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.