By Maxey                                              H.B. No. 2125
         75R12332 KKA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to creation of a pilot program to establish individual
 1-3     development accounts for certain recipients of financial
 1-4     assistance.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Subchapter D, Chapter 301, Labor Code, is amended
 1-7     by adding Section 301.067 to read as follows:
 1-8           Sec. 301.067.  PILOT PROGRAM:  INDIVIDUAL DEVELOPMENT
 1-9     ACCOUNTS FOR CERTAIN EMPLOYEES.  (a)  The commission by rule shall
1-10     establish and implement a pilot program under which an individual
1-11     development account is established for a recipient of financial
1-12     assistance under Chapter 31, Human Resources Code, who is employed
1-13     by a person in the private sector through a subsidized employment
1-14     program established under Section 31.0126(a)(5), Human Resources
1-15     Code.
1-16           (b)  The commission may establish and administer an account
1-17     for a recipient under this section or may contract with a nonprofit
1-18     organization or financial institution to establish and administer
1-19     the account in accordance with commission rules.
1-20           (c)  The commission shall encourage the following to match
1-21     deposits made by a recipient of financial assistance to an account
1-22     established under this section:
1-23                 (1)  private employers, including persons in the
1-24     private sector who employ one or more recipients through a
 2-1     subsidized employment program established under Section
 2-2     31.0126(a)(5), Human Resources Code;
 2-3                 (2)  community groups; and
 2-4                 (3)  financial institutions.
 2-5           (d)  Expenditures from a recipient's individual development
 2-6     account established under this section while the recipient is
 2-7     receiving financial assistance are limited to educational and
 2-8     medical expenses, work-related expenses, including expenses of a
 2-9     self-employment enterprise, and housing or moving expenses for the
2-10     recipient and a person who is a member of the AFDC-certified group.
2-11           (e)  Not later than December 1 of 1998 and 2000, the
2-12     commission shall submit a report to the governor and the members of
2-13     the legislature regarding the status of the pilot program.
2-14           (f)  This section expires September 1, 2001.
2-15           SECTION 2.  Subchapter B, Chapter 31, Human Resources Code,
2-16     is amended by adding Section 31.0321 to read as follows:
2-17           Sec. 31.0321.  EXCLUSION OF CERTAIN INCOME AND RESOURCES.
2-18     (a)  Except as provided by Subsection (b), the department may not
2-19     consider money contributed to a recipient's individual development
2-20     account under a pilot program by an employer, community group, or
2-21     financial institution as income or the balance of the account as a
2-22     resource in determining whether the recipient meets household
2-23     income and resource requirements for eligibility for financial
2-24     assistance.
2-25           (b)  After consulting with the Texas Workforce Commission,
2-26     the department by rule may place limits on the amount of money not
2-27     considered as income or as a resource under Subsection (a).
 3-1           (c)  This section expires September 1, 2001.
 3-2           SECTION 3.  If, before implementing any provision of this
 3-3     Act, a state agency determines that a waiver or authorization from
 3-4     a federal agency is necessary for implementation, the state agency
 3-5     shall request the waiver or authorization and may delay
 3-6     implementing that provision until the waiver or authorization is
 3-7     granted.
 3-8           SECTION 4.  The importance of this legislation and the
 3-9     crowded condition of the calendars in both houses create an
3-10     emergency and an imperative public necessity that the
3-11     constitutional rule requiring bills to be read on three several
3-12     days in each house be suspended, and this rule is hereby suspended,
3-13     and that this Act take effect and be in force from and after its
3-14     passage, and it is so enacted.