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.