JKC S.B. 59 75(R)BILL ANALYSIS HUMAN SERVICES S.B. 59 By: Zaffirini (Hilderbran) 5-14-97 Committee Report (Amended) BACKGROUND Currently, the Texas Department of Human Services considers a client's functional educational abilities based on the client's work history and education level when imposing time-limited benefits. This bill requires the use of a more in-depth assessment tool to evaluate a person's functional assessment level for the purpose of determining whether that person is eligible for benefits for 12, 24, or 36 months. PURPOSE As proposed, S.B. 59 sets forth guidelines for assessing certain recipients of public assistance. RULEMAKING AUTHORITY This bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 31.0065(f), Human Resources Code, to require the Texas Department of Human Services (department), if the department is imposing time-limited benefits on an individual, to consider the in-depth assessment of the individual's need that was conducted by the department, provided that if the needs assessment indicates discrepancies between a client's selfreported educational level and the client's functional abilities, the time limits are required to be based upon the functional assessment level, rather than the functional educational level. SECTION 2. Requires a state agency to request a waiver or authorization and authorizes an agency to delay implementing the relevant provision, if before implementing any provision of Section 31.0065, Human Resources Code, the state agency determines that a waiver or authorization from a federal agency is necessary for implementation. SECTION 3. Effective date: September 1, 1997. Makes application of this Act prospective. SECTION 4. Emergency clause. EXPLANATION OF AMENDMENTS Amendment 1: (1)In SECTION 1, Subsection (f), Sec. 31.0065, Human Resources Code, the amendment provides that DPRS must consider the in-depth assessment conducted by the Texas Workforce Commission (TWC) rather than the assessment conducted by DPRS. (2)The amendment inserts a new SECTION 2, revising Sec. 31.0095, Needs Assessment, requiring that TWC, rather than DPRS, assist a recipient in assessing the particular needs of that recipient and his or her family upon notification of entry in the JOBS program. In addition, TWC, rather than DPRS, along with the recipient, must develop an employability plan to help the recipient achieve independence from public assistance. The substitute adds to Sec. 31.0095 the requirement that TWC and DPRS ensure that the person has registered for work and has developed an initial employability plan before certification of the person's case.