By Shapiro S.B. No. 1493
74R8225 CLG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to eligibility for AFDC benefits.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter A, Chapter 31, Human Resources Code,
1-5 is amended by adding Sections 31.0035, 31.015, and 31.016 to read
1-6 as follows:
1-7 Sec. 31.0035. FINANCIAL ASSISTANCE FOR ADDITIONAL DEPENDENT
1-8 CHILDREN. (a) For purposes of determining the amount of financial
1-9 assistance granted under this chapter for the support of dependent
1-10 children, the department may consider a child born from a pregnancy
1-11 that occurs after the date on which the child's mother initially
1-12 became eligible to receive financial assistance on behalf of
1-13 another dependent child born to that person. The department may
1-14 not consider any other child born to that mother after that
1-15 pregnancy.
1-16 (b) Notwithstanding Subsection (a), the department shall
1-17 consider any latter-born child for purposes of:
1-18 (1) determining whether the family meets household
1-19 income and resources requirements for eligibility for financial
1-20 assistance under this chapter; and
1-21 (2) requiring the cooperation of the person who would
1-22 otherwise be receiving financial assistance on behalf of the child
1-23 in:
1-24 (A) identifying and locating an absent parent of
2-1 the child;
2-2 (B) establishing the maternity or paternity of
2-3 the child if necessary; or
2-4 (C) providing other information that is
2-5 necessary to establish and enforce a court-ordered child support
2-6 obligation for the child.
2-7 (c) Notwithstanding Subsection (a), the state shall provide
2-8 to any latter-born child:
2-9 (1) child care and other services provided under this
2-10 chapter to a dependent child; and
2-11 (2) medical assistance under the state Medicaid
2-12 program.
2-13 Sec. 31.015. LOSS OF ELIGIBILITY. The department may
2-14 provide financial assistance to a person under this chapter only
2-15 until the third anniversary of the date on which the person is
2-16 determined to be eligible to receive the financial assistance.
2-17 Sec. 31.016. BENEFITS WITHHELD. (a) The department, in
2-18 accordance with the following schedule, shall withhold financial
2-19 assistance or services, or both, provided under this chapter for
2-20 the support of an adult who is penalized by the department for
2-21 failing to comply with a requirement prescribed by the department
2-22 under this chapter:
2-23 (1) for the first violation, the department may not
2-24 provide financial assistance under this chapter for the month
2-25 following the month in which the department imposes the penalty on
2-26 the adult;
2-27 (2) for the second violation, the department may not
3-1 provide financial assistance or services under this chapter until
3-2 the first anniversary of the date on which the department imposes
3-3 the penalty on the adult; and
3-4 (3) for three or more violations, the department may
3-5 not provide financial assistance or services under this chapter
3-6 until the third anniversary of the date on which the department
3-7 imposes the penalty on the adult.
3-8 (b) If financial assistance is withheld under Subsection
3-9 (a)(1), the department shall reassess the adult recipient's ability
3-10 to comply with the requirement prescribed by the department. Based
3-11 on that assessment, the department shall draft an individualized
3-12 plan for the adult recipient to assist the adult recipient in
3-13 complying with the requirement.
3-14 (c) For purposes of this section, the department shall
3-15 determine the number of violations based on the total number of
3-16 times an adult recipient is penalized, regardless of the number of
3-17 times the adult recipient reapplies under this chapter.
3-18 SECTION 2. If before implementing any provision of this Act
3-19 the Texas Department of Human Services determines that a waiver or
3-20 authorization from a federal agency is necessary for implementation
3-21 of that provision, the department shall request the waiver and may
3-22 delay implementing that provision until the waiver or authorization
3-23 is granted.
3-24 SECTION 3. In determining eligibility for financial
3-25 assistance under Section 31.015, Human Resources Code, as added by
3-26 this Act, the Texas Department of Human Services may not consider
3-27 benefits provided before the effective date of this Act.
4-1 SECTION 4. Section 31.0035, Human Resources Code, as added
4-2 by this Act, applies only to a child born on or after July 1, 1996,
4-3 to a mother who, on behalf of another child born to that mother,
4-4 receives financial assistance under Chapter 31, Human Resources
4-5 Code, on or after the effective date of this Act, regardless of the
4-6 date on which eligibility for that assistance was determined.
4-7 SECTION 5. Section 31.016, Human Resources Code, as added by
4-8 this Act, applies only to a person who receives financial
4-9 assistance under Chapter 31, Human Resources Code, on or after the
4-10 effective date of this Act, regardless of the date on which
4-11 eligibility for that assistance was determined.
4-12 SECTION 6. This Act takes effect September 1, 1995.
4-13 SECTION 7. The importance of this legislation and the
4-14 crowded condition of the calendars in both houses create an
4-15 emergency and an imperative public necessity that the
4-16 constitutional rule requiring bills to be read on three several
4-17 days in each house be suspended, and this rule is hereby suspended.