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. 1-63 * * * * *