Amend CSSB 369 as follows:
(1) Insert the following sections, appropriately
numbered, and renumber the
subsequent sections of the bill accordingly:
SECTION ____. Section 31.0031(c), Human Resources Code,
is amended to
read as follows:
(c) Subject to the requirements of Section 31.00321, the
The department
shall adopt rules governing sanctions and penalties under
this section to or
for:
(1) a person who fails to comply with each applicable
requirement of the
responsibility agreement prescribed by this section; and
(2) the family of a person who fails to comply with the
requirement of the
responsibility agreement under Subsection (d)(1) or (4).
SECTION ____. Sections 31.0032(a) and (c), Human
Resources Code, are
amended to read as follows:
(a) If after an investigation the department determines
that a person is not
complying with a requirement of the responsibility
agreement required under
Section 31.0031, the department shall apply appropriate
sanctions or
penalties regarding the assistance provided to or for
that person or that person
and the person's family under this chapter.
(c) This section does not prohibit the department from
providing medical
assistance, child care, or any other social or support
services for a person
who or a family that is an individual subject to
sanctions or penalties under
this chapter.
SECTION ____. Subchapter A, Chapter 31, Human Resources
Code, is
amended by adding Section 31.00321 to read as follows:
Sec. 31.00321. PENALTIES AND SANCTIONS FOR NONCOMPLIANCE
WITH CERTAIN REQUIREMENTS. (a) This section applies only
to the
application of sanctions or penalties to a person who,
without good cause as
determined under Section 31.0033, fails or refuses to
comply with a
requirement of the responsibility agreement under Section
31.0031(d)(1) or
(4).
(b) On a person's first failure or refusal to comply with
a requirement of the
responsibility agreement under Section 31.0031(d)(1), the
department shall
reduce the amount of financial assistance provided to or
for each adult person
in the family who is not in compliance for a period of
one month or until each
adult member of the family complies, whichever is later.
If each adult member
of the family has not complied with the requirement under
Section
31.0031(d)(1) after six months, the department may, on
the recommendation
of the Title IV-D agency and subject to the requirements
of Section 31.00331,
terminate the total amount of financial assistance
provided to or for the person
and the person's family.
(c) On a person's second or subsequent failure or refusal
to comply with the
requirement of the responsibility agreement under Section
31.0031(d)(1), the
department shall reduce the amount of financial
assistance provided to or for
each adult person in the family who is not in compliance
for a period of two
months or until each adult member of the family complies,
whichever is later.
If each adult member of the family has not complied with
the requirement
under Section 31.0031(d)(1) after three months, the
department may, on the
recommendation of the Title IV-D agency and subject to
the
requirements of Section 31.00331, terminate the total
amount of financial
assistance provided to or for the person and the person's
family.
(d) On a person's first failure or refusal to comply with
a requirement of the
responsibility agreement under Section 31.0031(d)(4), the
department shall
reduce the amount of financial assistance provided to or
for each adult person
in the family who is not in compliance for a period of
one month or until each
adult member of the family complies, whichever is later.
If each adult member
of the family has not complied with the requirement under
Section
31.0031(d)(4) after three months, the department shall,
subject to the
requirements of Section 31.00331, terminate the total
amount of financial
assistance provided to or for the person and the person's
family.
(e) On a person's second failure or refusal to comply
with the requirement of
the responsibility agreement under Section 31.0031(d)(4),
the department
shall reduce the amount of financial assistance provided
to or for each adult
person in the family who is not in compliance for a
period of two months or
until each adult member of the family complies, whichever
is later. If each
adult member of the family has not complied with the
requirement under
Section 31.0031(d)(4) after three months, the department
shall, subject to the
requirements of Section 31.00331, terminate the total
amount of financial
assistance provided to or for the person and the person's
family.
(f) On a person's third or subsequent failure or refusal
to comply with the
requirement of the responsibility agreement under Section
31.0031(d)(4), the
department shall, subject to the requirements of Section
31.00331, terminate
the total amount of financial assistance provided to or
for the person and the
person's family.
SECTION ____. (a) The Texas Department of Human Services
is required to
implement Sections 31.00321(b) and (c), Human Resources
Code, as added
by this Act, only if the department and the Title IV-D
agency have filed the
report required by Subsection (b) of this section.
(b) The department and the Title IV-D agency shall
prepare and file a report
with the governor, lieutenant governor, speaker of the
house of representative,
and standing committees of the legislature with
jurisdiction over the
department or the Title IV-D agency regarding the efforts
of the department
and the agency to establish paternity and collect child
support on behalf of
children whose families receive financial assistance
under Chapter 31, Human
Resources Code.
(c) The report required by Subsection (b) must:
(1) review existing relevant procedures and policies,
including procedures and
policies relating to case management, interactions with
clients, interagency
operations, and sanctions;
(2) review the efforts of other states to improve
paternity establishment and
child support enforcement through the use of incentive
programs,
improvements in case management, interactions with
clients, interagency
operations, and use of sanctions;
(3) clarify the department's and the agency's respective
responsibilities
regarding:
(A) the establishment and enforcement of child support;
and
(B) interactions with clients;
(4) provide recommendations for improvements and a plan
for achieving the
improvements; and
(5) provide an implementation plan for the sanction
process outlined in
Sections 31.00321(b) and (c), Human Resources Code, as
added by this Act,
including guidelines for caseworkers regarding promoting
compliance with
child support requirements and appropriately using the
sanctions process.
(d) The department and the Title IV-D agency shall file
with the 77th
Legislature an updated report based on the report
required by Subsection (b)
of this section. In addition to the information required
by Subsections (c)(1)
through (4), the updated report must include information
regarding the
implementation of Sections 31.00321(b) and (c), Human
Resources Code, as
added by this Act, including:
(1) the number of clients sanctioned;
(2) the duration of sanctions imposed;
(3) the number of clients for whom the total amount of
financial assistance
provided to or for the client and the client's family was
terminated; and
(4) the efforts of the department and the Title IV-D
agency to work with clients
to remove sanctions and promote compliance with the
requirements with
which the client had previously failed to comply.
SECTION ____. Section 31.0033(c), Human Resources Code,
is amended to
read as follows:
(c) If the department finds that good cause for
noncompliance was not shown
at a hearing, the department shall apply appropriate
sanctions or penalties to
or for that person or that person and the person's family
until the department
determines that the person is in compliance with the
terms of the
responsibility agreement.
SECTION ____. Subchapter A, Chapter 31, Human Resources
Code, is
amended by adding Section 31.00331 to read as follows:
Sec. 31.00331. CASE REVIEW AND COMPLIANCE PLAN ON
NONCOMPLIANCE WITH CERTAIN REQUIREMENTS. (a) Before
termination
of all financial assistance for a person or the person's
family under Section
31.00321, the department, the Texas Workforce Commission
or a local
workforce development board, as appropriate, and, if
applicable, the Title IV-D
agency shall conduct a case review to determine the
reasons for:
(1) the noncompliance of the person with a requirement of
the responsibility
agreement under Section 31.0031(d)(1) or (4); and
(2) the application of penalties or sanctions against the
person or the person
and the person's family because of the noncompliance.
(b) The case review under Subsection (a) must:
(1) include an administrative review of the person's case
file to determine
whether:
(A) the sanction or penalty is being applied correctly;
and
(B) information about compliance or relevant exemptions
has been accurately
shared between the department and the appropriate
agencies specified under
Subsection (a);
(2) document efforts made by the department to contact
the person directly;
(3) identify factors that contributed to the person's
inability to comply with the
requirement of the responsibility agreement under Section
31.0031(d)(1) or (4)
for which the person is being sanctioned or penalized;
and
(4) determine the support services that will enable the
person to comply with
that requirement.
(c) Based on the case review conducted under this
section, the department
may develop a compliance plan for the person. The
compliance plan may
require the person to take specific actions or engage in
specific activities as
evidence of compliance with a requirement of the
responsibility agreement
under Section 31.0031(d)(1) or (4) with which the person
has previously not
complied. The compliance plan may also provide referrals
to appropriate
preventive and support services to address and remove
barriers to compliance
encountered by the person.
(d) Notwithstanding Section 31.00321, the department may
not apply a
sanction or penalty against a person for noncompliance
with a requirement
under Section 31.0031(d)(1) or (4) if:
(1) a compliance plan was developed for the person under
Subsection (c) and
the person has complied with the terms of that plan;
(2) the case review conducted under Subsection (a)
identified a legitimate
good cause for noncompliance; or
(3) the administrative review of the person's case file
required under
Subsection (b)(1) resulted in a determination that the
imposition of the
sanction or penalty was erroneous because of inaccurate
information.
(e) A person who is sanctioned under Section 31.00321 for
noncompliance
with the requirement of the responsibility agreement
under Section
31.0031(d)(4) and who finds employment is:
(1) considered to have complied with the requirements of
Section
31.0031(d)(4); and
(2) eligible for child care assistance under this chapter
and transitional
medical assistance under Chapter 32 to the extent allowed
by federal law and
established by department and Texas Workforce Commission
rule.
(f) The department and the Texas Workforce Commission or
a local workforce
development board, as appropriate, may contract with
community-based
organizations, academic institutions, or other
appropriate entities to provide
services that are determined to be necessary in the case
review conducted
under this section.
SECTION ____. Subchapter A, Chapter 31, Human Resources
Code, is
amended by adding Section 31.0039 to read as follows:
Sec. 31.0039. INELIGIBILITY RESULTING FROM DRUG-RELATED
FELONY
CONVICTIONS. (a) A person is permanently ineligible for
financial assistance
if the person is convicted, for conduct occurring after
September 1, 1999, of
an offense under federal law or the law of this state or
any other state that at
the time of the conviction is classified as a felony by
the jurisdiction involved
and has as an element the manufacture or delivery of a
controlled substance,
as defined in 21 U.S.C. Section 802 and its subsequent
amendments.
(b) Except as provided by Subsection (d), a person who is
convicted, for
conduct occurring after September 1, 1999, of an offense
under federal law or
the law of this state or any other state that at the time
of the conviction is
classified as a felony by the jurisdiction involved and
has as an element the
possession or use of a controlled substance, as defined
in 21 U.S.C. Section
802 and its subsequent amendments, is ineligible for
financial assistance until
the third anniversary of the date of the conviction. If
the person is
subsequently convicted of another offense described by
this subsection, the
person is permanently ineligible for financial
assistance.
(c) The department shall require an applicant for
financial assistance to
indicate in writing whether the applicant or any member
of the applicant's
household has been convicted one or more times of an
offense described by
Subsection (a) or (b), and, if applicable, provide the
department with the date
of each conviction.
(d) A person convicted of an offense described by
Subsection (b), other than a
person who is subsequently convicted of a second offense
described by that
subsection, is not ineligible for financial assistance
during the three-year
period prescribed by that subsection if the person:
(1) has completed any sentence of confinement or
imprisonment imposed by
the court in connection with the conviction;
(2) is in compliance with the terms and conditions of any
parole or community
supervision; and
(3) has completed or is participating in a drug
rehabilitation, counseling, or
support program.
(e) The department shall adopt rules as necessary to
implement this section.
(f) This section does not affect:
(1) the eligibility for financial assistance of any other
member of the household
of a person ineligible as a result of a conviction of an
offense described by
Subsection (a) or (b); or
(2) the eligibility of a person convicted of an offense
described by Subsection
(a) or (b) for a federal benefit specified in 21 U.S.C.
Section 862a(f) and its
subsequent amendments.
SECTION ____. Chapter 33, Human Resources Code, is
amended by adding
Section 33.014 to read as follows:
Sec. 33.014. INELIGIBILITY RESULTING FROM DRUG-RELATED
FELONY
CONVICTIONS. (a) A person is permanently ineligible for
food stamps if the
person is convicted, for conduct occurring after
September 1, 1999, of an
offense under federal law or the law of this state or any
other state that at the
time of the conviction is classified as a felony by the
jurisdiction involved and
has as an element the manufacture or delivery of a
controlled substance, as
defined in 21 U.S.C. Section 802 and its subsequent
amendments.
(b) Except as provided by Subsection (d), a person who is
convicted, for
conduct occurring after September 1, 1999, of an offense
under federal law or
the law of this state or any other state that at the time
of the conviction is
classified as a felony by the jurisdiction involved and
has as an element the
possession or use of a controlled substance, as defined
in 21 U.S.C. Section
802 and its subsequent amendments, is ineligible for food
stamps until the
third anniversary of the date of the conviction. If the
person is
subsequently convicted of another offense described by
this subsection, the
person is permanently ineligible for food stamps.
(c) The department shall require an applicant for food
stamps to indicate in
writing whether the applicant or any member of the
applicant's household has
been convicted one or more times of an offense described
by Subsection (a)
or (b), and, if applicable, provide the department with
the date of each
conviction.
(d) A person convicted of an offense described by
Subsection (b), other than a
person who is subsequently convicted of a second offense
described by that
subsection, is not ineligible for food stamps during the
three-year period
prescribed by that subsection if the person:
(1) has completed any sentence of confinement or
imprisonment imposed by
the court in connection with the conviction;
(2) is in compliance with the terms and conditions of any
parole or community
supervision; and
(3) has completed or is participating in a drug
rehabilitation, counseling, or
support program.
(e) The department shall adopt rules as necessary to
implement this section.
(f) This section does not affect:
(1) the eligibility for food stamps of any other member
of the household of a
person ineligible as a result of a conviction of an
offense described by
Subsection (a) or (b); or
(2) the eligibility of a person convicted of an offense
described by Subsection
(a) or (b) for a federal benefit specified in 21 U.S.C.
Section 862a(f) and its
subsequent amendments.
SECTION ____. Chapter 22, Human Resources Code, is
amended by adding
Section 22.0271 to read as follows:
Sec. 22.0271. SUBPOENA AUTHORITY: FRAUD INVESTIGATIONS.
(a) The
department may issue a subpoena throughout this state to
compel the
attendance and testimony of a witness or the production
of documents or
other evidence relating to an investigation by the
department of a potentially
fraudulent claim for benefits or other payment under the
food stamp program
or the financial assistance program. The subpoena may
compel attendance or
production at the department's offices in Austin or at
another place designated
in the subpoena.
(b) The department by rule may authorize the commissioner
or another
department employee or representative to issue a subpoena
authorized by
this section on behalf of the department.
(c) On a person's failure to comply with a subpoena
issued under this section,
the department shall apply for an order directing
compliance to the district
court of the county in which the person is found,
resides, or transacts
business.
(d) A subpoena issued under this section to a financial
institution is not
subject to Section 30.007, Civil Practice and Remedies
Code.
SECTION ____. Subchapter A, Chapter 31, Human Resources
Code, is
amended by adding Section 31.017 to read as follows:
Sec. 31.017. FRAUD. (a) For purposes of establishing or
maintaining the
eligibility of the person and the person's family for
financial assistance or for
purposes of increasing or preventing a reduction in the
amount of the
assistance, a person may not intentionally:
(1) make a statement that the person knows is false or
misleading;
(2) misrepresent, conceal, or withhold a fact; or
(3) represent a statement to be true if the person knows
the statement is
false.
(b) If after an investigation the department determines
that a person has
violated this section, the department shall:
(1) notify the person of the alleged violation not later
than the 30th day after
the date the investigation is completed and conduct a
hearing; or
(2) refer the matter to the appropriate district attorney
for prosecution.
(c) If a hearing officer at an administrative hearing
held under this section
determines that a person has violated this section, the
department shall:
(1) after the first violation, terminate the total amount
of financial assistance
provided to or for that person until the first
anniversary of the date the
assistance was terminated; and
(2) after the second or a subsequent violation,
permanently disqualify the
person from receiving financial assistance.
(d) A person whom a hearing officer determines to be in
violation of this
section may appeal the determination by filing a petition
in the district court in
the county in which the violation occurred not later than
the 30th day after the
date of the decision.
(e) If a person is convicted of an offense under the
Penal Code for conduct
described by this section, a person is permanently
disqualified from receiving
financial assistance.
SECTION ____. (a) Subchapter A, Chapter 31, Human
Resources Code, is
amended by adding Section 31.0038 to read as follows:
Sec. 31.0038. EARNED INCOME DISREGARDS FOR EMPLOYMENT.
(a)
The purpose of the earned income disregards benefit is to
assist a recipient of
financial assistance in making a successful transition
from the receipt of
financial assistance to employment and self-sufficiency.
(b) In this section, "former recipient of the earned
income disregards benefit"
means a recipient of financial assistance whose earned
income has
previously been disregarded by the department under this
section.
(c) If an adult recipient of financial assistance becomes
employed while
receiving the assistance, the department may not consider
any earned
income received by the recipient up to the first six
months of employment for
purposes of determining:
(1) the amount of financial assistance granted to an
individual for the support
of dependent children; or
(2) whether the family meets household income and
resource requirements for
financial assistance.
(d) The department may not disregard under Subsection (c)
the earned
income of a recipient who left a position of employment
voluntarily without
good cause in the three-month period immediately
preceding the date on
which the recipient applied for financial assistance.
(e) The department may not disregard under Subsection (c)
the earned
income of a former recipient of the earned income
disregards benefit until the
first anniversary of the day after the last date on which
the former recipient's
earned income was disregarded under that subsection.
(f) During the period the earned income of a recipient is
disregarded by the
department under Subsection (c), the department may not
exempt the
recipient from participating in a work or employment
activity under Section
31.012.
(g) In adopting rules under this section, the department
shall:
(1) ensure that this section applies only to recipients
who have income in an
amount that does not exceed the maximum gross income
limit set by the
department under Section 31.003; and
(2) promote the purpose described by Subsection (a).
(b) The Texas Department of Human Services shall:
(1) monitor the implementation of Section 31.0038, Human
Resources Code,
as added by this section; and
(2) report to the 77th Legislature on any suggested
modifications to Section
31.0038(e), Human Resources Code, as added by this
section.
(c) Section 31.043(a), Human Resources Code, as added by
Chapter 878,
Acts of the 75th Legislature, Regular Session, 1997, is
repealed.
SECTION ____. Section 31.043(a), Human Resources Code, as
added by
Chapter 878, Acts of the 75th Legislature, Regular
Session, 1997, is
repealed.
SECTION ____. Subchapter A, Chapter 31, Human Resources
Code, is
amended by adding Section 31.0096 to read as follows:
Sec. 31.0096. POST-EMPLOYMENT ASSESSMENT AND SERVICES.
(a)
The Texas Workforce Commission or the local workforce
development board,
as appropriate, in coordination with the department,
shall jointly develop a
program under which a recipient of financial assistance
who obtains
employment is:
(1) assessed after beginning employment to determine the
recipient's need for
continuing education, training, and other services to
promote employment
retention and advancement to more highly skilled and
compensated
employment; and
(2) provided appropriate services to the extent the
services are available.
(b) The department shall ensure that a recipient of
financial assistance who
obtains employment receives clear notification of any
medical assistance
under Chapter 32 and any food stamp benefits under
Chapter 33 for which the
recipient or the recipient's family remains eligible.
SECTION ____. (a) Section 31.012, Human Resources Code,
is amended by
amending Subsection (c) and adding Subsection (f) to read
as follows:
(c) A person who is the caretaker of a physically or
mentally disabled child
who requires the caretaker's presence is not required to
participate in a
program under this section. Effective January 1, 2000, a
single person who is
the caretaker of a child September 1, 1995, a person
is not required to
participate in a program under this section until the
caretaker's person's
youngest child at the time the caretaker person first
became eligible for
assistance reaches the age of three five . Effective
September 1, 2000 1997
, a single person who is the caretaker of a child is
exempt until the
caretaker's person's youngest child at the time the
caretaker person first
became
eligible for assistance reaches the age of two four .
Effective September 1,
2001, a single person who is the caretaker of a child is
exempt until the
caretaker's youngest child at the time the caretaker
first became eligible for
assistance reaches the age of one. Notwithstanding
Sections 31.0035(b) and
32.0255(b), the department shall provide to a person who
is exempt under this
subsection and who voluntarily participates in a program
under Subsection
(a)(2) six months of transitional benefits in addition to
the applicable limit
prescribed by Section 31.0065.
(f) In this section, "caretaker of a child" means the
parent or relative of a
dependent child with whom the child primarily resides,
including a parent or
relative who has been appointed under a court order as
sole managing
conservator or joint managing conservator of the child.
(b) Before implementing any provision of Subsection (c),
Section 31.012,
Human Resources Code, as amended by this section, the
Texas Department
of Human Services shall work in conjunction with the
Texas Workforce
Commission or a local workforce development board, as
appropriate, to
develop and implement a client education effort targeted
at clients affected by
the changes to that section. The department shall inform
each client whose
exemption status is affected of the pending change, the
timeline for the
change, and the effect of the change on the client's work
requirements and
time limits.
(c) If, before implementing any provision of Subsection
(c), Section 31.012,
Human Resources Code, as amended by this section, a state
agency
determines that a waiver or authorization from a federal
agency is necessary
for implementation, the agency shall request the waiver
or authorization and
may delay implementing that provision until the waiver or
authorization is
granted.
(d) If a waiver or authorization requested under
Subsection (c) of this section
is denied, the Texas Department of Human Services shall
develop and
implement a plan relating to authorizing exemptions from
participation in work
or employment activity requirements for certain
recipients of Temporary
Assistance for Needy Families benefits in a manner that
complies with federal
law and regulations.
(e) Notwithstanding Section 31.012(c), Human Resources
Code, as amended
by this section:
(1) a person receiving financial assistance under Chapter
31, Human
Resources Code, on December 31, 1999, remains subject to
the exemptions
from participation in work or employment activity
requirements under Section
31.012(c), Human Resources Code, as it existed
immediately before the
effective date of this section, until the person's first
recertification date for the
receipt of that assistance that occurs on or after
January 1, 2000;
(2) a person receiving financial assistance under Chapter
31, Human
Resources Code, on August 31, 2000, remains subject to
the exemptions
from participation in work or employment activity
requirements under Section
31.012(c), Human Resources Code, as it exists on January
1, 2000, until the
person's first recertification date for the receipt of
that assistance that occurs
on or after September 1, 2000; and
(3) a person receiving financial assistance under Chapter
31, Human
Resources Code, on August 31, 2001, remains subject to
the exemptions
from participation in work or employment activity
requirements under Section
31.012(c), Human Resources Code, as it exists on
September 1, 2000, until
the person's first recertification date for the receipt
of that assistance that
occurs on or after September 1, 2001.
(f) This section applies only to a person who receives
financial assistance
under Chapter 31, Human Resources Code, on or after the
effective date of
this section, regardless of the date on which eligibility
for that assistance was
determined.
SECTION ____. Subchapter A, Chapter 31, Human Resources
Code, is
amended by adding Section 31.013 to read as follows:
Sec. 31.013. PERFORMANCE-BASED BONUS PROGRAM FOR LOCAL
WORKFORCE DEVELOPMENT BOARDS. (a) The Texas Workforce
Commission shall develop and implement a
performance-based bonus
program to reward efforts by local workforce development
boards in preparing,
placing, and maintaining recipients of financial
assistance in jobs that pay
self-sustaining wages and that allow the recipients to
become independent of
financial assistance and, if applicable, food stamps.
(b) In developing criteria for the bonus program, the
commission may
consider:
(1) differences in economic conditions, including area
wages;
(2) regional median wages;
(3) average county wages; and
(4) federal poverty guidelines.
(c) A local workforce development board shall use funds
provided under this
section for expenses relating to education, training, and
support services
necessary to prepare, place, and maintain recipients of
financial assistance in
jobs that pay self-sustaining wages.
(d) The commission may also provide for payment of
additional amounts to a
local workforce development board under the bonus program
based on the
wage level attained by recipients of financial assistance
served by the board
and the length of time that those recipients maintain
employment.
(e) The commission by rule shall develop performance
measures for the bonus
program under this section.
SECTION ____. (a) Section 33.025, Human Resources Code,
is amended to
read as follows:
Sec. 33.025. NUTRITION EDUCATION AND OUTREACH FOR THOSE
ELIGIBLE FOR FOOD STAMPS. (a) The department shall
develop and
implement a plan of operation to provide nutrition
education and outreach to
persons eligible for food stamps.
(b) The plan of operation for education and outreach
shall:
(1) ensure that low-income consumers are provided with
informational
materials that include but are not limited to
information on:
(A) food budgeting for low-income consumers;
(B) purchasing and preparing low-cost nutritional meals;
(C) basic nutrition and healthy foods;
(D) the availability of food stamps;
(E) the eligibility requirements for food stamps; and
(F) the application procedures for receiving food stamps;
(2) identify a target population for the informational
activities, which may
include:
(A) recipients of the Supplemental Food Program for
Women, Infants and
Children;
(B) families which have children who are eligible for the
free or reduced-priced
meals programs;
(C) recipients of commodity surplus foods;
(D) senior citizens attending nutrition sites and
participating in nutritional
activities;
(E) clients of emergency food pantries;
(F) farm workers or migrants; and
(G) others who may benefit from the information including
but not limited to
senior citizens, persons with disabilities, and working
poor families;
(3) identify geographical areas, if any, which
specifically will be targeted; and
(4) ensure that all informational activities are
multilingual and available in
accessible alternative formats.
(c) The plan of operation may include the use of public
service
announcements on radio and television regarding
nutritional assistance.
(d) The department shall submit the plan of operation to
the Food and
Nutrition Service of the United States Department of
Agriculture for approval,
making the department eligible for reimbursement for 50
percent of the cost of
the informational activities.
(e) (d) The department shall cooperate with other
state agencies that
currently operate nutrition education programs.
(f) In developing and implementing the plan of operation,
the department shall
enlist the assistance of public and private nonprofit
agencies that operate
nutrition education and outreach programs, including:
(1) food banks;
(2) food pantries or soup kitchens; and
(3) organizations, including faith-based organizations,
that serve persons at
risk of hunger.
(g) (e) The department shall enlist the assistance of
pro bono public
relations firms where available.
(b) On or after the effective date of this Act, the Texas
Department of Human
Services shall implement Section 33.025, Human Resources
Code, as
amended by this Act, based on the amount of funds
appropriated for that
purpose.
SECTION ____. Section 31.0315, Human Resources Code, is
amended by
adding Subsection (g) to read as follows:
(g) Subject to the availability of funds, the department,
in cooperation with the
Title IV-D agency, may by rule develop an incentive
program designed to
improve paternity establishment and child support
enforcement. The program
may include incentives to an applicant or an applicant's
relatives in the form
of:
(1) a one-time financial bonus in addition to the amount
of financial assistance
granted to the applicant under Section 31.003;
(2) an increase in the amount of financial assistance
granted to the applicant
under Section 31.003; or
(3) to the extent authorized by federal law, an increase
in the amount of
collected child support distributed to the applicant.
SECTION ____. Subchapter A, Chapter 31, Human Resources
Code, is
amended by adding Section 31.0041 to read as follows:
Sec. 31.0041. CHILD SUPPORT DISTRIBUTION. (a) In this
section, "Title
IV-D agency" has the meaning assigned by Section 101.033,
Family Code.
(b) The department may not consider the amount of child
support that is
distributed by the Title IV-D agency to a recipient of
financial assistance and
that would not otherwise disqualify the recipient or the
recipient's family from
receiving the assistance for purposes of determining:
(1) the amount of financial assistance granted to an
individual under this
chapter for the support of dependent children; or
(2) whether the family meets household income and
resource requirements for
financial assistance under this chapter.
SECTION ____. Subchapter A, Chapter 302, Labor Code, is
amended by
adding Section 302.0035 to read as follows:
Sec. 302.0035. EMPLOYMENT ASSISTANCE PROGRAM FOR CERTAIN
PARENTS. The division shall provide employment assistance
services,
including skills training, job placement, and
employment-related services, to a
person referred by the Title IV-D agency under Chapter
231, Family Code.
SECTION ____. Section 31.032(b), Human Resources Code, is
amended to
read as follows:
(b) After completing its investigation, the department
shall determine whether
the applicant is eligible for the assistance, the type
and amount of
assistance, the date on which the assistance shall
begin, and the manner
in which payments shall be made. Subject to the
availability of funds
appropriated for this purpose, an applicant determined to
be eligible for
assistance shall be provided assistance beginning on the
date on which the
applicant applied for assistance.
SECTION ____. Section 31.0355(b), Human Resources Code,
is amended to
read as follows:
(b) If a recipient of financial assistance who receives
the assistance by
electronic benefits transfer to an account is authorized
to make a cash
withdrawal from the account through a provider of the
goods or services
described by Subsection (a), the recipient may make the
cash withdrawal
only at the customer service department of the provider
and not at the
provider's point-of-sale terminal, except as otherwise
provided by this
subsection. If authorized, a recipient may make a cash
withdrawal at a
provider's point-of-sale terminal in a manner consistent
with the provider's
general policies for cash withdrawal by customers.
SECTION ____. Subchapter B, Chapter 32, Human Resources
Code, is
amended by adding Section 32.0242 to read as follows:
Sec. 32.0242. INCOME AND RESOURCE REQUIREMENTS FOR
CERTAIN
RECIPIENTS. To the extent authorized by federal law, the
department shall
determine whether a family meets household income and
resource requirements for medical assistance under 42
U.S.C. Section
1396u-1 in the same manner as the department makes
household income
and resource requirement determinations for financial
assistance under
Chapter 31. If the method of determining household income
and resource
requirements under Chapter 31 changes, the change also
applies to those
requirements for purposes of determining whether a family
is eligible for
medical assistance described by this section.
SECTION ____. Sections 31.0039 and 33.014, Human
Resources Code, as
added by this Act, apply only to a person who receives
financial assistance
under Chapter 31, Human Resources Code, or food stamps
under Chapter 33,
Human Resources Code, on or after the effective date of
this Act, regardless
of the date on which eligibility for the financial
assistance or food stamps was
determined.
(2) Strike page 8, line 7, through page 9, line 13, and
substitute the following:
SECTION 8. The section heading to Section 31.0095, Human
Resources
Code, is amended to read as follows:
Sec. 31.0095. EMPLOYABILITY NEEDS ASSESSMENT.
SECTION 9. The section heading to Section 31.010, Human
Resources Code,
is amended to read as follows:
Sec. 31.010. SUPPORT SERVICES RELATED TO EMPLOYABILITY OF
A
RECIPIENT.
SECTION 10. Subchapter A, Chapter 31, Human Resources
Code, is
amended by adding Section 31.011 to read as follows:
Sec. 31.011. PERSONAL AND FAMILIAL NEEDS ASSESSMENT AND
SUPPORT SERVICES. (a) The department, in cooperation with
the Texas
Workforce Commission or a local workforce development
board, as
appropriate, shall assist a recipient of financial
assistance in assessing the
skills of the recipient and the needs, other than
employability needs assessed
under Section 31.0095, of the recipient and the
recipient's family that, if
addressed, would help the recipient and the recipient's
family to attain and
retain the capability of independence and self-care.
(b) Based on the needs assessment under this section, the
department shall
refer the recipient and the recipient's family to
appropriate preventive and
support services provided by the department or any other
public or private
entity. Preventive and support services to which the
department may refer a
recipient and a recipient's family under this section
include:
(1) substance abuse treatment programs;
(2) domestic violence services;
(3) child abuse awareness and prevention services;
(4) health care and nutrition programs;
(5) parenting skills training;
(6) life skills training;
(7) criminal and juvenile justice intervention programs;
(8) at-risk children and youth programs;
(9) child support enforcement services;
(10) literacy programs;
(11) housing assistance; and
(12) any other program or service determined by the
department to be
appropriate.
(3) On page 36, line 17, strike "Subsection (b)" and
substitute "Subsections
(b) and (c)".
(4) On page 36, between lines 19 and 20, insert the
following:
(c) The changes in law made by Sections 31.0031 and
31.00321, Human
Resources Code, take effect September 1, 2000.