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.