1-1  By:  Nixon                                            S.B. No. 1656
    1-2        (In the Senate - Filed April 19, 1995; April 19, 1995, read
    1-3  first time and referred to Committee on Health and Human Services;
    1-4  May 3, 1995, reported favorably, as amended, by the following vote:
    1-5  Yeas 6, Nays 3; May 3, 1995, sent to printer.)
    1-6  COMMITTEE AMENDMENT NO. 1                             By:  Moncrief
    1-7  Amend S.B. No. 1656 on page 1, line 15 (committee printing page 1,
    1-8  line 24) by striking "10" and inserting "five".
    1-9                         A BILL TO BE ENTITLED
   1-10                                AN ACT
   1-11  relating to AFDC benefits for persons convicted of certain
   1-12  offenses.
   1-13        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-14        SECTION 1.  Subchapter A, Chapter 31, Human Resources Code,
   1-15  is amended by adding Section 31.015 to read as follows:
   1-16        Sec. 31.015.  ELIGIBILITY FOR ASSISTANCE.  (a)  A person is
   1-17  not eligible to begin or continue receiving financial assistance or
   1-18  services under this chapter if:
   1-19              (1)  the person has two or more convictions for an
   1-20  offense under Subchapter D, Chapter 481, Health and Safety Code, or
   1-21  for a felony, other than a state jail felony; and
   1-22              (2)  the date of the person's most recent conviction
   1-23  for an offense described by Subdivision (1) occurs:
   1-24                    (A)  during the 10 years preceding the date the
   1-25  person applies to receive that assistance, in the case of a person
   1-26  who seeks to begin receiving assistance or services; or
   1-27                    (B)  while the person is receiving financial
   1-28  assistance or services, in the case of a person who seeks to
   1-29  continue receiving assistance or services.
   1-30        (b)  The department by rule shall provide for a hearing or
   1-31  other proceeding to ensure that a person to whom this section
   1-32  applies receives due process.
   1-33        SECTION 2.  Subchapter F, Chapter 411, Government Code, is
   1-34  amended by adding Section 411.128 to read as follows:
   1-35        Sec. 411.128.  ACCESS TO CRIMINAL HISTORY RECORD
   1-36  INFORMATION:  AFDC PROGRAM.  (a)  The Texas Department of Human
   1-37  Services is entitled to obtain from the department criminal history
   1-38  record information maintained by the department that relates to a
   1-39  person who is applying for or receiving financial assistance or
   1-40  services under Chapter 31, Human Resources Code, on behalf of a
   1-41  dependent child.
   1-42        (b)  The Texas Department of Human Services is entitled to
   1-43  obtain only criminal history record information that relates to the
   1-44  conviction of the person.
   1-45        SECTION 3.  If before implementing Section 31.015, Human
   1-46  Resources Code, as added by this Act, the Texas Department of Human
   1-47  Services determines that a waiver or authorization from a federal
   1-48  agency is necessary for implementation, the department shall
   1-49  request the waiver or authorization and may delay implementing that
   1-50  provision until the waiver or authorization is granted.
   1-51        SECTION 4.  This Act takes effect September 1, 1995, and
   1-52  applies only to a person who applies for financial assistance under
   1-53  Chapter 31, Human Resources Code, on or after that date.  A person
   1-54  who applied for financial assistance under Chapter 31, Human
   1-55  Resources Code, before the effective date of this Act is governed
   1-56  by the law as it existed immediately before the effective date, and
   1-57  that law is continued in effect for that purpose.
   1-58        SECTION 5.  The importance of this legislation and the
   1-59  crowded condition of the calendars in both houses create an
   1-60  emergency and an imperative public necessity that the
   1-61  constitutional rule requiring bills to be read on three several
   1-62  days in each house be suspended, and this rule is hereby suspended.
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