By Hilderbran                                         H.B. No. 1784

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the amount of assistance granted under the financial

 1-3     assistance program for persons with dependent children.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 31.003, Human Resources Code, is amended

 1-6     to read as follows:

 1-7           Sec. 31.003.  AMOUNT OF FINANCIAL ASSISTANCE.  (a)  The

 1-8     department shall adopt rules governing the determination of the

 1-9     amount of financial assistance to be granted for the support of a

1-10     dependent child.  The amount granted, when combined with the income

1-11     and other resources available for the child's support, must be

1-12     sufficient to provide the child with a subsistence compatible with

1-13     decency and health.

1-14           (b)  The department by rule shall increase the amount of

1-15     financial assistance granted to a recipient who is participating in

1-16     a work or employment activity under Section 31.012 and is counted

1-17     toward the state's minimum work participation rate requirement

1-18     prescribed by 42 U.S.C. Section 607 in an amount sufficient to

1-19     cover the recipient's incidental costs of participating in the

1-20     activity.  The additional amount may not exceed 10 percent of the

1-21     base family grant.

1-22           (c)  The department shall periodically estimate the number of

1-23     recipients who will be participating in a work or employment

1-24     activity under Section 31.012 and will be counted toward the

 2-1     state's minimum work participation rate requirement prescribed by

 2-2     42 U.S.C. Section 607 and the number of recipients who will not be

 2-3     participating in those activities or will not be counted toward the

 2-4     state's minimum work participation rate requirement.  The

 2-5     department shall develop a method to set the amounts of benefits

 2-6     under Subsection (b) in amounts that to the extent possible will

 2-7     not affect the total amount of financial assistance and services

 2-8     paid under this chapter.

 2-9           (d)  In considering the amount of income or other resources

2-10     available to a child or a relative claiming financial assistance on

2-11     the child's behalf, the department shall also consider reasonable

2-12     expenses attributable to earning the income.  The department may

2-13     permit all or part of the earned or other income to be set aside

2-14     for the future identifiable needs of the child, subject to

2-15     limitations prescribed by the department.

2-16           (e) [(c)]  The department's agents employed in the region or

2-17     county in which the dependent child resides shall determine the

2-18     amount to be paid in accordance with the rules promulgated by the

2-19     department.

2-20           (f)  In this section, "incidental costs" do not include

2-21     support services as defined by Section 31.010.

2-22           SECTION 2.  Section 31.0065(b), Human Resources Code, is

2-23     amended to read as follows:

2-24           (b)  The department shall limit financial assistance and

2-25     transitional benefits in accordance with the following schedule:

2-26                 (1)  except as provided by Subdivision (4), financial

2-27     assistance is limited to a cumulative total of 12 months and

 3-1     transitional benefits are limited to 12 months if the person

 3-2     receiving financial assistance on behalf of a dependent child has:

 3-3                       (A)  a high school diploma, a high school

 3-4     equivalency certificate, or a certificate or degree from a two-year

 3-5     or four-year institution of higher education or technical or

 3-6     vocational school; or

 3-7                       (B)  recent work experience of 18 months or more;

 3-8                 (2)  except as provided by Subdivision (4), financial

 3-9     assistance is limited to a cumulative total of 24 months and

3-10     transitional benefits are limited to 12 months if the person

3-11     receiving financial assistance on behalf of a dependent child has:

3-12                       (A)  completed three years of high school; or

3-13                       (B)  recent work experience of not less than six

3-14     or more than 18 months; [and]

3-15                 (3)  except as provided by Subdivision (4), financial

3-16     assistance is limited to a cumulative total of 36 months and

3-17     transitional benefits of 12 months if the person receiving

3-18     financial assistance on behalf of a dependent child has:

3-19                       (A)  completed less than three years of high

3-20     school; and

3-21                       (B)  less than six months of work experience; and

3-22                 (4)  financial assistance provided to a two-parent

3-23     family is limited to a cumulative total of 12 months and

3-24     transitional benefits are limited to 12 months.

3-25           SECTION 3.  If before implementing any provision of this Act,

3-26     the Texas Department of Human Services determines that a waiver or

3-27     federal authorization is necessary for implementation, the

 4-1     department shall request the waiver or authorization and may delay

 4-2     implementing that provision until the waiver or authorization is

 4-3     granted.

 4-4           SECTION 4.  This Act takes effect September 1, 1997, and

 4-5     applies to all financial assistance under Chapter 31, Human

 4-6     Resources Code, that is paid on or after January 1, 1998,

 4-7     regardless of the date on which eligibility for that assistance was

 4-8     determined.

 4-9           SECTION 5.  The importance of this legislation and the

4-10     crowded condition of the calendars in both houses create an

4-11     emergency and an imperative public necessity that the

4-12     constitutional rule requiring bills to be read on three several

4-13     days in each house be suspended, and this rule is hereby suspended.