By Lewis of Tarrant H.B. No. 2564 76R7684 CLG-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the consideration of child support for purposes of 1-3 determining eligibility for benefits under the Temporary Assistance 1-4 to Needy Families program. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Subchapter A, Chapter 31, Human Resources Code, 1-7 is amended by adding Section 31.0038 to read as follows: 1-8 Sec. 31.0038. CHILD SUPPORT. (a) The department may not 1-9 consider for a consecutive six-month period a significant portion 1-10 of any child support received on behalf of a dependent child under 1-11 Chapter 231, Family Code, that would otherwise disqualify a 1-12 recipient of financial assistance from receiving the assistance for 1-13 purposes of determining: 1-14 (1) the amount of financial assistance granted to an 1-15 individual for the support of dependent children; or 1-16 (2) whether the family meets household income and 1-17 resource requirements for eligibility for financial assistance. 1-18 (b) In adopting rules under this section, the department 1-19 shall: 1-20 (1) prescribe the portion of child support that the 1-21 department may not consider; 1-22 (2) ensure that this section applies only to 1-23 recipients who have income in an amount that does not exceed the 1-24 maximum gross income limit set by the department under Section 2-1 31.003; and 2-2 (3) consider in determining the amount to be 2-3 disregarded under Subsection (a) the total amount the department 2-4 estimates to be available to provide financial assistance to 2-5 eligible recipients. 2-6 SECTION 2. Section 231.108(c), Family Code, is amended to 2-7 read as follows: 2-8 (c) The Title IV-D agency may use or release information 2-9 from the files and records, including information that results from 2-10 a communication made by a recipient of financial assistance under 2-11 Chapter 31, Human Resources Code, or by an applicant for or 2-12 recipient of services under this chapter, for purposes directly 2-13 connected with the administration of the child support, paternity 2-14 determination, parent locator, or aid to families with dependent 2-15 children programs. The Title IV-D agency may release information 2-16 from the files and records to a consumer reporting agency in 2-17 accordance with Section 231.114 and a local workforce development 2-18 board in accordance with Section 231.1171. 2-19 SECTION 3. Subchapter B, Chapter 231, Family Code, is 2-20 amended by adding Section 231.1171 to read as follows: 2-21 Sec. 231.1171. NOTIFICATION TO LOCAL WORKFORCE DEVELOPMENT 2-22 BOARDS. (a) To the extent authorized by federal law and at least 2-23 once in each six-month period, the Title IV-D agency shall provide 2-24 to each local workforce development board created under Subchapter 2-25 F, Chapter 2308, Government Code, a list of the names and addresses 2-26 of persons who: 2-27 (1) receive financial assistance under Chapter 31, 3-1 Human Resources Code; 3-2 (2) have assigned rights to child support to the Title 3-3 IV-D agency or any other state agency or entity under this chapter; 3-4 and 3-5 (3) reside in the workforce development area served by 3-6 the board. 3-7 (b) A local workforce development board shall use 3-8 information provided under this section only to provide 3-9 employment-related assistance and educational materials to a person 3-10 described by Subsection (a). 3-11 SECTION 4. If, before implementing any provision of this 3-12 Act, a state agency determines that a waiver or other authorization 3-13 from a federal agency is necessary for implementation, the 3-14 department shall request the waiver or authorization and may delay 3-15 implementing that provision until the waiver or authorization is 3-16 granted. 3-17 SECTION 5. The change in law made by Section 31.0038, Human 3-18 Resources Code, as added by this Act, applies only to an individual 3-19 who receives financial assistance under Chapter 31, Human Resources 3-20 Code, on or after the effective date of this Act, regardless of the 3-21 date on which eligibility for that assistance was determined. 3-22 SECTION 6. This Act takes effect September 1, 1999. 3-23 SECTION 7. The importance of this legislation and the 3-24 crowded condition of the calendars in both houses create an 3-25 emergency and an imperative public necessity that the 3-26 constitutional rule requiring bills to be read on three several 3-27 days in each house be suspended, and this rule is hereby suspended.