By Naishtat, Davila, et al.                           H.B. No. 3428

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to financial assistance and related services for victims

 1-3     of family violence.

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

 1-5           SECTION 1.  Subchapter B, Chapter 31, Human Resources Code,

 1-6     is amended by adding Section 31.0321 to read as follows:

 1-7           Sec. 31.0321.  VICTIMS OF FAMILY VIOLENCE.  (a)  The

 1-8     department, the Texas Workforce Commission, and the Title IV-D

 1-9     agency by rule shall adopt procedures under which requirements

1-10     relating to financial assistance and related services, including

1-11     time limits, child support enforcement, paternity establishment,

1-12     work activity, and residency, may be waived or modified for an

1-13     individual who is a victim of family violence if application of the

1-14     requirements would:

1-15                 (1)  adversely affect the individual's ability to

1-16     attain financial independence;

1-17                 (2)  make it more difficult for the individual to

1-18     escape family violence; or

1-19                 (3)  place the individual at greater risk for

1-20     additional family violence.

1-21           (b)  The procedures must provide that:

1-22                 (1)  a requirement may be waived or modified only after

1-23     a case-by-case determination and documentation of good cause and

1-24     only to the extent necessary considering an individual's

 2-1     circumstances;

 2-2                 (2)  a requirement may not be waived or modified for an

 2-3     individual for a period longer than one year;

 2-4                 (3)  the appropriate agency shall refer an individual

 2-5     to a family violence program if necessary for assistance in

 2-6     developing a safety plan to protect the individual from further

 2-7     family violence; and

 2-8                 (4)  confidentiality of information about the

 2-9     identification and location of victims of family violence and their

2-10     children is maintained when necessary to prevent additional family

2-11     violence.

2-12           (c)  The department, the Texas Workforce Commission, and the

2-13     Title IV-D agency may not deny an individual access to education,

2-14     training, employment, or other services because the individual is a

2-15     victim of family violence.

2-16           (d)  The department shall coordinate the development and

2-17     implementation of procedures under this section in collaboration

2-18     with the Texas Workforce Commission, the Title IV-D agency, and at

2-19     least one statewide advocacy group for victims of family violence.

2-20           (e)  In this section:

2-21                 (1)  "Family violence" has the meaning assigned by

2-22     Section 71.01, Family Code.

2-23                 (2)  "Title IV-D agency" has the meaning assigned by

2-24     Section 101.033, Family Code.

2-25           SECTION 2.  (a)  The Texas Department of Human Services,

2-26     using an independent research group, shall conduct a study using

2-27     existing department funds to:

 3-1                 (1)  develop a process or instrument to be used by the

 3-2     department, the Texas Workforce Commission, and the Title IV-D

 3-3     agency in identifying pertinent characteristics of individuals who

 3-4     are victims of family violence; and

 3-5                 (2)  identify services that provide the greatest

 3-6     assistance to victims of family violence in attaining financial

 3-7     independence.

 3-8           (b)  In this section, "Title IV-D agency" has the meaning

 3-9     assigned by Section 101.033, Family Code.

3-10           SECTION 3.  (a)  Not later than January 15, 1999, the Texas

3-11     Department of Human Services, the Texas Workforce Commission, and

3-12     the Title IV-D agency shall submit a joint report to the

3-13     legislature concerning waivers and modifications granted under

3-14     Section 31.0321, Human Resources Code, as added by this Act.  The

3-15     report must include:

3-16                 (1)  the number of waivers and modifications granted;

3-17                 (2)  the justifications for granting the waivers and

3-18     modifications;

3-19                 (3)  the financial impact on the state of granting the

3-20     waivers and modifications;

3-21                 (4)  analysis and recommendations on waivers and

3-22     modifications necessary to protect children and their caretakers

3-23     from family violence; and

3-24                 (5)  analysis and recommendations on time limits for

3-25     financial assistance benefits under Chapter 31, Human Resources

3-26     Code, for individuals who are victims of family violence.

3-27           (b)  In this section, "Title IV-D agency" has the meaning

 4-1     assigned by Section 101.033, Family Code.

 4-2           SECTION 4.  If, before implementing any provision of this

 4-3     Act, the Texas Department of Human Services or another state agency

 4-4     determines that a waiver or authorization from a federal agency is

 4-5     necessary for implementation, the department or other state agency

 4-6     shall request the waiver or authorization and may delay

 4-7     implementing that provision until the waiver or authorization is

 4-8     granted.

 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,

4-14     and that this Act take effect and be in force from and after its

4-15     passage, and it is so enacted.