SRC-JFA S.B. 1148 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1148
By: Moncrief
Health & Human Services
3-24-97
As Filed


DIGEST 

Currently, in implementing welfare reform, other states have found that
many victims of domestic violence encounter unique problems when such
victims begin job training or educational programs. The individual who
abuses the victim may perceive that the work or educational activities
will eventually help the recipient gain the independence necessary to
leave the abusive situation.  The individual who abuses the victim may
become even more violent or may purposefully hinder the recipient in
meeting the program requirements.  This bill would require the Texas
Department of Human Services to adopt procedures to identify individuals
applying for or receiving financial assistance who are victims of domestic
violence, and, on a case-by-case basis, waive eligibility requirements if
the requirements would make it more difficult for the individual to escape
domestic violence or unfairly penalize the individual.    

PURPOSE

As proposed, S.B. 1148 requires the Texas Department of Human Services to
adopt procedures to identify individuals applying for or receiving
financial assistance who are victims of domestic violence, and, on a
case-by-case basis, waive eligibility requirements under certain
conditions.  

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Department of Human Services
in SECTION 1 (Section 31.0321(a), Human Resources Code) of this Act.  

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 31B, Human Resources Code, by adding Section
31.0321, as follows: 

Sec. 31.0321.  VICTIMS OF DOMESTIC VIOLENCE.  Requires the Texas
Department of Human Services (DHS), by rule, to adopt procedures to
identify individuals applying for or receiving financial assistance who
are victims of domestic violence, while maintaining confidentiality; and
on a case-by-case basis after a determination of good cause, waive
eligibility requirements for an individual identified under Subdivision
(1) if application of the requirements would make it more difficult for
the individual to escape domestic violence; or unfairly penalize the
individual.  Prohibits DHS from denying an individual access to education,
training, employment, or other services because the individual is a victim
of domestic violence.  Requires DHS to seek comments from the Texas
Workforce Commission, the office of the attorney general, and at least one
statewide advocacy group for victims of domestic violence in developing
procedures under this section.  Defines "domestic violence."   

SECTION 2. Requires DHS or other state agency, if, before implementing any
provision of this Act, DHS or other state agency determines that a waiver
or authorization from a federal agency is necessary for implementation, to
request the waiver or authorization and may delay implementing that
provision until the waiver or authorization is granted.  

SECTION 3. Emergency clause.
  Effective date: upon passage.