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 * * * * *