section, and the action taken by the
  11-30  department.  The comptroller shall promptly review the report and,
  11-31  as appropriate, may solicit the advice of the Public Assistance
  11-32  Fraud Oversight Task Force regarding the results of the
  11-33  department's enforcement actions.
  11-34        (b)  The Texas Department of Human Services shall:
  11-35              (1)  evaluate the costs and benefits of the five-day
  11-36  time limit the department prescribes for the investigation of fraud
  11-37  prevention referrals; and
  11-38              (2)  consider lowering the criteria for acceptance by
  11-39  the department's office of the inspector general of post-fraud
  11-40  referrals.
  11-41        (c)  If the department lowers the criteria for accepting
  11-42  post-fraud referrals, the department shall require each department
  11-43  office to apply that criteria.
  11-44        SECTION 3.03.  PREVENTING FRAUD THROUGH CERTIFICATE OF TITLE.
  11-45  The Certificate of Title Act (Article 6687-1, Vernon's Texas Civil
  11-46  Statutes) is amended by adding Section 27a to read as follows:
  11-47        Sec. 27a.  In a county in which the Department's automated
  11-48  registration and title system has been implemented, the Department
  11-49  shall require an individual applying for a certificate of title to
  11-50  give the applicant's social security number.  The Department or
  11-51  county shall enter an applicant's social security number in the
  11-52  Department's electronic database but may not print the number on
  11-53  the certificate of title.
  11-54        SECTION 3.04.  PREVENTING FRAUD THROUGH VEHICLE REGISTRATION
  11-55  DATABASE.  Section 17A, Chapter 88, General Laws, Acts of the 41st
  11-56  Legislature, 2nd Called Session, 1929 (Article 6675a-17A, Vernon's
  11-57  Texas Civil Statutes), is amended by amending Subsection (b) and
  11-58  adding Subsection (c) to read as follows:
  11-59        (b)  This section does not apply to the release of
  11-60  information to:
  11-61              (1)  a peace officer, as that term is defined in
  11-62  Article 2.12, Code of Criminal Procedure, if the officer is acting
  11-63  in an official capacity; or
  11-64              (2)  an official of the state, a city, town, county,
  11-65  special district, or other political subdivision of the state if
  11-66  the official is requesting the information for tax purposes or for
  11-67  the purpose of determining eligibility for a state public
  11-68  assistance program.
  11-69        (c)  The Texas Department of Transportation shall provide a
  11-70  dedicated line to its vehicle registration record database for use
   12-1  by other state agencies to determine eligibility for a state public
   12-2  assistance program.  Access to records and transmission of
   12-3  information under this subsection does not affect whether the
   12-4  information is subject to disclosure under Chapter 552, Government
   12-5  Code.
   12-6        SECTION 3.05.  TASK FORCE:  ELECTRONIC BENEFITS TRANSFERS.
   12-7  Article 4413(502), Revised Statutes, is amended by adding Section
   12-8  10B to read as follows:
   12-9        Sec. 10B.  INTERAGENCY TASK FORCE ON ELECTRONIC BENEFITS
  12-10  TRANSFERS.  (a)  An interagency task force is created to advise and
  12-11  assist the commission in adding new benefit programs to the
  12-12  statewide electronic benefits transfer (EBT) system.
  12-13        (b)  The task force is composed of:
  12-14              (1)  a representative of:
  12-15                    (A)  the attorney general's office, appointed by
  12-16  the attorney general;
  12-17                    (B)  the comptroller's office, appointed by the
  12-18  comptroller;
  12-19                    (C)  the commission, appointed by the
  12-20  commissioner;
  12-21                    (D)  the Texas Department of Health, appointed by
  12-22  the commissioner of public health;
  12-23                    (E)  the Texas Department of Human Services,
  12-24  appointed by the commissioner of human services;
  12-25                    (F)  the Texas Employment Commission, appointed
  12-26  by the chairman of that agency; and
  12-27                    (G)  the Texas Rehabilitation Commission,
  12-28  appointed by the commissioner of that agency; and
  12-29              (2)  two representatives of each of the following
  12-30  groups, appointed by the comptroller:
  12-31                    (A)  retailers who maintain EBT point-of-sale
  12-32  equipment;
  12-33                    (B)  banks or owners of automatic teller
  12-34  machines; and
  12-35                    (C)  consumer or client advocacy organizations.
  12-36        (c)  A member of the task force serves at the will of the
  12-37  appointing agency.
  12-38        (d)  The representative of the comptroller's office serves as
  12-39  presiding officer.  The task force may elect any other necessary
  12-40  officers.
  12-41        (e)  The task force shall meet at the call of the presiding
  12-42  officer.
  12-43        (f)  The appointing agency is responsible for the expenses of
  12-44  a member's service on the task force.  A member of the task force
  12-45  receives no additional compensation for serving on the task force.
  12-46        (g)  The task force shall:
  12-47              (1)  serve as the state counterpoint to the federal EBT
  12-48  task force;
  12-49              (2)  identify benefit programs that merit addition to
  12-50  the state's EBT system;
  12-51              (3)  identify and address problems that may occur if a
  12-52  program is added;
  12-53              (4)  pursue state-federal partnerships to facilitate
  12-54  the development and expansion of the state's EBT system;
  12-55              (5)  track and distribute federal legislation and
  12-56  information from other states that relate to EBT systems;
  12-57              (6)  ensure efficiency and planning coordination in
  12-58  relation to the state's EBT system;
  12-59              (7)  develop a plan, using the experience and expertise
  12-60  of the Department of Public Safety of the State of Texas, for the
  12-61  use of a photograph or other imaging technology on all EBT cards
  12-62  and, if proven to be effective in reducing fraud and misuse,
  12-63  institute its use starting with replacement cards in the current
  12-64  EBT program; and
  12-65              (8)  review current and potential fraud problems with
  12-66  EBT and propose methods to prevent or deter fraud.
  12-67        (h)  In determining which benefit programs can be added to
  12-68  the state's EBT system, the task force shall consider, at a
  12-69  minimum:
  12-70              (1)  the savings to the state;
   13-1              (2)  the ease of addition to existing infrastructure;
   13-2  and
   13-3              (3)  the number of clients served.
   13-4        SECTION 3.06.  ERROR-RATE REDUCTION.  (a)  Chapter 22, Human
   13-5  Resources Code, is amended by adding Sections 22.025 and 22.026 to
   13-6  read as follows:
   13-7        Sec. 22.025.  ERROR-RATE REDUCTION.  (a)  The department
   13-8  shall:
   13-9              (1)  set progressive goals for improving the
  13-10  department's error rates in the aid to families with dependent
  13-11  children and food stamp programs; and
  13-12              (2)  develop a specific schedule to meet those goals.
  13-13        (b)  Each fiscal quarter, the department shall prepare a
  13-14  report detailing the progress the department has made in reaching
  13-15  its goals.  The report must include an analysis by region of the
  13-16  department's goals and performance relating to error-rate
  13-17  reduction.  The department shall send a copy of the report to the
  13-18  governor's office, the legislative budget office, and any
  13-19  appropriate interagency task force having oversight responsibility
  13-20  over welfare fraud.
  13-21        (c)  As appropriate, the department shall include in its
  13-22  employee evaluation process a rating system that emphasizes
  13-23  error-rate reduction and workload.
  13-24        (d)  The department shall take appropriate disciplinary
  13-25  action, including dismissal, against management and other staff if
  13-26  a region has a higher than average error rate and that rate is not
  13-27  reduced in a reasonable period.
  13-28        Sec. 22.026.  REDUCTION OF CLIENT FRAUD.  The department
  13-29  shall:
  13-30              (1)  ensure that errors attributed to client fraud are
  13-31  appropriate; and
  13-32              (2)  take immediate and appropriate action to limit any
  13-33  client fraud that occurs.
  13-34        (b)  Not later than November 1, 1995, the Texas Department of
  13-35  Human Services shall develop a concentrated and effective plan for
  13-36  the City of Houston region to reduce the department's error rates
  13-37  in the aid to families with dependent children and food stamp
  13-38  programs.
  13-39        (c)  The Texas Department of Human Services shall make the
  13-40  first progress report required by Section 22.025, Human Resources
  13-41  Code, as added by this article, not later than September 1, 1995.
  13-42        SECTION 3.07.  MODIFICATION OF SCREENING AND SERVICE DELIVERY
  13-43  REQUIREMENTS.  Section 33.002, Human Resources Code, is amended by
  13-44  adding Subsection (g) to read as follows:
  13-45        (g)  The department may, within federal limits, modify the
  13-46  one-day screening and service delivery requirements prescribed by
  13-47  Subsection (e) if the department determines that the modification
  13-48  is necessary to achieve a state error rate that is equal to or
  13-49  below the national average error rate.
  13-50        SECTION 3.08.  ELECTRONIC IMAGING PILOT PROGRAM.  (a)  In
  13-51  conjunction with the comptroller and any other appropriate agency,
  13-52  the Texas Department of Human Services by rule shall develop a
  13-53  36-month pilot program in Harris County to prevent welfare fraud by
  13-54  using a type of electronic fingerprint-imaging of applicants for
  13-55  and recipients of financial assistance under this chapter.  The
  13-56  department may expand the pilot program statewide.
  13-57        (b)  In adopting rules under this section, the department
  13-58  shall ensure that any electronic imaging performed by the
  13-59  department is strictly confidential and is used only to prevent
  13-60  fraud by recipients of assistance.
  13-61        (c)  The department shall use an imaging system that is the
  13-62  most cost-effective.
  13-63        (d)  Each fiscal quarter, the department shall submit to the
  13-64  governor and the legislature a report on the status and progress of
  13-65  the pilot program.
  13-66        (e)  The department shall establish the electronic imaging
  13-67  pilot program required by this section not later than January 1,
  13-68  1996.
  13-69                ARTICLE 4.  INCREASING FEDERAL FUNDING
  13-70        SECTION 4.01.  FEDERAL FUNDING:  MENTAL HEALTH SERVICES.
   14-1  Subchapter B, Chapter 533, Health and Safety Code, is amended by
   14-2  adding Section 533.046 to read as follows:
   14-3        Sec. 533.046.  FEDERAL FUNDING FOR MENTAL HEALTH SERVICES FOR
   14-4  CHILDREN AND FAMILIES.  (a)  The department shall enter into an
   14-5  interagency agreement with the Texas Department of Human Services
   14-6  to:
   14-7              (1)  amend the eligibility requirements of the state's
   14-8  emergency assistance plan under Title IV-A, Social Security Act (42
   14-9  U.S.C. Section 601 et seq.), to include mental health emergencies;
  14-10  and
  14-11              (2)  prescribe the procedures the agencies will use to
  14-12  delegate to the department and to local mental health and mental
  14-13  retardation authorities the administration of mental health
  14-14  emergency assistance.
  14-15        (b)  The interagency agreement must provide that:
  14-16              (1)  the department certify to the Texas Department of
  14-17  Human Services the nonfederal expenditures for which the state will
  14-18  claim federal matching funds; and
  14-19              (2)  the Texas Department of Human Services retain
  14-20  responsibility for making final eligibility decisions.
  14-21        (c)  The department shall allocate to local mental health and
  14-22  mental retardation authorities 66 percent of the federal funds
  14-23  received under this section.
  14-24        SECTION 4.02.  FEDERAL FUNDING:  CHEMICAL DEPENDENCY
  14-25  SERVICES.  (a)  Article 4413(502), Revised Statutes, is amended by
  14-26  adding Section 10A to read as follows:
  14-27        Sec. 10A.  FEDERAL FUNDING FOR CHEMICAL DEPENDENCY SERVICES.
  14-28  The commission shall coordinate with the Texas Commission on
  14-29  Alcohol and Drug Abuse and the Texas Department of Human Services
  14-30  to amend the eligibility requirements of the state's emergency
  14-31  assistance plan under Title IV-A, federal Social Security Act (42
  14-32  U.S.C. Section 601 et seq.), to include either a child or a
  14-33  significant adult in a child's family who needs chemical dependency
  14-34  treatment.
  14-35        (b)  The Texas Department on Alcohol and Drug Abuse shall
  14-36  continue to study the feasibility of amending the state's Medicaid
  14-37  plan to include chemical dependency treatment as an allowable
  14-38  service.
  14-39        SECTION 4.03.  FEDERAL FUNDS; FOSTER CARE.  (a)  Article
  14-40  4413(503), Revised Statutes, is amended by adding Section 12A to
  14-41  read as follows:
  14-42        Sec. 12A.  FEDERAL FUNDING FOR CERTAIN CHILDREN.  (a)  For
  14-43  purposes of Medicaid eligibility only, the department shall
  14-44  classify as a "child in foster care" each child who is in the
  14-45  conservatorship of the state and placed in the home of a relative.
  14-46  A child classified as a "child in foster care" under this
  14-47  subsection is not automatically eligible to receive foster care
  14-48  payments because of that classification.
  14-49        (b)  The department shall ensure that each time study used to
  14-50  allocate costs identifies all costs incurred on behalf of a child
  14-51  if the child's case plan clearly indicates that foster care is the
  14-52  planned arrangement for that child.
  14-53        (c)  The department shall claim federal financial
  14-54  participation under Title IV-E, federal Social Security Act (42
  14-55  U.S.C. Section 670 et seq.), for all nonrecurring adoption expenses
  14-56  at the highest rate authorized by federal law.  The department
  14-57  shall include all charges from state attorneys and state courts and
  14-58  any applicable overhead.  The department may claim the expenses as
  14-59  either administrative or training expenses, depending on which
  14-60  classification results in a higher federal match.
  14-61        (b)  The Department of Protective and Regulatory Services
  14-62  shall file an adjustment to its previous quarterly claims under
  14-63  Title IV-E, federal Social Security Act (42 U.S.C. Section 670 et
  14-64  seq.), to claim retroactive federal financial participation for the
  14-65  incremental difference for each quarter in which nonrecurring
  14-66  adoption expenses have been identified as a legitimate expense.
  14-67        (c)  The department shall request a waiver from the federal
  14-68  two-year limitation on the period in which the state can file
  14-69  certain claims in accordance with Section 1132(b), federal Social
  14-70  Security Act (42 U.S.C. Section 1320b-2(b)).  If the waiver is
   15-1  denied, the department shall exhaust all administrative remedies
   15-2  and, if necessary, seek judicial review to obtain a court order
   15-3  reducing the claim to judgment and mandating retroactive payment.
   15-4                       ARTICLE 5.  IMMUNIZATIONS
   15-5        SECTION 5.01.  IMMUNIZATIONS FOR CHILDREN.  Section 31.031,
   15-6  Human Resources Code, is amended by adding Subsections (c), (d),
   15-7  (e), and (f) to read as follows:
   15-8        (c)  The department shall require the applicant to provide
   15-9  proof to the department that each child for whom the applicant will
  15-10  receive assistance:
  15-11              (1)  has been immunized in accordance with Section
  15-12  161.004, Health and Safety Code;
  15-13              (2)  is currently receiving an immunization series in
  15-14  accordance with Section 161.004, Health and Safety Code, if the
  15-15  child is of sufficient age; or
  15-16              (3)  is exempted under Section 161.004(d), Health and
  15-17  Safety Code.
  15-18        (d)  An applicant who cannot provide the proof required by
  15-19  Subsection (c) at the time of application shall provide the proof
  15-20  not later than the 180th day after the date the department
  15-21  determines the applicant is eligible for financial assistance.
  15-22        (e)  The department shall provide the applicant with
  15-23  information regarding immunization services available in the
  15-24  applicant's residential area.  If the applicant does not read or
  15-25  comprehend English, the department shall provide the information in
  15-26  a language that the applicant reads or comprehends.
  15-27        (f)  The department by rule shall provide sanctions for a
  15-28  financial assistance recipient's failure to comply with Subsection
  15-29  (c) or (d).
  15-30             ARTICLE 6.  WAIVER; EFFECTIVE DATE; EMERGENCY
  15-31        SECTION 6.01.  WAIVER.  If before implementing a provision of
  15-32  this Act a state agency determines that a waiver or authorization
  15-33  from a federal agency is necessary for implementation, the agency
  15-34  shall request the waiver or authorization and may delay
  15-35  implementing that provision until the waiver or authorization is
  15-36  granted.
  15-37        SECTION 6.02.  EFFECTIVE DATE.  Except as otherwise provided
  15-38  by this Act, this Act takes effect September 1, 1995.
  15-39        SECTION 6.03.  EMERGENCY.  The importance of this legislation
  15-40  and the crowded condition of the calendars in both houses create an
  15-41  emergency and an imperative public necessity that the
  15-42  constitutional rule requiring bills to be read on three several
  15-43  days in each house be suspended, and this rule is hereby suspended.
  15-44                               * * * * *