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.