1-1 By: Naishtat, Davila, et al. H.B. No. 3428 1-2 (Senate Sponsor - Moncrief) 1-3 (In the Senate - Received from the House May 16, 1997; 1-4 May 16, 1997, read first time and referred to Committee on Health 1-5 and Human Services; May 18, 1997, reported favorably by the 1-6 following vote: Yeas 11, Nays 0; May 18, 1997, sent to printer.) 1-7 A BILL TO BE ENTITLED 1-8 AN ACT 1-9 relating to financial assistance and related services for victims 1-10 of family violence. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. Subchapter B, Chapter 31, Human Resources Code, 1-13 is amended by adding Section 31.0321 to read as follows: 1-14 Sec. 31.0321. VICTIMS OF FAMILY VIOLENCE. (a) The 1-15 department, the Texas Workforce Commission, and the Title IV-D 1-16 agency by rule shall adopt procedures under which requirements 1-17 relating to financial assistance and related services, including 1-18 time limits, child support enforcement, paternity establishment, 1-19 work activity, and residency, may be waived or modified for an 1-20 individual who is a victim of family violence if application of the 1-21 requirements would: 1-22 (1) adversely affect the individual's ability to 1-23 attain financial independence; 1-24 (2) make it more difficult for the individual to 1-25 escape family violence; or 1-26 (3) place the individual at greater risk for 1-27 additional family violence. 1-28 (b) The procedures must provide that: 1-29 (1) a requirement may be waived or modified only after 1-30 a case-by-case determination and documentation of good cause and 1-31 only to the extent necessary considering an individual's 1-32 circumstances; 1-33 (2) a requirement may not be waived or modified for an 1-34 individual for a period longer than one year; 1-35 (3) the appropriate agency shall refer an individual 1-36 to a family violence program if necessary for assistance in 1-37 developing a safety plan to protect the individual from further 1-38 family violence; and 1-39 (4) confidentiality of information about the 1-40 identification and location of victims of family violence and their 1-41 children is maintained when necessary to prevent additional family 1-42 violence. 1-43 (c) The department, the Texas Workforce Commission, and the 1-44 Title IV-D agency may not deny an individual access to education, 1-45 training, employment, or other services because the individual is a 1-46 victim of family violence. 1-47 (d) The department shall coordinate the development and 1-48 implementation of procedures under this section in collaboration 1-49 with the Texas Workforce Commission, the Title IV-D agency, and at 1-50 least one statewide advocacy group for victims of family violence. 1-51 (e) In this section: 1-52 (1) "Family violence" has the meaning assigned by 1-53 Section 71.01, Family Code. 1-54 (2) "Title IV-D agency" has the meaning assigned by 1-55 Section 101.033, Family Code. 1-56 SECTION 2. (a) The Texas Department of Human Services, 1-57 using an independent research group, shall conduct a study using 1-58 existing department funds to: 1-59 (1) develop a process or instrument to be used by the 1-60 department, the Texas Workforce Commission, and the Title IV-D 1-61 agency in identifying pertinent characteristics of individuals who 1-62 are victims of family violence; and 1-63 (2) identify services that provide the greatest 1-64 assistance to victims of family violence in attaining financial 2-1 independence. 2-2 (b) In this section, "Title IV-D agency" has the meaning 2-3 assigned by Section 101.033, Family Code. 2-4 SECTION 3. (a) Not later than January 15, 1999, the Texas 2-5 Department of Human Services, the Texas Workforce Commission, and 2-6 the Title IV-D agency shall submit a joint report to the 2-7 legislature concerning waivers and modifications granted under 2-8 Section 31.0321, Human Resources Code, as added by this Act. The 2-9 report must include: 2-10 (1) the number of waivers and modifications granted; 2-11 (2) the justifications for granting the waivers and 2-12 modifications; 2-13 (3) the financial impact on the state of granting the 2-14 waivers and modifications; 2-15 (4) analysis and recommendations on waivers and 2-16 modifications necessary to protect children and their caretakers 2-17 from family violence; and 2-18 (5) analysis and recommendations on time limits for 2-19 financial assistance benefits under Chapter 31, Human Resources 2-20 Code, for individuals who are victims of family violence. 2-21 (b) In this section, "Title IV-D agency" has the meaning 2-22 assigned by Section 101.033, Family Code. 2-23 SECTION 4. If, before implementing any provision of this 2-24 Act, the Texas Department of Human Services or another state agency 2-25 determines that a waiver or authorization from a federal agency is 2-26 necessary for implementation, the department or other state agency 2-27 shall request the waiver or authorization and may delay 2-28 implementing that provision until the waiver or authorization is 2-29 granted. 2-30 SECTION 5. The importance of this legislation and the 2-31 crowded condition of the calendars in both houses create an 2-32 emergency and an imperative public necessity that the 2-33 constitutional rule requiring bills to be read on three several 2-34 days in each house be suspended, and this rule is hereby suspended, 2-35 and that this Act take effect and be in force from and after its 2-36 passage, and it is so enacted. 2-37 * * * * *