By Nixon                                              S.B. No. 1656
       74R10122 CLG-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to AFDC benefits for persons convicted of certain
    1-3  offenses.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter A, Chapter 31, Human Resources Code,
    1-6  is amended by adding Section 31.015 to read as follows:
    1-7        Sec. 31.015.  ELIGIBILITY FOR ASSISTANCE.  (a)  A person is
    1-8  not eligible to begin or continue receiving financial assistance or
    1-9  services under this chapter if:
   1-10              (1)  the person has two or more convictions for an
   1-11  offense under Subchapter D, Chapter 481, Health and Safety Code, or
   1-12  for a felony, other than a state jail felony; and
   1-13              (2)  the date of the person's most recent conviction
   1-14  for an offense described by Subdivision (1) occurs:
   1-15                    (A)  during the 10 years preceding the date the
   1-16  person applies to receive that assistance, in the case of a person
   1-17  who seeks to begin receiving assistance or services; or
   1-18                    (B)  while the person is receiving financial
   1-19  assistance or services, in the case of a person who seeks to
   1-20  continue receiving assistance or services.
   1-21        (b)  The department by rule shall provide for a hearing or
   1-22  other proceeding to ensure that a person to whom this section
   1-23  applies receives due process.
   1-24        SECTION 2.  Subchapter F, Chapter 411, Government Code, is
    2-1  amended by adding Section 411.128 to read as follows:
    2-2        Sec. 411.128.  ACCESS TO CRIMINAL HISTORY RECORD
    2-3  INFORMATION:  AFDC PROGRAM.  (a)  The Texas Department of Human
    2-4  Services is entitled to obtain from the department criminal history
    2-5  record information maintained by the department that relates to a
    2-6  person who is applying for or receiving financial assistance or
    2-7  services under Chapter 31, Human Resources Code, on behalf of a
    2-8  dependent child.
    2-9        (b)  The Texas Department of Human Services is entitled to
   2-10  obtain only criminal history record information that relates to the
   2-11  conviction of the person.
   2-12        SECTION 3.  If before implementing Section 31.015, Human
   2-13  Resources Code, as added by this Act, the Texas Department of Human
   2-14  Services determines that a waiver or authorization from a federal
   2-15  agency is necessary for implementation, the department shall
   2-16  request the waiver or authorization and may delay implementing that
   2-17  provision until the waiver or authorization is granted.
   2-18        SECTION 4.  This Act takes effect September 1, 1995, and
   2-19  applies only to a person who applies for financial assistance under
   2-20  Chapter 31, Human Resources Code, on or after that date.  A person
   2-21  who applied for financial assistance under Chapter 31, Human
   2-22  Resources Code, before the effective date of this Act is governed
   2-23  by the law as it existed immediately before the effective date, and
   2-24  that law is continued in effect for that purpose.
   2-25        SECTION 5.  The importance of this legislation and the
   2-26  crowded condition of the calendars in both houses create an
   2-27  emergency and an imperative public necessity that the
    3-1  constitutional rule requiring bills to be read on three several
    3-2  days in each house be suspended, and this rule is hereby suspended.