By West                                               S.B. No. 1130
       74R6353 CLG-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to a reduction in AFDC benefits for certain children who
    1-3  do not regularly attend school.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 31.001, Human Resources Code, is amended
    1-6  to read as follows:
    1-7        Sec. 31.001.  Aid to Families With Dependent Children.  (a)
    1-8  The department shall provide financial assistance and services to
    1-9  families with dependent children in accordance with the provisions
   1-10  of this chapter.
   1-11        (b)  The signature on the AFDC application of the parent,
   1-12  guardian, managing conservator, or other individual who is applying
   1-13  for assistance constitutes written consent for the release to the
   1-14  department of school attendance records required to administer
   1-15  Subchapter E.
   1-16        SECTION 2.  Chapter 31, Human Resources Code, is amended by
   1-17  adding Subchapter E to read as follows:
   1-18      SUBCHAPTER E.  SCHOOL ATTENDANCE REQUIREMENT FOR SCHOOL-AGE
   1-19         DEPENDENT CHILDREN AND CHILD RECIPIENTS OF ASSISTANCE
   1-20        Sec. 31.081.  APPLICATION OF SUBCHAPTER.  This subchapter
   1-21  applies only to a child who:
   1-22              (1)  is at least six years of age but younger than 18
   1-23  years of age;
   1-24              (2)  is a dependent child or is receiving financial
    2-1  assistance under this chapter on behalf of a dependent child;
    2-2              (3)  does not have a high school diploma or a high
    2-3  school equivalency certificate; and
    2-4              (4)  is not specifically exempted from compulsory
    2-5  attendance under Section 21.033, Education Code.
    2-6        Sec. 31.082.  BENEFITS REDUCED.  (a)  If after an
    2-7  investigation, the department determines that a child to whom this
    2-8  subchapter applies is not regularly attending school during a
    2-9  four-month period, the department shall reduce by the following
   2-10  percentage the amount of financial assistance that would otherwise
   2-11  be provided to or for that child under this chapter:
   2-12        Number of four-month periods          Percentage reduction
   2-13        during which the department
   2-14        has determined that the child is
   2-15        not regularly attending school
   2-16        one                                   10 percent
   2-17        two                                   25 percent
   2-18        three or more                         50 percent
   2-19        (b)  The department shall immediately notify the individual
   2-20  receiving the financial assistance or, if applicable, the child's
   2-21  parent, guardian, or managing conservator, if the department
   2-22  determines that:
   2-23              (1)  the child is not regularly attending school; and
   2-24              (2)  assistance is to be reduced under this section.
   2-25        Sec. 31.083.  RESTORATION OF BENEFITS.  The department shall
   2-26  immediately restore the amount of financial assistance provided to
   2-27  or for a child who has had a reduction in assistance under Section
    3-1  31.082(a) to the amount the department would otherwise provide to
    3-2  or for that child if:
    3-3              (1)  the department determines in a subsequent
    3-4  investigation that the child is regularly attending school;
    3-5              (2)  the child receives a high school diploma or a high
    3-6  school equivalency certificate;
    3-7              (3)  the child is specifically exempted from compulsory
    3-8  attendance under Section 21.033, Education Code; or
    3-9              (4)  the child reaches the child's 18th birthday, if
   3-10  the child is receiving assistance on behalf of a dependent child.
   3-11        Sec. 31.084.  ADDITIONAL REDUCTION.  (a)  If the department
   3-12  determines in a subsequent investigation that a child who has had a
   3-13  reduction in financial assistance under Section 31.082(a) is still
   3-14  not regularly attending school, or is not regularly attending
   3-15  school after benefits were restored under Section 31.083, the
   3-16  department shall decrease the amount of the assistance accordingly.
   3-17        (b)  The department shall base the reduction of assistance
   3-18  for a child under this section on the number of four-month periods
   3-19  for which the department determines after an investigation that the
   3-20  child is not regularly attending school.
   3-21        Sec. 31.085.  SCHOOL ATTENDANCE REQUIRED.  (a)  The
   3-22  department by rule shall establish criteria to determine whether a
   3-23  child to whom this subchapter applies is regularly attending
   3-24  school.  The rules shall provide that:
   3-25              (1)  the child may not have more than three unexcused
   3-26  absences from school in a four-month period; and
   3-27              (2)  attendance for a school day is considered at least
    4-1  five hours of a regular school day.
    4-2        (b)  At the end of every grading period, the department shall
    4-3  contact the school attendance officer at the school in which the
    4-4  child is enrolled to determine the number of unexcused absences.
    4-5        Sec. 31.086.  EXEMPTIONS; EXCUSED ABSENCES.  (a)  The
    4-6  department by rule shall prescribe criteria for:
    4-7              (1)  exempting a child from this subchapter; and
    4-8              (2)  determining whether an absence is excused.
    4-9        (b)  The rules relating to excused absences may be no more
   4-10  restrictive than the standards for determining an excused absence
   4-11  under Subchapter B, Chapter 21, Education Code.
   4-12        Sec. 31.087.  GOOD CAUSE NONCOMPLIANCE HEARING.  (a)  If the
   4-13  department has determined that a child to whom this subchapter
   4-14  applies is not regularly attending school, the child, the
   4-15  individual receiving assistance on behalf of the child, or the
   4-16  child's parent, guardian, or managing conservator may request a
   4-17  hearing to show good cause for noncompliance not later than the
   4-18  10th day after the date on which notice under Section 31.082(b) is
   4-19  received.
   4-20        (b)  The department shall promptly conduct a hearing if a
   4-21  timely request for the hearing is made under Subsection (a).
   4-22  During the hearing, the person requesting the hearing may contend
   4-23  that the child is not subject to this subchapter or that some or
   4-24  all of the absences should be excused.
   4-25        (c)  The department shall reduce in accordance with Section
   4-26  31.082(a) the financial assistance provided to or for the child if
   4-27  the department finds that:
    5-1              (1)  good cause for noncompliance was not shown at the
    5-2  hearing;
    5-3              (2)  the child had the number of unexcused absences
    5-4  during a four-month period required for the reduction; and
    5-5              (3)  if necessary, the department has previously
    5-6  determined for a four-month period that the child was not regularly
    5-7  attending school.
    5-8        SECTION 3.  If before implementing Subchapter E,  Chapter 31,
    5-9  Human Resources Code, as added by this Act, the Texas Department of
   5-10  Human Services determines that a waiver or authorization from a
   5-11  federal agency is necessary for implementation, the department
   5-12  shall request the waiver or authorization and may delay
   5-13  implementing that subchapter until the waiver or authorization is
   5-14  granted.
   5-15        SECTION 4.  This Act takes effect September 1, 1995, and
   5-16  applies only to benefits provided to or for a child who does not
   5-17  meet attendance requirements or who drops out of school on or after
   5-18  that date.  Benefits provided to a child who does not meet
   5-19  attendance requirements before the effective date of this Act are
   5-20  governed by the law in effect on the day the child failed to meet
   5-21  attendance requirements, and that law is continued in effect for
   5-22  that purpose.
   5-23        SECTION 5.  The importance of this legislation and the
   5-24  crowded condition of the calendars in both houses create an
   5-25  emergency and an imperative public necessity that the
   5-26  constitutional rule requiring bills to be read on three several
   5-27  days in each house be suspended, and this rule is hereby suspended.