76R13054 KKA/CLG/KLA-D
By Naishtat, Lewis of Tarrant, Tillery H.B. No. 3639
Substitute the following for H.B. No. 3639:
By Maxey C.S.H.B. No. 3639
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to eligibility for and the provision of services and
1-3 programs for needy people and to the duty of parents to support
1-4 their children to prevent reliance on programs for needy people;
1-5 providing penalties.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 ARTICLE 1. PERSONAL RESPONSIBILITY AND SANCTIONS
1-8 SECTION 1.01. SANCTIONS FOR NONCOMPLIANCE. (a) Section
1-9 31.0031(c), Human Resources Code, is amended to read as follows:
1-10 (c) Subject to the requirements of Section 31.00321, the
1-11 [The] department shall adopt rules governing sanctions and
1-12 penalties under this section to or for:
1-13 (1) a person who fails to comply with each applicable
1-14 requirement of the responsibility agreement prescribed by this
1-15 section; and
1-16 (2) the family of a person who fails to comply with
1-17 the requirement of the responsibility agreement under Subsection
1-18 (d)(4).
1-19 (b) Sections 31.0032(a) and (c), Human Resources Code, are
1-20 amended to read as follows:
1-21 (a) If after an investigation the department determines that
1-22 a person is not complying with a requirement of the responsibility
1-23 agreement required under Section 31.0031, the department shall
1-24 apply appropriate sanctions or penalties regarding the assistance
2-1 provided to or for that person or that person and the person's
2-2 family under this chapter.
2-3 (c) This section does not prohibit the department from
2-4 providing medical assistance, child care, or any other social or
2-5 support services for a person who or a family that is [an
2-6 individual] subject to sanctions or penalties under this chapter.
2-7 (c) Subchapter A, Chapter 31, Human Resources Code, is
2-8 amended by adding Section 31.00321 to read as follows:
2-9 Sec. 31.00321. PENALTIES AND SANCTIONS FOR NONCOMPLIANCE
2-10 WITH CERTAIN REQUIREMENTS. (a) This section applies only to the
2-11 application of sanctions or penalties to a person who, without good
2-12 cause as determined under Section 31.0033, fails or refuses to
2-13 comply with a requirement of the responsibility agreement under
2-14 Section 31.0031(d)(4).
2-15 (b) On a person's first failure or refusal to comply with a
2-16 requirement of the responsibility agreement under Section
2-17 31.0031(d)(4), the department shall reduce the amount of financial
2-18 assistance provided to or for each adult person in the family who
2-19 is not in compliance for a period of one month or until each adult
2-20 member of the family complies, whichever is later. If each adult
2-21 member of the family has not complied with the requirement under
2-22 Section 31.0031(d)(4) after six months, the department shall,
2-23 subject to the requirements of Section 31.00331, terminate the
2-24 total amount of financial assistance provided to or for the person
2-25 and the person's family.
2-26 (c) On a person's second failure or refusal to comply with
2-27 the requirement of the responsibility agreement under Section
3-1 31.0031(d)(4), the department shall reduce the amount of financial
3-2 assistance provided to or for each adult person in the family who
3-3 is not in compliance for a period of two months or until each adult
3-4 member of the family complies, whichever is later. If each adult
3-5 member of the family has not complied with the requirement under
3-6 Section 31.0031(d)(4) after three months, the department shall,
3-7 subject to the requirements of Section 31.00331, terminate the
3-8 total amount of financial assistance provided to or for the person
3-9 and the person's family.
3-10 (d) On a person's third or subsequent failure or refusal to
3-11 comply with the requirement of the responsibility agreement under
3-12 Section 31.0031(d)(4), the department shall, subject to the
3-13 requirements of Section 31.00331, terminate the total amount of
3-14 financial assistance provided to or for the person and the person's
3-15 family.
3-16 (d) Section 31.0033(c), Human Resources Code, is amended to
3-17 read as follows:
3-18 (c) If the department finds that good cause for
3-19 noncompliance was not shown at a hearing, the department shall
3-20 apply appropriate sanctions or penalties to or for that person or
3-21 that person and the person's family until the department determines
3-22 that the person is in compliance with the terms of the
3-23 responsibility agreement.
3-24 SECTION 1.02. CASE REVIEW AND COMPLIANCE PLAN. Subchapter
3-25 A, Chapter 31, Human Resources Code, is amended by adding Section
3-26 31.00331 to read as follows:
3-27 Sec. 31.00331. CASE REVIEW AND COMPLIANCE PLAN ON
4-1 NONCOMPLIANCE WITH CERTAIN REQUIREMENTS. (a) Before termination
4-2 of all financial assistance for a person or the person's family
4-3 under Section 31.00321, the department, the Texas Workforce
4-4 Commission or a local workforce development board, as appropriate,
4-5 and, if applicable, the Title IV-D agency shall conduct a case
4-6 review to determine the reasons for:
4-7 (1) the noncompliance of the person with a requirement
4-8 of the responsibility agreement under Section 31.0031(d)(4); and
4-9 (2) the application of penalties or sanctions against
4-10 the person or the person and the person's family because of the
4-11 noncompliance.
4-12 (b) The case review under Subsection (a) must:
4-13 (1) include an administrative review of the person's
4-14 case file to determine whether:
4-15 (A) the sanction or penalty is being applied
4-16 correctly; and
4-17 (B) information about compliance or relevant
4-18 exemptions has been accurately shared between the department and
4-19 the appropriate agencies specified under Subsection (a);
4-20 (2) document efforts made by the department to contact
4-21 the person directly;
4-22 (3) identify factors that contributed to the person's
4-23 inability to comply with the requirement of the responsibility
4-24 agreement under Section 31.0031(d)(4) for which the person is being
4-25 sanctioned or penalized; and
4-26 (4) determine the support services that will enable
4-27 the person to comply with that requirement.
5-1 (c) Based on the case review conducted under this section,
5-2 the department shall develop a compliance plan for the person. The
5-3 compliance plan may require the person to take specific actions or
5-4 engage in specific activities as evidence of compliance with a
5-5 requirement of the responsibility agreement under Section
5-6 31.0031(d)(4) with which the person has previously not complied.
5-7 The compliance plan may also provide referrals to appropriate
5-8 preventive and support services to address and remove barriers to
5-9 compliance encountered by the person.
5-10 (d) Notwithstanding Section 31.00321, the department may not
5-11 apply a sanction or penalty against a person for noncompliance with
5-12 a requirement under Section 31.0031(d)(4) if:
5-13 (1) a compliance plan was developed for the person
5-14 under Subsection (c) and the person has complied with the terms of
5-15 that plan;
5-16 (2) the case review conducted under Subsection (a)
5-17 identified a legitimate good cause for noncompliance; or
5-18 (3) the administrative review of the person's case
5-19 file required under Subsection (b)(1) resulted in a determination
5-20 that the imposition of the sanction or penalty was erroneous
5-21 because of inaccurate information.
5-22 (e) A person who is sanctioned under Section 31.00321 for
5-23 noncompliance with the requirement of the responsibility agreement
5-24 under Section 31.0031(d)(4) and who finds employment is:
5-25 (1) considered to have complied with the requirements
5-26 of Section 31.0031(d)(4); and
5-27 (2) eligible for child care assistance under this
6-1 chapter and transitional medical assistance under Chapter 32 to the
6-2 extent allowed by federal law and established by department and
6-3 Texas Workforce Commission rule.
6-4 (f) The department and the Texas Workforce Commission or a
6-5 local workforce development board, as appropriate, may contract
6-6 with community-based organizations, academic institutions, or other
6-7 appropriate entities to provide services that are determined to be
6-8 necessary in the case review conducted under this section.
6-9 SECTION 1.03. INELIGIBILITY FOR FINANCIAL ASSISTANCE AND
6-10 FOOD STAMPS RESULTING FROM CERTAIN DRUG-RELATED CONVICTIONS. (a)
6-11 Subchapter A, Chapter 31, Human Resources Code, is amended by
6-12 adding Section 31.0039 to read as follows:
6-13 Sec. 31.0039. INELIGIBILITY RESULTING FROM DRUG-RELATED
6-14 FELONY CONVICTIONS. (a) A person is permanently ineligible for
6-15 financial assistance if the person is convicted, for conduct
6-16 occurring after September 1, 1999, of an offense under federal law
6-17 or the law of this state or any other state that at the time of the
6-18 conviction is classified as a felony by the jurisdiction involved
6-19 and has as an element the manufacture or delivery of a controlled
6-20 substance, as defined in 21 U.S.C. Section 802 and its subsequent
6-21 amendments.
6-22 (b) Except as provided by Subsection (d), a person who is
6-23 convicted, for conduct occurring after September 1, 1999, of an
6-24 offense under federal law or the law of this state or any other
6-25 state that at the time of the conviction is classified as a felony
6-26 by the jurisdiction involved and has as an element the possession
6-27 or use of a controlled substance, as defined in 21 U.S.C. Section
7-1 802 and its subsequent amendments, is ineligible for financial
7-2 assistance until the third anniversary of the date of the
7-3 conviction.
7-4 (c) The department shall require an applicant for financial
7-5 assistance to indicate in writing whether the applicant or any
7-6 member of the applicant's household has been convicted of an
7-7 offense described by Subsection (a) or (b).
7-8 (d) A person convicted of an offense described by Subsection
7-9 (b) is not ineligible under that subsection for financial
7-10 assistance if the person:
7-11 (1) has completed any sentence of confinement or
7-12 imprisonment imposed by the court in connection with the
7-13 conviction;
7-14 (2) is in compliance with the terms and conditions of
7-15 any parole or community supervision; and
7-16 (3) has completed or is participating in a drug
7-17 rehabilitation, counseling, or support program.
7-18 (e) The department shall adopt rules as necessary to
7-19 implement this section.
7-20 (f) This section does not affect:
7-21 (1) the eligibility for financial assistance of any
7-22 other member of the household of a person ineligible as a result of
7-23 a conviction of an offense described by Subsection (a) or (b); or
7-24 (2) the eligibility of a person convicted of an
7-25 offense described by Subsection (a) or (b) for a federal benefit
7-26 specified in 21 U.S.C. Section 862a(f) and its subsequent
7-27 amendments.
8-1 (b) Chapter 33, Human Resources Code, is amended by adding
8-2 Section 33.014 to read as follows:
8-3 Sec. 33.014. INELIGIBILITY RESULTING FROM DRUG-RELATED
8-4 FELONY CONVICTIONS. (a) A person is permanently ineligible for
8-5 food stamps if the person is convicted, for conduct occurring after
8-6 September 1, 1999, of an offense under federal law or the law of
8-7 this state or any other state that at the time of the conviction is
8-8 classified as a felony by the jurisdiction involved and has as an
8-9 element the manufacture or delivery of a controlled substance, as
8-10 defined in 21 U.S.C. Section 802 and its subsequent amendments.
8-11 (b) Except as provided by Subsection (d), a person who is
8-12 convicted, for conduct occurring after September 1, 1999, of an
8-13 offense under federal law or the law of this state or any other
8-14 state that at the time of the conviction is classified as a felony
8-15 by the jurisdiction involved and has as an element the possession
8-16 or use of a controlled substance, as defined in 21 U.S.C. Section
8-17 802 and its subsequent amendments, is ineligible for food stamps
8-18 until the third anniversary of the date of the conviction.
8-19 (c) The department shall require an applicant for food
8-20 stamps to indicate in writing whether the applicant or any member
8-21 of the applicant's household has been convicted of an offense
8-22 described by Subsection (a) or (b).
8-23 (d) A person convicted of an offense described by Subsection
8-24 (b) is not ineligible under that subsection for food stamps if the
8-25 person:
8-26 (1) has completed any sentence of confinement or
8-27 imprisonment imposed by the court in connection with the
9-1 conviction;
9-2 (2) is in compliance with the terms and conditions of
9-3 any parole or community supervision; and
9-4 (3) has completed or is participating in a drug
9-5 rehabilitation, counseling, or support program.
9-6 (e) The department shall adopt rules as necessary to
9-7 implement this section.
9-8 (f) This section does not affect:
9-9 (1) the eligibility for food stamps of any other
9-10 member of the household of a person ineligible as a result of a
9-11 conviction of an offense described by Subsection (a) or (b); or
9-12 (2) the eligibility of a person convicted of an
9-13 offense described by Subsection (a) or (b) for a federal benefit
9-14 specified in 21 U.S.C. Section 862a(f) and its subsequent
9-15 amendments.
9-16 (c) Sections 31.0039 and 33.014, Human Resources Code, as
9-17 added by this section, apply only to a person who receives
9-18 financial assistance under Chapter 31, Human Resources Code, or
9-19 food stamps under Chapter 33, Human Resources Code, on or after the
9-20 effective date of this section, regardless of the date on which
9-21 eligibility for the financial assistance or food stamps was
9-22 determined.
9-23 SECTION 1.04. STUDY REGARDING ROLE OF SANCTIONS AND
9-24 INCENTIVES IN IMPROVING PATERNITY ESTABLISHMENT AND CHILD SUPPORT
9-25 ENFORCEMENT. (a) The Texas Department of Human Services and the
9-26 Office of the Attorney General shall conduct a joint study of
9-27 existing efforts to establish paternity and collect child support
10-1 for children in families receiving financial assistance under
10-2 Chapter 31, Human Resources Code.
10-3 (b) The study required by this section must review:
10-4 (1) existing relevant procedures and policies,
10-5 including procedures and policies relating to case management,
10-6 interactions with clients, interagency operations, and sanctions;
10-7 (2) the findings and recommendations of current
10-8 relevant research; and
10-9 (3) the efforts of other states in attempting to
10-10 improve paternity establishment and child support enforcement
10-11 through use of sanctions, penalties, and incentives such as
10-12 increased pass-through amounts of collected child support payments,
10-13 with a focus on the levels of success obtained by other states in
10-14 improving client compliance and cooperation with paternity
10-15 establishment and child support enforcement.
10-16 (c) The department and the attorney general shall jointly
10-17 submit to the 77th Legislature a report based on the study required
10-18 by this section. The report must include recommendations for
10-19 improving:
10-20 (1) paternity establishment and child support
10-21 enforcement for children in families receiving financial assistance
10-22 under Chapter 31, Human Resources Code; and
10-23 (2) the cooperation and compliance with legal
10-24 requirements of persons receiving financial assistance under
10-25 Chapter 31, Human Resources Code, in paternity establishment and
10-26 child support enforcement.
11-1 ARTICLE 2. WELFARE FRAUD
11-2 SECTION 2.01. SUBPOENA AUTHORITY. Chapter 22, Human
11-3 Resources Code, is amended by adding Section 22.0271 to read as
11-4 follows:
11-5 Sec. 22.0271. SUBPOENA AUTHORITY: FRAUD INVESTIGATIONS.
11-6 (a) The department may issue a subpoena throughout this state to
11-7 compel the attendance and testimony of a witness or the production
11-8 of documents or other evidence relating to an investigation by the
11-9 department of a potentially fraudulent claim for benefits or other
11-10 payment under the food stamp program or the financial assistance
11-11 program. The subpoena may compel attendance or production at the
11-12 department's offices in Austin or at another place designated in
11-13 the subpoena.
11-14 (b) The department by rule may authorize the commissioner or
11-15 another department employee or representative to issue a subpoena
11-16 authorized by this section on behalf of the department.
11-17 (c) On a person's failure to comply with a subpoena issued
11-18 under this section, the department shall apply for an order
11-19 directing compliance to the district court of the county in which
11-20 the person is found, resides, or transacts business.
11-21 (d) A subpoena issued under this section to a financial
11-22 institution is not subject to Section 30.007, Civil Practice and
11-23 Remedies Code.
11-24 SECTION 2.02. SANCTIONS FOR WELFARE FRAUD. Subchapter A,
11-25 Chapter 31, Human Resources Code, is amended by adding Section
11-26 31.017 to read as follows:
11-27 Sec. 31.017. FRAUD. (a) For purposes of establishing or
12-1 maintaining the eligibility of the person and the person's family
12-2 for financial assistance or for purposes of increasing or
12-3 preventing a reduction in the amount of the assistance, a person
12-4 may not intentionally:
12-5 (1) make a statement that the person knows is false or
12-6 misleading;
12-7 (2) misrepresent, conceal, or withhold a fact; or
12-8 (3) represent a statement to be true if the person
12-9 knows the statement is false.
12-10 (b) If after an investigation the department determines that
12-11 a person has violated this section, the department shall:
12-12 (1) notify the person of the alleged violation not
12-13 later than the 30th day after the date the investigation is
12-14 completed and conduct a hearing; or
12-15 (2) refer the matter to the appropriate district
12-16 attorney for prosecution.
12-17 (c) If a hearing officer at an administrative hearing held
12-18 under this section determines that a person has violated this
12-19 section, the department shall:
12-20 (1) after the first violation, terminate the total
12-21 amount of financial assistance provided to or for that person until
12-22 the first anniversary of the date the assistance was terminated;
12-23 (2) after the second violation, terminate the total
12-24 amount of financial assistance provided to or for that person until
12-25 the second anniversary of the date the assistance was terminated;
12-26 and
12-27 (3) after the third violation, permanently disqualify
13-1 the person from receiving financial assistance.
13-2 (d) A person whom a hearing officer determines to be in
13-3 violation of this section may appeal the determination by filing a
13-4 petition in the district court in the county in which the violation
13-5 occurred not later than the 30th day after the date of the
13-6 decision.
13-7 (e) If a person is convicted of an offense under the Penal
13-8 Code for conduct described by this section, a person is permanently
13-9 disqualified from receiving financial assistance.
13-10 ARTICLE 3. EMPLOYMENT
13-11 SECTION 3.01. EARNED INCOME DISREGARDS. (a) Subchapter A,
13-12 Chapter 31, Human Resources Code, is amended by adding Section
13-13 31.0038 to read as follows:
13-14 Sec. 31.0038. EARNED INCOME DISREGARDS FOR EMPLOYMENT. (a)
13-15 The purpose of the earned income disregards benefit is to assist a
13-16 recipient of financial assistance in making a successful transition
13-17 from the receipt of financial assistance to employment and
13-18 self-sufficiency.
13-19 (b) In this section, "former recipient of the earned income
13-20 disregards benefit" means a recipient of financial assistance whose
13-21 earned income has previously been disregarded by the department
13-22 under this section.
13-23 (c) If an adult recipient of financial assistance becomes
13-24 employed while receiving the assistance, the department may not
13-25 consider any earned income received by the recipient up to the
13-26 first six months of employment for purposes of determining:
13-27 (1) the amount of financial assistance granted to an
14-1 individual for the support of dependent children; or
14-2 (2) whether the family meets household income and
14-3 resource requirements for financial assistance.
14-4 (d) The department may not disregard under Subsection (c)
14-5 the earned income of a recipient who left a position of employment
14-6 voluntarily without good cause in the three-month period
14-7 immediately preceding the date on which the recipient applied for
14-8 financial assistance.
14-9 (e) The department may not disregard under Subsection (c)
14-10 the earned income of a former recipient of the earned income
14-11 disregards benefit until the first anniversary of the day after the
14-12 last date on which the former recipient's earned income was
14-13 disregarded under that subsection.
14-14 (f) During the period the earned income of a recipient is
14-15 disregarded by the department under Subsection (c), the department
14-16 may not exempt the recipient from participating in a work or
14-17 employment activity under Section 31.012.
14-18 (g) In adopting rules under this section, the department
14-19 shall:
14-20 (1) ensure that this section applies only to
14-21 recipients who have income in an amount that does not exceed the
14-22 maximum gross income limit set by the department under Section
14-23 31.003; and
14-24 (2) promote the purpose described by Subsection (a).
14-25 (b) Section 31.043(a), Human Resources Code, as added by
14-26 Chapter 878, Acts of the 75th Legislature, Regular Session, 1997,
14-27 is repealed.
15-1 SECTION 3.02. POST-EMPLOYMENT ASSESSMENT. Subchapter A,
15-2 Chapter 31, Human Resources Code, is amended by adding Section
15-3 31.0096 to read as follows:
15-4 Sec. 31.0096. POST-EMPLOYMENT ASSESSMENT AND SERVICES. (a)
15-5 The department and the Texas Workforce Commission or the local
15-6 workforce development board, as appropriate, shall jointly develop
15-7 a program under which a recipient of financial assistance who
15-8 obtains employment is:
15-9 (1) assessed after beginning employment to determine
15-10 the recipient's need for continuing education, training, and other
15-11 services to promote employment retention and advancement to more
15-12 highly skilled and compensated employment; and
15-13 (2) provided appropriate services to the extent the
15-14 services are available.
15-15 (b) The department shall ensure that a recipient of
15-16 financial assistance who obtains employment receives clear
15-17 notification of any medical assistance under Chapter 32 and any
15-18 food stamp benefits under Chapter 33 for which the recipient or the
15-19 recipient's family remains eligible.
15-20 SECTION 3.03. WORK REQUIREMENT EXEMPTIONS. (a) Section
15-21 31.012(c), Human Resources Code, is amended to read as follows:
15-22 (c) A person who is the caretaker of a physically or
15-23 mentally disabled child who requires the caretaker's presence is
15-24 not required to participate in a program under this section.
15-25 Effective January 1, 2000 [September 1, 1995], a person is not
15-26 required to participate in a program under this section until the
15-27 person's youngest child at the time the person first became
16-1 eligible for assistance reaches the age of three [five]. Effective
16-2 January 1, 2001 [September 1, 1997], a person is exempt until the
16-3 person's youngest child at the time the person first became
16-4 eligible for assistance reaches the age of two [four]. Effective
16-5 January 1, 2002, a person is exempt until the person's youngest
16-6 child at the time the person first became eligible for assistance
16-7 reaches the age of one. In a two-parent family, only one parent
16-8 may claim an exemption described by this section. Notwithstanding
16-9 Sections 31.0035(b) and 32.0255(b), the department shall provide to
16-10 a person who is exempt under this subsection and who voluntarily
16-11 participates in a program under Subsection (a)(2) six months of
16-12 transitional benefits in addition to the applicable limit
16-13 prescribed by Section 31.0065.
16-14 (b) Before implementing any provision of Section 31.012(c),
16-15 Human Resources Code, as amended by this section, the Texas
16-16 Department of Human Services shall develop and implement a client
16-17 education effort targeted at clients affected by the changes to
16-18 that section. The department shall inform each client whose
16-19 exemption status is affected of the pending change, the timeline
16-20 for the change, and the effect of the change on the client's work
16-21 requirements and time limits.
16-22 (c) If, before implementing any provision of Section
16-23 31.012(c), Human Resources Code, as amended by this section, a
16-24 state agency determines that a waiver or authorization from a
16-25 federal agency is necessary for implementation, the agency shall
16-26 request the waiver or authorization and may delay implementing that
16-27 provision until the waiver or authorization is granted.
17-1 (d) If a waiver or authorization requested under Subsection
17-2 (c) of this section is denied, the Texas Department of Human
17-3 Services shall develop and implement a plan relating to authorizing
17-4 exemptions from participation in work or employment activity
17-5 requirements for certain recipients of Temporary Assistance for
17-6 Needy Families benefits in a manner that complies with federal law
17-7 and regulations.
17-8 (e) This section applies only to a person who receives
17-9 financial assistance under Chapter 31, Human Resources Code, on or
17-10 after the effective date of this section, regardless of the date on
17-11 which eligibility for that assistance was determined.
17-12 SECTION 3.04. BONUS PROGRAM FOR LOCAL WORKFORCE DEVELOPMENT
17-13 BOARDS. Subchapter A, Chapter 31, Human Resources Code, is amended
17-14 by adding Section 31.013 to read as follows:
17-15 Sec. 31.013. PERFORMANCE-BASED BONUS PROGRAM FOR LOCAL
17-16 WORKFORCE DEVELOPMENT BOARDS. (a) The Texas Workforce Commission
17-17 shall develop and implement a performance-based bonus program to
17-18 reward efforts by local workforce development boards in preparing,
17-19 placing, and maintaining recipients of financial assistance in jobs
17-20 that pay self-sustaining wages and that allow the recipients to
17-21 become independent of financial assistance and, if applicable, food
17-22 stamps.
17-23 (b) In developing criteria for the bonus program, the
17-24 commission may consider:
17-25 (1) differences in economic conditions, including area
17-26 wages;
17-27 (2) regional median wages;
18-1 (3) average county wages; and
18-2 (4) federal poverty guidelines.
18-3 (c) A local workforce development board shall use money
18-4 provided under this section for expenses relating to education,
18-5 training, and support services necessary to prepare, place, and
18-6 maintain recipients of financial assistance in jobs that pay
18-7 self-sustaining wages.
18-8 (d) The commission may also provide for payment of
18-9 additional amounts to a local workforce development board under the
18-10 bonus program based on the wage level attained by recipients of
18-11 financial assistance served by the board and the length of time
18-12 that those recipients maintain employment.
18-13 ARTICLE 4. SUPPORT SERVICES
18-14 SECTION 4.01. PERSONAL NEEDS ASSESSMENT. (a) The section
18-15 heading to Section 31.0095, Human Resources Code, is amended to
18-16 read as follows:
18-17 Sec. 31.0095. EMPLOYABILITY NEEDS ASSESSMENT.
18-18 (b) The section heading to Section 31.010, Human Resources
18-19 Code, is amended to read as follows:
18-20 Sec. 31.010. SUPPORT SERVICES RELATED TO EMPLOYABILITY OF A
18-21 RECIPIENT.
18-22 (c) Subchapter A, Chapter 31, Human Resources Code, is
18-23 amended by adding Section 31.011 to read as follows:
18-24 Sec. 31.011. PERSONAL AND FAMILIAL NEEDS ASSESSMENT AND
18-25 SUPPORT SERVICES. (a) The department, in cooperation with the
18-26 Texas Workforce Commission or a local workforce development board,
18-27 as appropriate, shall assist a recipient of financial assistance in
19-1 assessing the skills of the recipient and the needs, other than
19-2 employability needs assessed under Section 31.0095, of the
19-3 recipient and the recipient's family that, if addressed, would help
19-4 the recipient and the recipient's family to attain and retain the
19-5 capability of independence and self-care.
19-6 (b) Based on the needs assessment under this section, the
19-7 department shall refer the recipient and the recipient's family to
19-8 appropriate preventive and support services provided by the
19-9 department or any other public or private entity. Preventive and
19-10 support services to which the department may refer a recipient and
19-11 a recipient's family under this section include:
19-12 (1) substance abuse treatment programs;
19-13 (2) domestic violence services;
19-14 (3) child abuse awareness and prevention services;
19-15 (4) health care and nutrition programs;
19-16 (5) parenting skills training;
19-17 (6) life skills training;
19-18 (7) criminal and juvenile justice intervention
19-19 programs;
19-20 (8) at-risk children and youth programs;
19-21 (9) child support enforcement services;
19-22 (10) literacy programs;
19-23 (11) housing assistance; and
19-24 (12) any other program or service determined by the
19-25 department to be appropriate.
19-26 SECTION 4.02. NUTRITION ASSISTANCE EDUCATION AND OUTREACH.
19-27 (a) Section 33.025, Human Resources Code, is amended to read as
20-1 follows:
20-2 Sec. 33.025. NUTRITION EDUCATION AND OUTREACH FOR THOSE
20-3 ELIGIBLE FOR FOOD STAMPS. (a) The department shall develop and
20-4 implement a plan of operation to provide nutrition education and
20-5 outreach to persons eligible for food stamps.
20-6 (b) The plan of operation [for education and outreach]
20-7 shall:
20-8 (1) ensure that low-income consumers are provided with
20-9 informational materials that include [but are not limited to]
20-10 information on:
20-11 (A) food budgeting for low-income consumers;
20-12 (B) purchasing and preparing low-cost
20-13 nutritional meals;
20-14 (C) basic nutrition and healthy foods;
20-15 (D) the availability of food stamps;
20-16 (E) the eligibility requirements for food
20-17 stamps; and
20-18 (F) the application procedures for receiving
20-19 food stamps;
20-20 (2) identify a target population for the informational
20-21 activities, which may include:
20-22 (A) recipients of the Supplemental Food Program
20-23 for Women, Infants and Children;
20-24 (B) families which have children who are
20-25 eligible for the free or reduced-priced meals programs;
20-26 (C) recipients of commodity surplus foods;
20-27 (D) senior citizens attending nutrition sites
21-1 and participating in nutritional activities;
21-2 (E) clients of emergency food pantries;
21-3 (F) farm workers or migrants; and
21-4 (G) others who may benefit from the information
21-5 including [but not limited to] senior citizens, persons with
21-6 disabilities, and working poor families;
21-7 (3) identify geographical areas, if any, which
21-8 specifically will be targeted; and
21-9 (4) ensure that all informational activities are
21-10 multilingual and available in accessible alternative formats.
21-11 (c) The plan of operation may include the use of public
21-12 service announcements on radio and television regarding nutritional
21-13 assistance.
21-14 (d) The department shall submit the plan of operation to the
21-15 Food and Nutrition Service of the United States Department of
21-16 Agriculture for approval, making the department eligible for
21-17 reimbursement for 50 percent of the cost of the informational
21-18 activities.
21-19 (e) [(d)] The department shall cooperate with other state
21-20 agencies that currently operate nutrition education programs.
21-21 (f) In developing and implementing the plan of operation,
21-22 the department shall enlist the assistance of public and private
21-23 nonprofit agencies that operate nutrition education and outreach
21-24 programs, including:
21-25 (1) food banks;
21-26 (2) food pantries or soup kitchens; and
21-27 (3) organizations, including faith-based
22-1 organizations, that serve persons at risk of hunger.
22-2 (g) [(e)] The department shall enlist the assistance of pro
22-3 bono public relations firms where available.
22-4 (b) On or after the effective date of this section, the
22-5 Texas Department of Human Services shall implement Section 33.025,
22-6 Human Resources Code, as amended by this section, based on the
22-7 amount of funds appropriated for that purpose.
22-8 ARTICLE 5. CHILD SUPPORT
22-9 SECTION 5.01. INCENTIVE PROGRAM. Section 31.0315, Human
22-10 Resources Code, is amended by adding Subsection (g) to read as
22-11 follows:
22-12 (g) Subject to the availability of funds appropriated for
22-13 that purpose, the department, in cooperation with the Title IV-D
22-14 agency, may by rule develop an incentive program designed to
22-15 encourage an applicant or an applicant's relatives to cooperate
22-16 with the requirements of this section. The program may include
22-17 incentives in the form of:
22-18 (1) a one-time financial bonus in addition to the
22-19 amount of financial assistance granted to the applicant under
22-20 Section 31.003;
22-21 (2) an increase in the amount of financial assistance
22-22 granted to the applicant under Section 31.003; or
22-23 (3) to the extent authorized by federal law, an
22-24 increase in the amount of collected child support distributed to
22-25 the applicant.
22-26 SECTION 5.02. DISREGARD OF CHILD SUPPORT. Subchapter A,
22-27 Chapter 31, Human Resources Code, is amended by adding Section
23-1 31.0041 to read as follows:
23-2 Sec. 31.0041. CHILD SUPPORT DISTRIBUTION. (a) In this
23-3 section, "Title IV-D agency" has the meaning assigned by Section
23-4 101.033, Family Code.
23-5 (b) The department may not consider the amount of child
23-6 support that is distributed by the Title IV-D agency to a recipient
23-7 of financial assistance and that would not otherwise disqualify the
23-8 recipient or the recipient's family from receiving the assistance
23-9 for purposes of determining:
23-10 (1) the amount of financial assistance granted to an
23-11 individual under this chapter for the support of dependent
23-12 children; or
23-13 (2) whether the family meets household income and
23-14 resource requirements for financial assistance under this chapter.
23-15 SECTION 5.03. OBLIGOR EMPLOYMENT ASSISTANCE. (a) Section
23-16 231.115, Family Code, as added by Chapter 165, Acts of the 75th
23-17 Legislature, Regular Session, 1997, is amended to read as follows:
23-18 Sec. 231.115. UNEMPLOYED AND UNDEREMPLOYED OBLIGORS
23-19 [NONCUSTODIAL PARENTS]. (a) The Title IV-D agency shall refer to
23-20 appropriate state and local entities that provide employment
23-21 services [assist unemployed noncustodial parents in gaining
23-22 employment] any unemployed or underemployed obligor [noncustodial
23-23 parent] who is in arrears in court-ordered child support payments
23-24 [to a child who:]
23-25 [(1) receives financial assistance under Chapter 31,
23-26 Human Resources Code; or]
23-27 [(2) is otherwise eligible to receive financial
24-1 assistance under Chapter 31, Human Resources Code, and for whom the
24-2 Department of Protective and Regulatory Services is providing
24-3 substitute care].
24-4 (b) A referral under Subsection (a) may include:
24-5 (1) skills training and job placement through:
24-6 (A) the Texas Workforce Commission; or
24-7 (B) the agency responsible for the food stamp
24-8 employment and training program (7 U.S.C. Section 2015(d));
24-9 (2) referrals to education and literacy classes; and
24-10 (3) counseling regarding:
24-11 (A) substance abuse;
24-12 (B) parenting skills;
24-13 (C) life skills; and
24-14 (D) mediation techniques.
24-15 (c) The Title IV-D agency may require an unemployed or
24-16 underemployed obligor [noncustodial parent] to complete the
24-17 training, classes, or counseling the obligor [parent] is referred
24-18 to under this section. The agency shall suspend under Chapter 232
24-19 the license of an obligor [a parent] who fails to comply with the
24-20 requirements of this subsection.
24-21 (b) Subchapter A, Chapter 302, Labor Code, is amended by
24-22 adding Section 302.0035 to read as follows:
24-23 Sec. 302.0035. EMPLOYMENT ASSISTANCE PROGRAM FOR CERTAIN
24-24 PARENTS. The division shall provide employment assistance
24-25 services, including skills training, job placement, and
24-26 employment-related services, to a person referred by the Title IV-D
24-27 agency under Chapter 231, Family Code.
25-1 ARTICLE 6. MISCELLANEOUS PROVISIONS
25-2 SECTION 6.01. ENTITLEMENT TO FINANCIAL ASSISTANCE FROM DATE
25-3 OF APPLICATION. Section 31.032(b), Human Resources Code, is
25-4 amended to read as follows:
25-5 (b) After completing its investigation, the department shall
25-6 determine whether the applicant is eligible for the assistance, the
25-7 type and amount of assistance, [the date on which the assistance
25-8 shall begin,] and the manner in which payments shall be made. An
25-9 applicant determined to be eligible for assistance is entitled to
25-10 assistance beginning on the date on which the applicant applied for
25-11 assistance.
25-12 SECTION 6.02. CASH WITHDRAWALS UNDER ELECTRONIC BENEFITS
25-13 TRANSFER. Section 31.0355(b), Human Resources Code, is amended to
25-14 read as follows:
25-15 (b) If a recipient of financial assistance who receives the
25-16 assistance by electronic benefits transfer to an account is
25-17 authorized to make a cash withdrawal from the account through a
25-18 provider of the goods or services described by Subsection (a), the
25-19 recipient may make the cash withdrawal only at the customer service
25-20 department of the provider and not at the provider's point-of-sale
25-21 terminal, except as otherwise provided by this subsection. If
25-22 authorized, a recipient may make a cash withdrawal at a provider's
25-23 point-of-sale terminal in a manner consistent with the provider's
25-24 general policies for cash withdrawal by customers.
25-25 SECTION 6.03. INCOME AND RESOURCE REQUIREMENTS APPLICABLE TO
25-26 MEDICAL ASSISTANCE PROGRAM. Subchapter B, Chapter 32, Human
25-27 Resources Code, is amended by adding Section 32.0242 to read as
26-1 follows:
26-2 Sec. 32.0242. INCOME AND RESOURCE REQUIREMENTS FOR CERTAIN
26-3 RECIPIENTS. To the extent authorized by federal law, the
26-4 department shall determine whether a family meets household income
26-5 and resource requirements for medical assistance under 42 U.S.C.
26-6 Section 1396u-1 in the same manner as the department makes
26-7 household income and resource requirement determinations for
26-8 financial assistance under Chapter 31. If the method of
26-9 determining household income and resource requirements under
26-10 Chapter 31 changes, the change also applies to those requirements
26-11 for purposes of determining whether a family is eligible for
26-12 medical assistance described by this section.
26-13 SECTION 6.04. LEASE AND SUBLEASE OF OFFICE SPACE.
26-14 Subchapter B, Chapter 531, Government Code, is amended by adding
26-15 Section 531.051 to read as follows:
26-16 Sec. 531.051. LEASES AND SUBLEASES OF CERTAIN OFFICE SPACE.
26-17 (a) A health and human services agency, with the approval of the
26-18 commission, or the Texas Workforce Commission or any other state
26-19 agency that administers employment services programs, may lease or
26-20 sublease office space to or from a private service provider that
26-21 contracts with the agency to enable agency eligibility and
26-22 enrollment personnel to work with the provider if:
26-23 (1) client access would be enhanced; and
26-24 (2) the co-location of offices would improve the
26-25 efficiency of the administration and delivery of services.
26-26 (b) Subchapters D and E, Chapter 2165, do not apply to a
26-27 state agency that leases or subleases office space to a private
27-1 service provider under this section.
27-2 (c) Subchapter B, Chapter 2167, does not apply to a state
27-3 agency that leases or subleases office space from a private service
27-4 provider under this section.
27-5 (d) A state agency is delegated the authority to enter into
27-6 a lease or sublease under this section and may negotiate the terms
27-7 of the lease or sublease.
27-8 (e) To the extent authorized by federal law, a state agency
27-9 may share business resources with a private service provider that
27-10 enters into a lease or sublease agreement with the agency under
27-11 this section.
27-12 SECTION 6.05. CO-LOCATION OF OFFICES OR FACILITIES. (a)
27-13 The office of the attorney general, in conjunction with the Texas
27-14 Department of Human Services, may develop and implement a plan to
27-15 co-locate offices or facilities located in the same geographic
27-16 region to enable child support enforcement officers to work with
27-17 department eligibility personnel for purposes of improving the
27-18 efficiency of the child support collection process in cases
27-19 involving children who receive financial assistance under Chapter
27-20 31, Human Resources Code.
27-21 (b) If the office of the attorney general and the Texas
27-22 Department of Human Services develop a plan under this section, the
27-23 attorney general shall send a copy of the plan to the governor, the
27-24 lieutenant governor, and the speaker of the house of
27-25 representatives not later than the 60th day after the date the plan
27-26 is completed.
28-1 ARTICLE 7. WAIVERS; EFFECTIVE DATE; EMERGENCY
28-2 SECTION 7.01. WAIVERS. If before implementing any provision
28-3 of this Act a state agency determines that a waiver or
28-4 authorization from a federal agency is necessary for
28-5 implementation, the state agency shall request the waiver or
28-6 authorization and may delay implementing that provision until the
28-7 waiver or authorization is granted.
28-8 SECTION 7.02. EFFECTIVE DATE. This Act takes effect
28-9 September 1, 1999.
28-10 SECTION 7.03. EMERGENCY. The importance of this legislation
28-11 and the crowded condition of the calendars in both houses create an
28-12 emergency and an imperative public necessity that the
28-13 constitutional rule requiring bills to be read on three several
28-14 days in each house be suspended, and this rule is hereby suspended.