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