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 71.004, 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. _______________________________ _______________________________ President of the Senate Speaker of the House I certify that H.B. No. 3428 was passed by the House on May 16, 1997, by a non-record vote; and that the House concurred in Senate amendments to H.B. No. 3428 on May 24, 1997, by a non-record vote. _______________________________ Chief Clerk of the House I certify that H.B. No. 3428 was passed by the Senate, with amendments, on May 22, 1997, by the following vote: Yeas 30, Nays 0. _______________________________ Secretary of the Senate APPROVED: _____________________ Date _____________________ Governor