75R11659 KKA-F By Naishtat, et al. H.B. No. 3428 Substitute the following for H.B. No. 3428: By Naishtat C.S.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) make it more difficult for the individual to 1-16 escape family violence; 1-17 (2) unfairly penalize the individual for failing to 1-18 comply with the requirements when the failure is caused by family 1-19 violence; or 1-20 (3) place the individual at greater risk for 1-21 additional family violence. 1-22 (b) The procedures must provide that: 1-23 (1) a requirement may be waived or modified only after 1-24 a case-by-case determination and documentation of good cause and 2-1 only to the extent necessary considering the individual's 2-2 circumstances; 2-3 (2) a requirement may not be waived or modified for an 2-4 individual for a period longer than one year; 2-5 (3) the appropriate agency is required to work with 2-6 the individual to develop a plan to prevent the recurrence of 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) Not later than January 15, 1999, the Texas 2-26 Department of Human Services, the Texas Workforce Commission, and 2-27 the Title IV-D agency shall submit a joint report to the 3-1 legislature concerning waivers and modifications granted under 3-2 Section 31.0321, Human Resources Code, as added by this Act. The 3-3 report must include: 3-4 (1) the number of waivers and modifications granted; 3-5 (2) the justifications for granting the waivers and 3-6 modifications; 3-7 (3) the financial impact on the state of granting the 3-8 waivers and modifications; 3-9 (4) analysis and recommendations on waivers and 3-10 modifications necessary to protect children and their caretakers 3-11 from family violence; and 3-12 (5) analysis and recommendations on time limits for 3-13 financial assistance benefits under Chapter 31, Human Resources 3-14 Code, for individuals who are victims of family violence. 3-15 (b) In this section, "Title IV-D agency" has the meaning 3-16 assigned by Section 101.033, Family Code. 3-17 SECTION 3. If, before implementing any provision of this 3-18 Act, the Texas Department of Human Services or another state agency 3-19 determines that a waiver or authorization from a federal agency is 3-20 necessary for implementation, the department or other state agency 3-21 shall request the waiver or authorization and may delay 3-22 implementing that provision until the waiver or authorization is 3-23 granted. 3-24 SECTION 4. The importance of this legislation and the 3-25 crowded condition of the calendars in both houses create an 3-26 emergency and an imperative public necessity that the 3-27 constitutional rule requiring bills to be read on three several 4-1 days in each house be suspended, and this rule is hereby suspended, 4-2 and that this Act take effect and be in force from and after its 4-3 passage, and it is so enacted.