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.