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 * * * * *