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.

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