1-1        By:  Zaffirini, et al.                            S.B. No. 22
    1-2        (In the Senate - Filed February 23, 1995; February 23, 1995,
    1-3  read first time and referred to Committee on Health and Human
    1-4  Services; March 30, 1995, reported adversely, with favorable
    1-5  Committee Substitute by the following vote:  Yeas 9, Nays 0;
    1-6  March 30, 1995, sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR S.B. No. 22                 By:  Zaffirini
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to the provision of services and other assistance to needy
   1-11  people, including health and human services and assistance in
   1-12  becoming self-dependent.
   1-13        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-14                     ARTICLE 1.  WORK REQUIREMENTS
   1-15        SECTION 1.01.  ASSISTANCE PRIORITY IS WORK.  Section 31.001,
   1-16  Human Resources Code, is amended to read as follows:
   1-17        Sec. 31.001.  Aid to Families With Dependent Children.
   1-18  (a)  The department shall provide financial assistance and services
   1-19  to families with dependent children in accordance with the
   1-20  provisions of this chapter.  The department shall give first
   1-21  priority in administering this chapter to assisting an adult
   1-22  recipient of or unemployed applicant for the financial assistance
   1-23  and services in finding and retaining a job.
   1-24        (b)  The department shall give each adult recipient a copy of
   1-25  a bill of responsibilities that defines the responsibilities of the
   1-26  state and of the recipient and encourages personal responsibility.
   1-27        (c)  The department shall not withhold benefits or otherwise
   1-28  penalize a recipient who fails to meet the responsibilities under
   1-29  Subsection (b) or who fails to participate in training, education,
   1-30  or other programs if the support services, including child care,
   1-31  necessary to meet those responsibilities or to participate in
   1-32  training, education, or other programs are not provided to that
   1-33  recipient.
   1-34        SECTION 1.02.  CHILD CARE WORK EXEMPTION.  Subchapter A,
   1-35  Chapter 31, Human Resources Code, is amended by adding Section
   1-36  31.0123 to read as follows:
   1-37        Sec. 31.0123.  EXEMPTION FROM JOBS TRAINING PROGRAM.  The
   1-38  department, in accordance with federal law governing the job
   1-39  opportunities and basic skills (JOBS) training program under Part
   1-40  F, Subchapter IV, Social Security Act (42 U.S.C. Section 682),
   1-41  shall exempt a caretaker of a dependent child younger than one year
   1-42  of age from participation in a JOBS component required by the
   1-43  department.
   1-44        SECTION 1.03.  EMPLOYMENT PROGRAMS.  (a)  Subchapter A,
   1-45  Chapter 31, Human Resources Code, is amended by adding Section
   1-46  31.0126 to read as follows:
   1-47        Sec. 31.0126.  EMPLOYMENT PROGRAMS.  (a)  In cooperation with
   1-48  the state agency charged with primary responsibility for job
   1-49  training, employment, and workforce development in this state, the
   1-50  department by rule shall develop the following programs to assist
   1-51  recipients of financial assistance and services under this chapter
   1-52  in finding and retaining employment:
   1-53              (1)  a work first program that provides a participant
   1-54  job readiness training and employment information and services that
   1-55  will motivate the participant to find and apply for a job through
   1-56  job clubs, job readiness activities, and job search activities;
   1-57              (2)  a business internship program that provides a
   1-58  participant the opportunity to obtain marketable job skills through
   1-59  an internship in a participating business;
   1-60              (3)  a Texas works program that:
   1-61                    (A)  is operated by a nonprofit group or local
   1-62  governmental entity;
   1-63                    (B)  provides to a participant motivational and
   1-64  job readiness training by placing the participant in a job for a
   1-65  period of several months;
   1-66                    (C)  ensures that the participant is visited at
   1-67  work and receives counseling and help in resolving any work-related
   1-68  or personal problems; and
    2-1                    (D)  receives funding on the basis of
    2-2  participants who are successfully hired for employment;
    2-3              (4)  a community work experience program that provides
    2-4  a participant job training and work experience through a temporary
    2-5  job in the public sector;
    2-6              (5)  a subsidized employment program that provides to a
    2-7  participant job training and work experience through a job in the
    2-8  private sector that pays the participant a subsidized salary; and
    2-9              (6)  a self-employment assistance program that provides
   2-10  to a participant entrepreneurial training, business counseling, and
   2-11  technical and financial assistance so that the participant can
   2-12  establish a business and become self-employed.
   2-13        (b)  The department shall develop the programs prescribed by
   2-14  this section in accordance with federal law as a part of the job
   2-15  opportunities and basic skills (JOBS) training program under Part
   2-16  F, Subchapter IV, Social Security Act (42 U.S.C. Section 682).
   2-17        (c)  In adopting rules governing a program prescribed by this
   2-18  section, the department shall:
   2-19              (1)  establish the criteria for determining which
   2-20  recipients who are eligible to participate in the JOBS training
   2-21  program may be required to participate in a particular program;
   2-22              (2)  ensure that a recipient who is incapable of
   2-23  participating in a particular program is not required to
   2-24  participate in that program; and
   2-25              (3)  provide technical assistance to local workforce
   2-26  development boards.
   2-27        (d)  A local workforce development board may implement in a
   2-28  workforce development area one or more programs prescribed by this
   2-29  section.
   2-30        (e)  The department shall submit a waiver application or a
   2-31  renewal waiver application that a federal agency may require before
   2-32  a local workforce development board can implement one or more of
   2-33  the programs prescribed by this section in a workforce development
   2-34  area.
   2-35        (f)  In this section, a "local workforce development board"
   2-36  means a local workforce development board created under Section
   2-37  4.01, Workforce and Economic Competitiveness Act (Article 5190.7a,
   2-38  Vernon's Texas Civil Statutes).
   2-39        (b)  Section 31.0125, Human Resources Code, is repealed.
   2-40        SECTION 1.04.  DETERMINATION OF MAXIMUM ALLOWABLE RESOURCES.
   2-41  Subsections (b) and (c), Section 31.032, Human Resources Code, are
   2-42  amended to read as follows:
   2-43        (b)  After completing its investigation, the department shall
   2-44  determine whether the applicant is eligible for the assistance.  In
   2-45  determining maximum allowable resources for the purposes of
   2-46  eligibility, the department shall follow federal regulations
   2-47  governing maximum allowable resources under the food stamp program,
   2-48  7 C.F.R. Part 273.
   2-49        (c)  The department shall determine<,> the type and amount of
   2-50  assistance, the date on which the assistance shall begin, and the
   2-51  manner in which payments shall be made.
   2-52        <(c)>  The department shall promptly notify the applicant of
   2-53  its final action.
   2-54        SECTION 1.05.  DEMONSTRATION PROJECTS; FUND.  Article 4,
   2-55  Workforce and Economic Competitiveness Act (Article 5190.7a,
   2-56  Vernon's Texas Civil Statutes), is amended by adding Sections
   2-57  4.055, 4.056, and 4.057 to read as follows:
   2-58        Sec. 4.055.  DEMONSTRATION PROJECTS.  (a)  In this section:
   2-59              (1)  "Board" means a local workforce development board.
   2-60              (2)  "Workforce development agency" means the state
   2-61  agency charged with primary responsibility for the implementation
   2-62  and consolidation of labor, employment, and job training programs
   2-63  in this state.
   2-64        (b)  In addition to the functions performed under Section
   2-65  4.04 of this Act and the local plan required under Section 4.05 of
   2-66  this Act, each board may establish and operate localized programs
   2-67  to expand education, training, and employment in the workforce
   2-68  development area administered by the board.  The board may design
   2-69  creative programs that fit the unique characteristics and needs of
   2-70  its workforce development area.
    3-1        (c)  A board that designs a program under this section shall
    3-2  submit a written proposal for approval of the program to the
    3-3  workforce development agency.  The workforce development agency
    3-4  shall approve any program that clearly demonstrates the ability to:
    3-5              (1)  draw on and unite the resources of the local
    3-6  community; and
    3-7              (2)  determine and meet the needs of the local service
    3-8  populations, businesses, and industries.
    3-9        (d)  A board shall implement and administer a program
   3-10  approved by the workforce development agency under this section as
   3-11  a local demonstration project.  The board shall report to the
   3-12  workforce development agency on a quarterly basis regarding the
   3-13  administration of the project and the effectiveness of the project
   3-14  in serving the workforce development needs of the community.
   3-15        (e)  A board shall submit any proposed changes in the program
   3-16  to the workforce development agency in writing.  The workforce
   3-17  development agency must approve the proposed changes before the
   3-18  changes may be adopted and implemented by the board.
   3-19        Sec. 4.056.  CERTAIN PROGRAMS FOR AFDC RECIPIENTS.  (a)  In
   3-20  addition to the programs established under Section 4.055 of this
   3-21  Act, each local workforce development board shall adopt programs to
   3-22  enhance the ability of recipients of financial assistance and
   3-23  services under Chapter 31, Human Resources Code, who are eligible
   3-24  to participate in the JOBS training program to obtain and retain
   3-25  gainful employment.  On request of a board, the workforce
   3-26  development agency shall provide technical assistance to the board
   3-27  in adopting programs under this section.
   3-28        (b)  In adopting programs under this section, the board shall
   3-29  consider the programs established under Section 31.0126, Human
   3-30  Resources Code.  Within the parameters established by that
   3-31  subchapter, the board may adapt a program to serve more effectively
   3-32  the needs of the recipients described by Subsection (a) who are
   3-33  residing in the workforce development area.
   3-34        (c)  The workforce development agency must approve a program
   3-35  adopted by the board under this section, including a program
   3-36  established under Section 31.0126, Human Resources Code, before the
   3-37  board can implement the program in the workforce development area.
   3-38        (d)  In this section, "JOBS training program" means the job
   3-39  opportunities and basic skills (JOBS) training program under Part
   3-40  F, Subchapter IV, Social Security Act (42 U.S.C. Section 682).
   3-41        Sec. 4.057.  REVOLVING FUND ACCOUNT.  (a)  A special
   3-42  revolving fund account is established in the state treasury to be
   3-43  known as the local workforce development board demonstration
   3-44  project account.  The account may be used only for:
   3-45              (1)  loans for the initial implementation costs of a
   3-46  demonstration project approved under Section 4.055 of this Act; and
   3-47              (2)  small loans for new education, training, and
   3-48  employment programs created by a local workforce development board
   3-49  under a demonstration project.
   3-50        (b)  The account consists of:
   3-51              (1)  money the legislature appropriates to the account;
   3-52              (2)  donations made to the account;
   3-53              (3)  repayment of small loans made under the provisions
   3-54  of a demonstration project;
   3-55              (4)  revenue received from state and federal education,
   3-56  training, and job programs; and
   3-57              (5)  depository interest and investment income earned
   3-58  on amounts in the account.
   3-59        (c)  Money drawn from the revolving fund account for the
   3-60  operation of education, training, and job programs shall be paid
   3-61  back to the account as permanent revenues from state and federal
   3-62  education, training, and job programs become available.
   3-63        (d)  Sections 403.094 and 403.095, Government Code, do not
   3-64  apply to the account.
   3-65        SECTION 1.06.  EMPLOYMENT OPPORTUNITIES FOR PERSONS WITH
   3-66  DISABILITIES.  (a)  Chapter 121, Human Resources Code, is amended
   3-67  by adding Sections 121.0014 and 121.0015 to read as follows:
   3-68        Sec. 121.0014.  VISION STATEMENT.  (a)  The Health and Human
   3-69  Services Commission, each health and human services agency, and
   3-70  each state agency that administers a workforce development program
    4-1  shall adopt the following statement of vision:
    4-2        The State of Texas shall ensure that all Texans with
    4-3        disabilities have the opportunity and support necessary to
    4-4        work in individualized, competitive employment in the
    4-5        community and to have choices about their work and careers.
    4-6        (b)  In this section, "health and human services agency"
    4-7  means an agency listed by Section 19, Article 4413(502), Revised
    4-8  Statutes.
    4-9        Sec. 121.0015.  INTERAGENCY WORK GROUP.  (a)  An interagency
   4-10  work group is created to implement the action plan adopted at the
   4-11  1994 Supported Employment Summit.
   4-12        (b)  The work group is composed of a representative of the:
   4-13              (1)  Central Education Agency, appointed by the
   4-14  commissioner of education;
   4-15              (2)  Texas Commission for the Blind, appointed by the
   4-16  commissioner of that agency;
   4-17              (3)  Texas Department of Mental Health and Mental
   4-18  Retardation, appointed by the commissioner of mental health and
   4-19  mental retardation;
   4-20              (4)  Texas Rehabilitation Commission, appointed by the
   4-21  commissioner of that agency; and
   4-22              (5)  Texas Commission for the Deaf and Hearing
   4-23  Impaired, appointed by the executive director of that agency.
   4-24        (c)  A member of the work group serves at the will of the
   4-25  appointing agency.
   4-26        (d)  The work group shall elect a presiding officer and any
   4-27  other necessary officers.
   4-28        (e)  The work group shall meet at the call of the presiding
   4-29  officer.
   4-30        (f)  The appointing agency is responsible for the expenses of
   4-31  a member's service on the work group.  A member of the work group
   4-32  receives no additional compensation for serving on the work group.
   4-33        (g)  The comptroller shall monitor the work group and the
   4-34  implementation of the action plan.
   4-35        (b)  Not later than November 15, 1996, the comptroller shall
   4-36  submit to the governor and the legislature a report describing the
   4-37  progress made toward implementing the action plan adopted at the
   4-38  1994 Supported Employment Summit. The comptroller shall notify
   4-39  members of the 74th Legislature and the standing committees of the
   4-40  senate and house of representatives having primary jurisdiction
   4-41  over the comptroller of the filing of the report.
   4-42        SECTION 1.07.  WORK INCENTIVES.  Section 533.008, Health and
   4-43  Safety Code, is amended by amending the section heading and
   4-44  Subsection (a) and by adding Subsection (e) to read as follows:
   4-45        Sec. 533.008.  EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH
   4-46  MENTAL ILLNESS AND MENTAL RETARDATION <PATIENTS AND CLIENTS>.
   4-47  (a)  Each department facility and community center shall annually
   4-48  assess the feasibility of converting entry level support positions
   4-49  into employment opportunities for individuals <patients> with
   4-50  mental illness and <clients with> mental retardation in the
   4-51  facility's or center's service area.
   4-52        (e)  Each department facility and community center shall
   4-53  ensure that designated staff are trained to:
   4-54              (1)  assist clients through the Social Security
   4-55  Administration disability determination process;
   4-56              (2)  provide clients and their families information
   4-57  related to the Social Security Administration work incentive
   4-58  provisions; and
   4-59              (3)  assist clients in accessing and utilizing the
   4-60  Social Security Administration work incentive provisions to finance
   4-61  training, services, and supports needed to attain career goals.
   4-62        SECTION 1.08.  CONTRACTING FOR SUPPLEMENTAL SECURITY INCOME
   4-63  (SSI).  Section 533.034, Health and Safety Code, is amended to read
   4-64  as follows:
   4-65        Sec. 533.034.  AUTHORITY TO CONTRACT FOR COMMUNITY-BASED
   4-66  SERVICES.  (a)  The department may cooperate, negotiate, and
   4-67  contract with local agencies, hospitals, private organizations and
   4-68  foundations, community centers, physicians, and other persons to
   4-69  plan, develop, and provide community-based mental health and mental
   4-70  retardation services.
    5-1        (b)  The department shall ensure that services to clients of
    5-2  local mental health and mental retardation authorities include a
    5-3  provision requiring the local authority to:
    5-4              (1)  train counselors to work with the Supplemental
    5-5  Security Income (SSI) (42 U.S.C. Section 1381 et seq.) program to
    5-6  fund supported employment;
    5-7              (2)  determine each client's eligibility for work
    5-8  incentives and SSI; and
    5-9              (3)  provide clients and their families with
   5-10  information related to those federal programs.
   5-11        SECTION 1.09.  COMPETITIVE EMPLOYMENT.  (a)  Subsection (e),
   5-12  Section 21.510, Education Code, is amended to read as follows:
   5-13        (e)  Each school district shall develop and annually review
   5-14  an individual transition plan (ITP) for each student enrolled in a
   5-15  special education program who is at least 16 years of age.  The ITP
   5-16  shall include a goal of competitive employment.  The ITP shall be
   5-17  developed in a separate document from the individualized education
   5-18  program (IEP) and shall not be considered a part of the IEP.  The
   5-19  school district shall coordinate development of the ITP with any
   5-20  participating agency as provided in the memorandum of understanding
   5-21  in order to provide continuity and coordination of services among
   5-22  the various agencies and between the ITP and IEP.  The district
   5-23  shall request the participation in the development of the ITP of
   5-24  any participating agency recommended by school personnel or
   5-25  requested by the student or the student's parent.  The district
   5-26  shall invite the student and the student's parents or guardians to
   5-27  participate in the development of the ITP.  Only those components
   5-28  of the ITP which are the responsibility of the district shall be
   5-29  incorporated into the student's IEP.  Only the failure to implement
   5-30  those components of a student's ITP which are included in the IEP
   5-31  and are the responsibility of the school district shall be subject
   5-32  to the due process procedures of the Education of the Handicapped
   5-33  Act, Public Law 94-142 (20 U.S.C. Section 1400 et seq.) or to
   5-34  Central Education Agency complaint procedures.  The failure of the
   5-35  district to develop and annually review an ITP for a student shall
   5-36  be subject only to the Central Education Agency complaint
   5-37  procedures and not to the due process procedures of the Education
   5-38  of the Handicapped Act, Public Law 94-142 (20 U.S.C. Section 1400
   5-39  et seq.).  A monitoring visit under Section 21.509 of this code
   5-40  shall include a review of the transition planning requirements
   5-41  under this section.  A school district is not liable for the
   5-42  failure of another agency to implement those components of the ITP
   5-43  that are designated as the responsibility of that agency under the
   5-44  memorandum of understanding.
   5-45        (b)  Subsection (e), Section 21.510, Education Code, as
   5-46  amended by this section, applies to an individual transition plan
   5-47  developed for each school year beginning with the 1995-1996 school
   5-48  year.
   5-49        (c)  The Central Education Agency shall study the possible
   5-50  effects of amending Section 21.510, Education Code, to require the
   5-51  development of an individual transition plan for each child who is
   5-52  at least 14 years of age.  Not later than November 15, 1996, the
   5-53  agency shall submit to the governor and the legislature a report on
   5-54  the effects of changing the age requirement.
   5-55        SECTION 1.10.  TEEN-JOBS PILOT PROGRAM.  (a)  Using funds
   5-56  available from the job opportunities and basic skills training
   5-57  program (JOBS) under Subchapter IV, Social Security Act (42 U.S.C.
   5-58  Section 682), the Central Education Agency, in conjunction with the
   5-59  Texas Department of Human Services and the comptroller, shall allow
   5-60  not fewer than four school districts or areas within school
   5-61  districts to establish pilot programs designed to encourage teenage
   5-62  parents to stay in school and advance toward independence.
   5-63        (b)  Services in the program may include the parenting
   5-64  program services provided under Section 21.114, Education Code,
   5-65  child care, transportation, tutorial services, guidance and
   5-66  counseling services, career counseling, mentor programs, on-the-job
   5-67  training based on the unique needs of participants and the local
   5-68  labor market, and any other allowable relevant services.
   5-69        (c)  The agency shall report to the governor and the 75th
   5-70  Legislature regarding the effectiveness of this program.  The
    6-1  agency shall notify members of the 75th Legislature and the
    6-2  standing committees of the senate and house of representatives
    6-3  having primary jurisdiction over the agency of the filing of the
    6-4  report.
    6-5        (d)  This section expires January 1, 1999.
    6-6        SECTION 1.11.  PILOT PROGRAM TO ASSIST AFDC CLIENTS IN
    6-7  ACHIEVING SELF-SUFFICIENCY.  (a)  The Texas Department of Human
    6-8  Services shall establish a pilot program to extend the period of
    6-9  supported employment for families who receive financial assistance
   6-10  under Chapter 31, Human Resources Code, to help those families
   6-11  become self-sufficient.  In establishing this program the
   6-12  department may:
   6-13              (1)  use a form of fill-the-gap budgeting; or
   6-14              (2)  extend transitional benefits to 24 months.
   6-15        (b)  If the department chooses to extend transitional
   6-16  benefits to 24 months, the department shall determine whether
   6-17  purchasing medical coverage for participants through the state's
   6-18  Uniform Group Insurance Program is more cost-effective than
   6-19  Medicaid coverage.
   6-20        (c)  The department shall report to the governor and the 75th
   6-21  and 76th legislatures regarding the program's success in assisting
   6-22  families in becoming more self-sufficient.  The department shall
   6-23  notify members of the 75th and 76th legislatures and the standing
   6-24  committees of the senate and house of representatives having
   6-25  primary jurisdiction over the department of the filing of the
   6-26  report.
   6-27        (d)  In this section, "fill-the-gap budgeting" means a system
   6-28  of budgeting in which benefits are gradually lowered using a
   6-29  percentage of the difference between the standard of need and the
   6-30  countable income to calculate the grant benefit.
   6-31        (e)  This section expires September 1, 1999.
   6-32        SECTION 1.12.  APPLICATION DATE.  This article applies only
   6-33  to a person who receives financial assistance under Chapter 31,
   6-34  Human Resources Code, on or after September 1, 1995, regardless of
   6-35  the date on which eligibility for that assistance was determined.
   6-36          ARTICLE 2.  REDUCING DEPENDENCE ON STATE ASSISTANCE
   6-37        SECTION 2.01.  ADULT LEARNING LABS FOR AFDC CLIENTS.
   6-38  Subchapter A, Chapter 11, Education Code, is amended by adding
   6-39  Section 11.2093 to read as follows:
   6-40        Sec. 11.2093.  EDUCATE TEXAS PROGRAM.  (a)  The Educate Texas
   6-41  Program is created to provide adult education services to clients
   6-42  of Aid to Families with Dependent Children who are referred to the
   6-43  program under Section 31.0124, Human Resources Code.
   6-44        (b)  The Central Education Agency, the Texas Higher Education
   6-45  Coordinating Board, and the state agency charged with primary
   6-46  responsibility for job training, employment, and workforce
   6-47  development shall jointly develop a system of adult education
   6-48  learning laboratories in public schools, community colleges, and
   6-49  other publicly owned facilities under this program to provide the
   6-50  following emergency services, as needed, to a person eligible to
   6-51  receive Aid to Families with Dependent Children:
   6-52              (1)  development of literacy in English and proficiency
   6-53  in oral and written language skills;
   6-54              (2)  preparation for a high school equivalency
   6-55  examination;
   6-56              (3)  training in parenting skills;
   6-57              (4)  training in principles of family dynamics and
   6-58  family responsibility;
   6-59              (5)  family counseling and case management;
   6-60              (6)  employment readiness training in such areas as
   6-61  work ethics and interview skills; and
   6-62              (7)  on-site child-care services as necessary to allow
   6-63  a person to participate in the training and education services
   6-64  under this subsection.
   6-65        SECTION 2.02.  ELIGIBILITY FOR ADULT LEARNING LABS.
   6-66  Subchapter A, Chapter 31, Human Resources Code, is amended by
   6-67  adding Section 31.0124 to read as follows:
   6-68        Sec. 31.0124.  REFERRAL TO EDUCATIONAL PROGRAMS.  The
   6-69  department shall determine whether a person who registers to
   6-70  participate in the job opportunities and basic skills training
    7-1  program needs and is eligible for adult education services provided
    7-2  under Section 11.2093, Education Code.  If the person is eligible
    7-3  for the adult education services, the department shall determine
    7-4  the person's needs and goals and refer the person to the
    7-5  appropriate adult education service provided under Section 11.2093,
    7-6  Education Code.
    7-7        SECTION 2.03.  ADULT LITERACY AND LEARNING PROGRAMS.  Chapter
    7-8  88, Education Code, is amended by adding Subchapter G to read as
    7-9  follows:
   7-10      SUBCHAPTER G.  TEXAS CENTER FOR ADULT LITERACY AND LEARNING
   7-11        Sec. 88.541.  DUTIES OF TEXAS CENTER FOR ADULT LITERACY AND
   7-12  LEARNING.  (a)  The Texas Center for Adult Literacy and Learning at
   7-13  Texas A&M University shall evaluate instructional videotapes or
   7-14  similar recorded materials generally available for use in providing
   7-15  adult literacy instruction and from time to time shall publish a
   7-16  guide describing and evaluating those videotapes and materials.
   7-17  The center shall encourage cable companies and other appropriate
   7-18  entities to use the guide in selecting materials to use in
   7-19  broadcasting and may take other action to promote the broadcast or
   7-20  dissemination of workbooks and other materials the center considers
   7-21  effective in teaching adult literacy.
   7-22        (b)  The center shall develop voluntary standards for the
   7-23  curriculum and workbooks and other materials used in adult literacy
   7-24  programs, including programs for teaching English as a second
   7-25  language.  To develop the standards, the center shall organize an
   7-26  advisory group and shall encourage the participation of major
   7-27  providers of adult literacy programs in this state, including
   7-28  private nonprofit organizations, institutions of education, and
   7-29  correctional facilities.  The Texas Department of Criminal Justice
   7-30  shall designate an employee of the department to participate in the
   7-31  initial development of the standards.
   7-32        (c)  In connection with the standards developed under
   7-33  Subsection (b), the center shall develop workbooks and other
   7-34  materials to be used by teachers and students in adult literacy
   7-35  programs to track the progress of the student and to allow the
   7-36  student to understand and maintain a record of the student's
   7-37  progress and proficiency.
   7-38        (d)  The center shall develop and update as necessary
   7-39  informational brochures, promotional posters, workbooks, or similar
   7-40  materials suitable for distribution to state employees or the
   7-41  general public describing the need for adult literacy and education
   7-42  services in this state and encouraging qualified persons to support
   7-43  or volunteer to assist programs that provide those services.  As
   7-44  the center determines appropriate, the center may provide samples
   7-45  of those workbooks and other materials to the governing boards or
   7-46  chief executive officers of state agencies, including institutions
   7-47  of higher education, and to other employers and institutions in
   7-48  this state and shall encourage those entities to distribute or make
   7-49  available the workbooks and other materials to their employees.
   7-50        SECTION 2.04.  LITERACY:  ENGLISH AS A SECOND LANGUAGE.
   7-51  Subchapter B, Chapter 13, Education Code, is amended by adding
   7-52  Section 13.044 to read as follows:
   7-53        Sec. 13.044.  ADULT LITERACY AND ENGLISH AS A SECOND LANGUAGE
   7-54  CURRICULUM.  (a)  Each general academic teaching institution, as
   7-55  defined by Section 61.003, that conducts an approved teacher
   7-56  education program shall include in the curriculum of at least one
   7-57  course in the program a unit that introduces the students to the
   7-58  fundamentals of teaching adult literacy and English as a second
   7-59  language courses.
   7-60        (b)  If the institution operates a center for professional
   7-61  development and technology in connection with its teacher education
   7-62  program, the institution through the center may provide interested
   7-63  students in the education program with opportunities for
   7-64  internships or other field-based training and experience in
   7-65  teaching adult literacy or English as a second language.
   7-66        SECTION 2.05.  AFDC RECIPIENTS ELIGIBLE FOR FEDERAL PROGRAMS.
   7-67  (a)  Article 4413(502), Revised Statutes, is amended by adding
   7-68  Section 22 to read as follows:
   7-69        Sec. 22.  AFDC RECIPIENTS ELIGIBLE FOR FEDERAL PROGRAMS.
   7-70  (a)  The commission shall assist recipients of financial assistance
    8-1  under Chapter 31, Human Resources Code, who are eligible for
    8-2  assistance under federal programs to apply for benefits under those
    8-3  federal programs.  The commission may delegate this responsibility
    8-4  to one of the health and human services agencies listed under
    8-5  Section 19, contract with a unit of local government, or use any
    8-6  other cost-effective method to assist financial assistance
    8-7  recipients who are eligible for federal programs.
    8-8        (b)  The commission shall organize a planning group involving
    8-9  the Texas Department of Human Services, the Central Education
   8-10  Agency, and the Texas Rehabilitation Commission to improve workload
   8-11  coordination between those agencies as necessary to administer this
   8-12  section.  To the extent required by the commission, those agencies
   8-13  shall provide information and help train state employees to
   8-14  correctly screen applicants under this section.
   8-15        (b)  Not later than January 15, 1997, the planning group
   8-16  required by Section 22, Article 4413(502), Revised Statutes, as
   8-17  added by this section, shall submit to the legislature and governor
   8-18  a report on the progress the state has made in transferring
   8-19  recipients of state financial assistance to federal programs.  The
   8-20  commission shall notify members of the legislature and the standing
   8-21  committees of the senate and house of representatives having
   8-22  primary jurisdiction over the commission of the filing of the
   8-23  report.
   8-24        SECTION 2.06.  FEDERAL TAX CREDIT.  Subchapter B, Chapter
   8-25  403, Government Code, is amended by adding Section 403.024 to read
   8-26  as follows:
   8-27        Sec. 403.024.  FEDERAL EARNED INCOME TAX CREDIT.  (a)  The
   8-28  comptroller's office is the lead state agency in promoting
   8-29  awareness of the federal earned income tax credit program for
   8-30  working families.
   8-31        (b)  The comptroller shall recruit other state agencies and
   8-32  the governor's office to participate in a coordinated campaign to
   8-33  increase awareness of the federal tax program.
   8-34        SECTION 2.07.  PILOT PROGRAM:  TIME-LIMITED BENEFITS.
   8-35  (a)  The Texas Department of Human Services shall establish a
   8-36  time-limited benefits pilot program that limits the amount of time
   8-37  a person can receive financial assistance under Chapter 31, Human
   8-38  Resources Code.
   8-39        (b)  In implementing the time-limited benefits pilot program,
   8-40  the department:
   8-41              (1)  shall require a person to participate in the
   8-42  program if the person:
   8-43                    (A)  is eligible to participate in the job
   8-44  opportunities and basic skills (JOBS) training program under Part
   8-45  F, Subchapter IV, Social Security Act (42 U.S.C. Section 682); and
   8-46                    (B)  is not the caretaker of a dependent child
   8-47  who is younger than one year of age;
   8-48              (2)  may not provide financial assistance under Chapter
   8-49  31, Human Resources Code, to a participant in the pilot program or
   8-50  to anyone for whom the participant receives financial assistance if
   8-51  the participant has received the financial assistance for a
   8-52  cumulative total of two years;
   8-53              (3)  may not consider financial assistance provided to
   8-54  a participant before the participant completes the job
   8-55  opportunities and basic skills (JOBS) training program in
   8-56  determining the participant's eligibility for financial assistance
   8-57  under Subdivision (2) of this subsection;
   8-58              (4)  shall provide that a participant in the pilot
   8-59  program may reapply with the department for financial assistance on
   8-60  or after the third anniversary of the date on which the participant
   8-61  is totally disqualified from receiving financial assistance because
   8-62  of the application of Subdivision (2) of this subsection;
   8-63              (5)  may extend the amount of time a participant in the
   8-64  pilot program is entitled to receive financial assistance if after
   8-65  an investigation the department determines that limiting the amount
   8-66  of time the participant can receive financial assistance will
   8-67  impose an undue hardship on the participant or the participant's
   8-68  family; and
   8-69              (6)  shall establish the criteria for determining what
   8-70  constitutes undue hardship under Subdivision (5) of this
    9-1  subsection.
    9-2        (c)  The department shall:
    9-3              (1)  adopt rules and set a timetable to implement and
    9-4  complete the pilot program; and
    9-5              (2)  select at least one county in which to establish
    9-6  the pilot program that has:
    9-7                    (A)  a population of 250,000 or more; and
    9-8                    (B)  low unemployment and an effective JOBS
    9-9  program placement-rate.
   9-10        (d)  The department shall establish the pilot program
   9-11  required by this section not later than January 1, 1996.
   9-12        (e)  The Texas Department of Human Services shall submit to
   9-13  the governor and the 75th, 76th, and 77th legislatures a report
   9-14  concerning the effectiveness of the pilot program.  Each report
   9-15  must include an analysis of the characteristics and demographics of
   9-16  recipients and any recommendation for expansion of the program.
   9-17  The department shall notify members of the 75th, 76th, and 77th
   9-18  legislatures and the standing committees of the senate and house of
   9-19  representatives having primary jurisdiction over the department of
   9-20  the filing of the report.
   9-21        (f)  This section expires September 1, 2001.
   9-22        SECTION 2.08.  PILOT PROGRAM:  EMERGENCY ASSISTANCE FOR
   9-23  FAMILIES IN A CRISIS.  (a)  The Texas Department of Human Services
   9-24  shall seek federal funding that would allow the department to
   9-25  establish an emergency assistance pilot program to support families
   9-26  in a crisis who would otherwise be eligible for financial
   9-27  assistance.
   9-28        (b)  The department shall establish the pilot program in a
   9-29  high-employment area of the state or an area that uses the
   9-30  electronic benefits transfer system.
   9-31        (c)  The department by rule shall develop guidelines to
   9-32  administer the program, including:
   9-33              (1)  eligibility guidelines;
   9-34              (2)  guidelines specifying whether the assistance is a
   9-35  one-time cash payment to a family; and
   9-36              (3)  guidelines specifying whether an applicant who
   9-37  receives the emergency assistance must agree to forgo applying for
   9-38  financial assistance under Chapter 31, Human Resources Code, for
   9-39  one year, or another appropriate limitation determined by the
   9-40  department.
   9-41        (d)  The department shall report to the governor and the 75th
   9-42  and 76th legislatures regarding the program's success in helping
   9-43  families in a crisis avoid becoming AFDC clients.  The department
   9-44  shall notify members of the 75th and 76th legislatures and the
   9-45  standing committees of the senate and house of representatives
   9-46  having primary jurisdiction over the department of the filing of
   9-47  the report.
   9-48        (e)  This section expires September 1, 1999.
   9-49        SECTION 2.09.  PILOT PROGRAM:  SAVINGS ACCOUNTS FOR AFDC
   9-50  RECIPIENTS.  (a)  In conjunction with the state treasurer, the
   9-51  Texas Department of Human Services shall establish a pilot program
   9-52  to create individual development accounts for individuals who are
   9-53  receiving financial assistance under Chapter 31, Human Resources
   9-54  Code, to encourage recipients to achieve self-sufficiency.
   9-55        (b)  The department by rule may provide for:
   9-56              (1)  the number of financial assistance recipients who
   9-57  may participate in the program; and
   9-58              (2)  the maximum amount that may be saved by a
   9-59  participant.
   9-60        (c)  The department shall encourage private sector employers
   9-61  to provide matching funds for employed recipients of financial
   9-62  assistance who are participating in this program.
   9-63        (d)  The department shall report to the governor and the 75th
   9-64  and 76th legislatures regarding the success of the program.  The
   9-65  department shall notify members of the 75th and 76th legislatures
   9-66  and the standing committees of the senate and house of
   9-67  representatives having primary jurisdiction over the department of
   9-68  the filing of the report.
   9-69        (e)  This section expires September 1, 1999.
   9-70        SECTION 2.10.  WORK HISTORY AND 100-HOUR RULE WAIVER.  Not
   10-1  later than December 1, 1995, the Texas Department of Human Services
   10-2  shall reapply for a federal waiver to eliminate the work history
   10-3  and 100-hour rules for two-parent families and to enable the
   10-4  department to fully implement Section 31.014, Human Resources Code.
   10-5        SECTION 2.11.  APPLICATION DATE.  This article applies only
   10-6  to a person who receives financial assistance under Chapter 31,
   10-7  Human Resources Code, on or after September 1, 1995, regardless of
   10-8  the date on which eligibility for that assistance was determined.
   10-9                 ARTICLE 3.  REDUCING FRAUD AND ERROR
  10-10        SECTION 3.01.  PUBLIC ASSISTANCE FRAUD OVERSIGHT TASK FORCE.
  10-11  Chapter 21, Human Resources Code, is amended by adding Section
  10-12  21.0145 to read as follows:
  10-13        Sec. 21.0145.  PUBLIC ASSISTANCE FRAUD OVERSIGHT TASK FORCE.
  10-14  (a)  The Public Assistance Fraud Oversight Task Force is created to
  10-15  advise and assist the department and the department's office of the
  10-16  inspector general in improving the efficiency of fraud
  10-17  investigations and collections.
  10-18        (b)  The task force is composed of a representative of the:
  10-19              (1)  attorney general's office, appointed by the
  10-20  attorney general;
  10-21              (2)  comptroller's office, appointed by the
  10-22  comptroller;
  10-23              (3)  Department of Public Safety of the State of Texas,
  10-24  appointed by the public safety director;
  10-25              (4)  state auditor's office, appointed by the state
  10-26  auditor; and
  10-27              (5)  Texas Department of Human Services, appointed by
  10-28  the commissioner of human services.
  10-29        (c)  The comptroller or the comptroller's designee serves as
  10-30  the presiding officer of the task force.  The task force may elect
  10-31  any other necessary officers.
  10-32        (d)  The task force shall meet at least once each fiscal
  10-33  quarter at the call of the presiding officer.
  10-34        (e)  The appointing agency is responsible for the expenses of
  10-35  a member's service on the task force.  Members of the task force
  10-36  receive no additional compensation for serving on the task force.
  10-37        (f)  At least once each fiscal quarter, the department's
  10-38  office of the inspector general shall provide to the task force:
  10-39              (1)  information detailing:
  10-40                    (A)  the number of fraud referrals made to the
  10-41  office and the origin of each referral;
  10-42                    (B)  the time spent investigating each case;
  10-43                    (C)  the number of cases investigated each month,
  10-44  by program and region;
  10-45                    (D)  the dollar value of each fraud case that
  10-46  results in a criminal conviction; and
  10-47                    (E)  the number of cases the office rejects and
  10-48  the reason for rejection, by region; and
  10-49              (2)  any additional information the task force
  10-50  requires.
  10-51        SECTION 3.02.  FRAUD PREVENTION.  (a)  Chapter 22, Human
  10-52  Resources Code, is amended by adding Section 22.027 to read as
  10-53  follows:
  10-54        Sec. 22.027.  FRAUD PREVENTION.  (a)  The department's office
  10-55  of the inspector general shall compile and disseminate accurate
  10-56  information and statistics relating to:
  10-57              (1)  fraud prevention; and
  10-58              (2)  post-fraud referrals received and accepted or
  10-59  rejected from the department's case management system.
  10-60        (b)  The department shall:
  10-61              (1)  aggressively publicize successful fraud
  10-62  prosecutions; and
  10-63              (2)  establish and promote a toll-free hotline for
  10-64  reporting suspected fraud in programs administered by the
  10-65  department.
  10-66        (c)  The department shall establish an interstate information
  10-67  sharing agreement with its agency counterparts in Arkansas,
  10-68  Louisiana, New Mexico, and Oklahoma to prevent a person from
  10-69  simultaneously receiving public assistance from more than one
  10-70  state.  The agreement shall provide for sharing information
   11-1  necessary to identify an applicant or recipient, including that
   11-2  person's name, social security number, address, and age.
   11-3        (d)  The department shall:
   11-4              (1)  verify automobile information that is used as
   11-5  criteria for eligibility; and
   11-6              (2)  establish a computerized matching system with the
   11-7  Texas Department of Criminal Justice to prevent an incarcerated
   11-8  individual from illegally receiving public assistance benefits
   11-9  administered by the department.
  11-10        (b)  The Texas Department of Human Services shall:
  11-11              (1)  evaluate the costs and benefits of the five-day
  11-12  time limit the department prescribes for the investigation of fraud
  11-13  prevention referrals; and
  11-14              (2)  consider lowering the criteria for acceptance by
  11-15  the department's office of the inspector general of post-fraud
  11-16  referrals.
  11-17        (c)  If the department lowers the criteria for accepting
  11-18  post-fraud referrals, the department shall require each department
  11-19  office to apply that criteria.
  11-20        SECTION 3.03.  PREVENTING FRAUD THROUGH CERTIFICATE OF TITLE.
  11-21  The Certificate of Title Act (Article 6687-1, Vernon's Texas Civil
  11-22  Statutes) is amended by adding Section 27a to read as follows:
  11-23        Sec. 27a.  In a county in which the Department's automated
  11-24  registration and title system has been implemented, the Department
  11-25  shall require an individual applying for a certificate of title to
  11-26  give the applicant's social security number.  The Department or
  11-27  county shall enter an applicant's social security number in the
  11-28  Department's electronic database but may not print the number on
  11-29  the certificate of title.
  11-30        SECTION 3.04.  PREVENTING FRAUD THROUGH VEHICLE REGISTRATION
  11-31  DATABASE.  Section 17A, Chapter 88, General Laws, Acts of the 41st
  11-32  Legislature, 2nd Called Session, 1929 (Article 6675a-17A, Vernon's
  11-33  Texas Civil Statutes), is amended by amending Subsection (b) and
  11-34  adding Subsection (c) to read as follows:
  11-35        (b)  This section does not apply to the release of
  11-36  information to:
  11-37              (1)  a peace officer, as that term is defined in
  11-38  Article 2.12, Code of Criminal Procedure, if the officer is acting
  11-39  in an official capacity; or
  11-40              (2)  an official of the state, a city, town, county,
  11-41  special district, or other political subdivision of the state if
  11-42  the official is requesting the information for tax purposes or for
  11-43  the purpose of determining eligibility for a state public
  11-44  assistance program.
  11-45        (c)  The Texas Department of Transportation shall provide a
  11-46  dedicated line to its vehicle registration record database for use
  11-47  by other state agencies to determine eligibility for a state public
  11-48  assistance program.  Access to records and transmission of
  11-49  information under this subsection does not affect whether the
  11-50  information is subject to disclosure under Chapter 552, Government
  11-51  Code.
  11-52        SECTION 3.05.  TASK FORCE:  ELECTRONIC BENEFITS TRANSFERS.
  11-53  Article 4413(502), Revised Statutes, is amended by adding Section
  11-54  10B to read as follows:
  11-55        Sec. 10B.  INTERAGENCY TASK FORCE ON ELECTRONIC BENEFITS
  11-56  TRANSFERS.  (a)  An interagency task force is created to advise and
  11-57  assist the commission in adding new benefit programs to the
  11-58  statewide electronic benefits transfer (EBT) system.
  11-59        (b)  The task force is composed of:
  11-60              (1)  a representative of:
  11-61                    (A)  the attorney general's office, appointed by
  11-62  the attorney general;
  11-63                    (B)  the comptroller's office, appointed by the
  11-64  comptroller;
  11-65                    (C)  the commission, appointed by the
  11-66  commissioner;
  11-67                    (D)  the Texas Department of Health, appointed by
  11-68  the commissioner of public health;
  11-69                    (E)  the Texas Department of Human Services,
  11-70  appointed by the commissioner of human services;
   12-1                    (F)  the Texas Employment Commission, appointed
   12-2  by the chairman of that agency; and
   12-3                    (G)  the Texas Rehabilitation Commission,
   12-4  appointed by the commissioner of that agency; and
   12-5              (2)  two representatives of each of the following
   12-6  groups, appointed by the comptroller:
   12-7                    (A)  retailers who maintain EBT point-of-sale
   12-8  equipment;
   12-9                    (B)  banks or owners of automatic teller
  12-10  machines; and
  12-11                    (C)  consumer or client advocacy organizations.
  12-12        (c)  A member of the task force serves at the will of the
  12-13  appointing agency.
  12-14        (d)  The representative of the comptroller's office serves as
  12-15  presiding officer.  The task force may elect any other necessary
  12-16  officers.
  12-17        (e)  The task force shall meet at the call of the presiding
  12-18  officer.
  12-19        (f)  The appointing agency is responsible for the expenses of
  12-20  a member's service on the task force.  A member of the task force
  12-21  receives no additional compensation for serving on the task force.
  12-22        (g)  The task force shall:
  12-23              (1)  serve as the state counterpoint to the federal EBT
  12-24  task force;
  12-25              (2)  identify benefit programs that merit addition to
  12-26  the state's EBT system;
  12-27              (3)  identify and address problems that may occur if a
  12-28  program is added;
  12-29              (4)  pursue state-federal partnerships to facilitate
  12-30  the development and expansion of the state's EBT system;
  12-31              (5)  track and distribute federal legislation and
  12-32  information from other states that relate to EBT systems;
  12-33              (6)  ensure efficiency and planning coordination in
  12-34  relation to the state's EBT system;
  12-35              (7)  develop a plan, using the experience and expertise
  12-36  of the Department of Public Safety of the State of Texas, for the
  12-37  use of a photograph or other imaging technology on all EBT cards
  12-38  and, if proven to be effective in reducing fraud and misuse,
  12-39  institute its use starting with replacement cards in the current
  12-40  EBT program; and
  12-41              (8)  review current and potential fraud problems with
  12-42  EBT and propose methods to prevent or deter fraud.
  12-43        (h)  In determining which benefit programs can be added to
  12-44  the state's EBT system, the task force shall consider, at a
  12-45  minimum:
  12-46              (1)  the savings to the state;
  12-47              (2)  the ease of addition to existing infrastructure;
  12-48  and
  12-49              (3)  the number of clients served.
  12-50        SECTION 3.06.  ERROR-RATE REDUCTION.  (a)  Chapter 22, Human
  12-51  Resources Code, is amended by adding Sections 22.025 and 22.026 to
  12-52  read as follows:
  12-53        Sec. 22.025.  ERROR-RATE REDUCTION.  (a)  The department
  12-54  shall:
  12-55              (1)  set progressive goals for improving the
  12-56  department's error rates in the aid to families with dependent
  12-57  children and food stamp programs; and
  12-58              (2)  develop a specific schedule to meet those goals.
  12-59        (b)  Each fiscal quarter, the department shall prepare a
  12-60  report detailing the progress the department has made in reaching
  12-61  its goals.  The report must include an analysis by region of the
  12-62  department's goals and performance relating to error-rate
  12-63  reduction.  The department shall send a copy of the report to the
  12-64  governor's office, the legislative budget office, and any
  12-65  appropriate interagency task force having oversight responsibility
  12-66  over welfare fraud.
  12-67        (c)  As appropriate, the department shall include in its
  12-68  employee evaluation process a rating system that emphasizes
  12-69  error-rate reduction and workload.
  12-70        (d)  The department shall take appropriate disciplinary
   13-1  action, including dismissal, against management and other staff if
   13-2  a region has a higher than average error rate and that rate is not
   13-3  reduced in a reasonable period.
   13-4        Sec. 22.026.  REDUCTION OF CLIENT FRAUD.  The department
   13-5  shall:
   13-6              (1)  ensure that errors attributed to client fraud are
   13-7  appropriate; and
   13-8              (2)  take immediate and appropriate action to limit any
   13-9  client fraud that occurs.
  13-10        (b)  Not later than November 1, 1995, the Texas Department of
  13-11  Human Services shall develop a concentrated and effective plan for
  13-12  the City of Houston region to reduce the department's error rates
  13-13  in the aid to families with dependent children and food stamp
  13-14  programs.
  13-15        (c)  The Texas Department of Human Services shall make the
  13-16  first progress report required by Section 22.025, Human Resources
  13-17  Code, as added by this article, not later than September 1, 1995.
  13-18        SECTION 3.07.  MODIFICATION OF SCREENING AND SERVICE DELIVERY
  13-19  REQUIREMENTS.  Section 33.002, Human Resources Code, is amended by
  13-20  adding Subsection (g) to read as follows:
  13-21        (g)  The department may, within federal limits, modify the
  13-22  one-day screening and service delivery requirements prescribed by
  13-23  Subsection (e) if the department determines that the modification
  13-24  is necessary to achieve a state error rate that is equal to or
  13-25  below the national average error rate.
  13-26        SECTION 3.08.  ELECTRONIC IMAGING PILOT PROGRAM.  (a)  In
  13-27  conjunction with the comptroller and any other appropriate agency,
  13-28  the Texas Department of Human Services by rule shall develop a
  13-29  36-month pilot program in Harris County to prevent welfare fraud by
  13-30  using a type of electronic fingerprint-imaging of applicants for
  13-31  and recipients of financial assistance under this chapter.  The
  13-32  department may expand the pilot program statewide.
  13-33        (b)  In adopting rules under this section, the department
  13-34  shall ensure that any electronic imaging performed by the
  13-35  department is strictly confidential and is used only to prevent
  13-36  fraud by recipients of assistance.
  13-37        (c)  The department shall use an imaging system in
  13-38  conjunction with the Department of Public Safety of the State of
  13-39  Texas or an alternative method that is more cost-effective.
  13-40        (d)  Each fiscal quarter, the department shall submit to the
  13-41  governor and the legislature a report on the status and progress of
  13-42  the pilot program.
  13-43        (e)  The department shall establish the electronic imaging
  13-44  pilot program required by this section not later than January 1,
  13-45  1996.
  13-46                ARTICLE 4.  INCREASING FEDERAL FUNDING
  13-47        SECTION 4.01.  FEDERAL FUNDING:  MENTAL HEALTH SERVICES.
  13-48  Subchapter B, Chapter 533, Health and Safety Code, is amended by
  13-49  adding Section 533.046 to read as follows:
  13-50        Sec. 533.046.  FEDERAL FUNDING FOR MENTAL HEALTH SERVICES FOR
  13-51  CHILDREN AND FAMILIES.  (a)  The department shall enter into an
  13-52  interagency agreement with the Texas Department of Human Services
  13-53  to:
  13-54              (1)  amend the eligibility requirements of the state's
  13-55  emergency assistance plan under Title IV-A, Social Security Act (42
  13-56  U.S.C. Section 601 et seq.), to include mental health emergencies;
  13-57  and
  13-58              (2)  prescribe the procedures the agencies will use to
  13-59  delegate to the department and to local mental health and mental
  13-60  retardation authorities the administration of mental health
  13-61  emergency assistance.
  13-62        (b)  The interagency agreement must provide that:
  13-63              (1)  the department certify to the Texas Department of
  13-64  Human Services the nonfederal expenditures for which the state will
  13-65  claim federal matching funds; and
  13-66              (2)  the Texas Department of Human Services retain
  13-67  responsibility for making final eligibility decisions.
  13-68        (c)  The department shall allocate to local mental health and
  13-69  mental retardation authorities 66 percent of the federal funds
  13-70  received under this section.
   14-1        SECTION 4.02.  FEDERAL FUNDING:  CHEMICAL DEPENDENCY
   14-2  SERVICES.  (a)  Article 4413(502), Revised Statutes, is amended by
   14-3  adding Section 10A to read as follows:
   14-4        Sec. 10A.  FEDERAL FUNDING FOR CHEMICAL DEPENDENCY SERVICES.
   14-5  The commission shall coordinate with the Texas Commission on
   14-6  Alcohol and Drug Abuse and the Texas Department of Human Services
   14-7  to amend the eligibility requirements of the state's emergency
   14-8  assistance plan under Title IV-A, federal Social Security Act (42
   14-9  U.S.C. Section 601 et seq.), to include either a child or a
  14-10  significant adult in a child's family who needs chemical dependency
  14-11  treatment.
  14-12        (b)  The Texas Department on Alcohol and Drug Abuse shall
  14-13  continue to study the feasibility of amending the state's Medicaid
  14-14  plan to include chemical dependency treatment as an allowable
  14-15  service.
  14-16        SECTION 4.03.  FEDERAL FUNDS; FOSTER CARE.  (a)  Article
  14-17  4413(503), Revised Statutes, is amended by adding Section 12A to
  14-18  read as follows:
  14-19        Sec. 12A.  FEDERAL FUNDING FOR CERTAIN CHILDREN.  (a)  For
  14-20  purposes of Medicaid eligibility only, the department shall
  14-21  classify as a "child in foster care" each child who is in the
  14-22  conservatorship of the state and placed in the home of a relative.
  14-23  A child classified as a "child in foster care" under this
  14-24  subsection is not automatically eligible to receive foster care
  14-25  payments because of that classification.
  14-26        (b)  The department shall ensure that each time study used to
  14-27  allocate costs identifies all costs incurred on behalf of a child
  14-28  if the child's case plan clearly indicates that foster care is the
  14-29  planned arrangement for that child.
  14-30        (c)  The department shall claim federal financial
  14-31  participation under Title IV-E, federal Social Security Act (42
  14-32  U.S.C. Section 670 et seq.), for all nonrecurring adoption expenses
  14-33  at the highest rate authorized by federal law.  The department
  14-34  shall include all charges from state attorneys and state courts and
  14-35  any applicable overhead.  The department may claim the expenses as
  14-36  either administrative or training expenses, depending on which
  14-37  classification results in a higher federal match.
  14-38        (b)  The Department of Protective and Regulatory Services
  14-39  shall file an adjustment to its previous quarterly claims under
  14-40  Title IV-E, federal Social Security Act (42 U.S.C. Section 670 et
  14-41  seq.), to claim retroactive federal financial participation for the
  14-42  incremental difference for each quarter in which nonrecurring
  14-43  adoption expenses have been identified as a legitimate expense.
  14-44        (c)  The department shall request a waiver from the federal
  14-45  two-year limitation on the period in which the state can file
  14-46  certain claims in accordance with Section 1320b-2(b), federal
  14-47  Social Security Act (42 U.S.C. Section 1320b-2(b)).  If the waiver
  14-48  is denied, the department shall exhaust all administrative remedies
  14-49  and, if necessary, seek judicial review to obtain a court order
  14-50  reducing the claim to judgment and mandating retroactive payment.
  14-51                       ARTICLE 5.  IMMUNIZATIONS
  14-52        SECTION 5.01.  IMMUNIZATIONS FOR CHILDREN.  Section 31.031,
  14-53  Human Resources Code, is amended by adding Subsections (c), (d),
  14-54  and (e) to read as follows:
  14-55        (c)  The department shall require the applicant to provide
  14-56  proof to the department that each child for whom the applicant will
  14-57  receive assistance:
  14-58              (1)  has been immunized in accordance with Section
  14-59  161.004, Health and Safety Code;
  14-60              (2)  is currently receiving an immunization series in
  14-61  accordance with Section 161.004, Health and Safety Code, if the
  14-62  child is of sufficient age; or
  14-63              (3)  is exempted under Section 161.004(d), Health and
  14-64  Safety Code.
  14-65        (d)  An applicant who cannot provide the proof required by
  14-66  Subsection (c) at the time of application shall provide the proof
  14-67  not later than the 180th day after the date the department
  14-68  determines the applicant is eligible for financial assistance.
  14-69        (e)  The department by rule shall provide sanctions for a
  14-70  financial assistance recipient's failure to comply with Subsection
   15-1  (c) or (d).
   15-2             ARTICLE 6.  WAIVER; EFFECTIVE DATE; EMERGENCY
   15-3        SECTION 6.01.  WAIVER.  If before implementing a provision of
   15-4  this Act a state agency determines that a waiver or authorization
   15-5  from a federal agency is necessary for implementation, the agency
   15-6  shall request the waiver or authorization and may delay
   15-7  implementing that provision until the waiver or authorization is
   15-8  granted.
   15-9        SECTION 6.02.  EFFECTIVE DATE.  Except as otherwise provided
  15-10  by this Act, this Act takes effect September 1, 1995.
  15-11        SECTION 6.03.  EMERGENCY.  The importance of this legislation
  15-12  and the crowded condition of the calendars in both houses create an
  15-13  emergency and an imperative public necessity that the
  15-14  constitutional rule requiring bills to be read on three several
  15-15  days in each house be suspended, and this rule is hereby suspended.
  15-16                               * * * * *
  15-17                               * * * * *