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.