By Naishtat H.B. No. 3639
76R8286 KKA/CLG-D
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. TWO-STEP SANCTION PROCESS. Subchapter A,
1-9 Chapter 31, Human Resources Code, is amended by adding Section
1-10 31.00331 to read as follows:
1-11 Sec. 31.00331. NEEDS ASSESSMENT FOR NONCOMPLIANCE WITH
1-12 CERTAIN REQUIREMENTS. (a) The department shall conduct an
1-13 assessment regarding the particular needs of a person whom the
1-14 department determines has not complied with a requirement of the
1-15 responsibility agreement under Section 31.0031 if:
1-16 (1) the department applies a sanction or penalty
1-17 against the person because of noncompliance with a requirement
1-18 under Section 31.0031(d)(1) or (3); and
1-19 (2) the person who is sanctioned or penalized has not
1-20 been previously sanctioned or penalized for noncompliance with the
1-21 requirement for which the person is sanctioned or penalized.
1-22 (b) The assessment under Subsection (a) must:
1-23 (1) identify factors that contributed to the person's
1-24 inability to comply with the requirement for which the person is
2-1 sanctioned or penalized; and
2-2 (2) determine the support services that will enable
2-3 the person to comply with that requirement.
2-4 (c) Based on the assessment under this section, the
2-5 department shall refer the person and the person's family to
2-6 appropriate preventive and support services provided by the
2-7 department or any other public or private entity.
2-8 (d) Notwithstanding Section 31.0032, the department may not
2-9 apply a subsequent sanction or penalty against a person for
2-10 noncompliance with a requirement under Section 31.0031(d)(1) or (3)
2-11 until the person and the person's family receive the preventive and
2-12 support services to which the person and the person's family were
2-13 referred under Subsection (c).
2-14 SECTION 1.02. INELIGIBILITY RESULTING FROM CERTAIN
2-15 DRUG-RELATED CONVICTIONS. (a) Subchapter A, Chapter 31, Human
2-16 Resources Code, is amended by adding Section 31.0039 to read as
2-17 follows:
2-18 Sec. 31.0039. INELIGIBILITY RESULTING FROM DRUG-RELATED
2-19 FELONY CONVICTIONS. (a) Except as provided by Subsection (c), a
2-20 person who is convicted, for conduct occurring after September 1,
2-21 1999, of an offense under federal law or the law of this state or
2-22 any other state that at the time of the conviction is classified as
2-23 a felony by the jurisdiction involved and has as an element the
2-24 possession, use, or distribution of a controlled substance, as
2-25 defined in 21 U.S.C. Section 802 and its subsequent amendments, is
2-26 ineligible for financial assistance until the third anniversary of
2-27 the date of the conviction.
3-1 (b) The department shall require an applicant for financial
3-2 assistance to indicate in writing whether the applicant or any
3-3 member of the applicant's household has been convicted of an
3-4 offense described by Subsection (a).
3-5 (c) A person convicted of an offense described by Subsection
3-6 (a) is not ineligible under that subsection for financial
3-7 assistance if the person is participating in a drug rehabilitation
3-8 program and is not using drugs. The department may require a
3-9 person to submit to drug testing to verify that the person is not
3-10 using drugs.
3-11 (d) A person convicted of an offense described by Subsection
3-12 (a) may receive financial assistance after the third anniversary of
3-13 the conviction only if the person submits to drug testing and
3-14 demonstrates that the person is not using drugs.
3-15 (e) The department shall adopt rules as necessary to
3-16 implement this section.
3-17 (f) This section does not affect:
3-18 (1) the eligibility for financial assistance of any
3-19 other member of the household of a person ineligible as a result of
3-20 a conviction of an offense described by Subsection (a); or
3-21 (2) the eligibility of a person convicted of an
3-22 offense described by Subsection (a) for a federal benefit specified
3-23 in 21 U.S.C. Section 862a(f) and its subsequent amendments.
3-24 (b) Section 31.0039, Human Resources Code, as added by this
3-25 section, applies only to a person who receives financial assistance
3-26 under Chapter 31, Human Resources Code, on or after the effective
3-27 date of this section, regardless of the date on which eligibility
4-1 for the financial assistance was determined.
4-2 SECTION 1.03. STUDY OF EFFECTIVENESS OF SANCTIONS AND
4-3 PENALTIES. The Texas Department of Human Services, in cooperation
4-4 with the Texas Workforce Commission, shall conduct a study to
4-5 determine whether penalties and sanctions under Section 31.0032,
4-6 Human Resources Code, that are applied to the entire family of a
4-7 recipient of financial assistance under that chapter increase the
4-8 likelihood that the recipient will comply with the requirements of
4-9 the responsibility agreement under Section 31.0031, Human Resources
4-10 Code.
4-11 ARTICLE 2. WELFARE FRAUD
4-12 SECTION 2.01. SUBPOENA AUTHORITY. Chapter 22, Human
4-13 Resources Code, is amended by adding Section 22.0271 to read as
4-14 follows:
4-15 Sec. 22.0271. SUBPOENA AUTHORITY: FRAUD INVESTIGATIONS.
4-16 (a) The department may issue a subpoena throughout this state to
4-17 compel the attendance and testimony of a witness or the production
4-18 of documents or other evidence relating to an investigation by the
4-19 department of a potentially fraudulent claim for benefits or other
4-20 payment under the food stamp program or the financial assistance
4-21 program. The subpoena may compel attendance or production at the
4-22 department's offices in Austin or at another place designated in
4-23 the subpoena.
4-24 (b) The department by rule may authorize the commissioner or
4-25 another department employee or representative to issue a subpoena
4-26 authorized by this section on behalf of the department.
4-27 (c) On a person's failure to comply with a subpoena issued
5-1 under this section, the department shall apply for an order
5-2 directing compliance to the district court of the county in which
5-3 the person is found, resides, or transacts business.
5-4 (d) A subpoena issued under this section to a financial
5-5 institution is not subject to Section 30.007, Civil Practice and
5-6 Remedies Code.
5-7 SECTION 2.02. SANCTIONS FOR WELFARE FRAUD. Subchapter A,
5-8 Chapter 31, Human Resources Code, is amended by adding Section
5-9 31.017 to read as follows:
5-10 Sec. 31.017. FRAUD. (a) For purposes of establishing or
5-11 maintaining the eligibility of the person and the person's family
5-12 for financial assistance or for purposes of increasing or
5-13 preventing a reduction in the amount of the assistance, a person
5-14 may not intentionally:
5-15 (1) make a statement that the person knows is false or
5-16 misleading;
5-17 (2) misrepresent, conceal, or withhold a fact; or
5-18 (3) represent a statement to be true if the person
5-19 knows the statement is false.
5-20 (b) If after an investigation the department determines that
5-21 a person has violated this section, the department shall:
5-22 (1) notify the person of the alleged violation not
5-23 later than the 30th day after the date the investigation is
5-24 completed and conduct a hearing; or
5-25 (2) refer the matter to the appropriate district
5-26 attorney for prosecution.
5-27 (c) If a hearing officer at an administrative hearing held
6-1 under this section determines that a person has violated this
6-2 section, the department shall:
6-3 (1) after the first violation, terminate the total
6-4 amount of financial assistance provided to or for that person until
6-5 the first anniversary of the date the assistance was terminated;
6-6 (2) after the second violation, terminate the total
6-7 amount of financial assistance provided to or for that person until
6-8 the second anniversary of the date the assistance was terminated;
6-9 and
6-10 (3) after the third violation, permanently disqualify
6-11 the person from receiving financial assistance.
6-12 (d) A person whom a hearing officer determines to be in
6-13 violation of this section may appeal the determination by filing a
6-14 petition in the district court in the county in which the violation
6-15 occurred not later than the 30th day after the date of the
6-16 decision.
6-17 (e) If a person is convicted of an offense under the Penal
6-18 Code for conduct described by this section, a person is permanently
6-19 disqualified from receiving financial assistance.
6-20 (f) A person who violates this section is not eligible to
6-21 receive medical assistance, child care, or any other social or
6-22 support services during the applicable period specified by
6-23 Subsection (c) or any time after being permanently disqualified
6-24 from receiving financial assistance.
6-25 ARTICLE 3. EMPLOYMENT
6-26 SECTION 3.01. CHILD-CARE SERVICES. Subchapter A, Chapter
6-27 31, Human Resources Code, is amended by adding Section 31.00351 to
7-1 read as follows:
7-2 Sec. 31.00351. TEMPORARY CHILD-CARE SERVICES TO PROMOTE
7-3 EMPLOYMENT. The department by rule shall develop a program to
7-4 provide temporary child-care services that will enable an applicant
7-5 to gain or retain employment that the applicant has located without
7-6 assistance from the department.
7-7 SECTION 3.02. EARNED INCOME DISREGARDS. (a) Subchapter A,
7-8 Chapter 31, Human Resources Code, is amended by adding Section
7-9 31.0038 to read as follows:
7-10 Sec. 31.0038. EARNED INCOME DISREGARDS FOR EMPLOYMENT. (a)
7-11 If an adult recipient of financial assistance becomes employed
7-12 while receiving the assistance, the department may not consider a
7-13 significant portion of any earned income received by the recipient
7-14 during the first six months of employment for purposes of
7-15 determining:
7-16 (1) the amount of financial assistance granted to an
7-17 individual for the support of dependent children; or
7-18 (2) whether the family meets household income and
7-19 resource requirements for financial assistance.
7-20 (b) In adopting rules under this section, the department
7-21 shall:
7-22 (1) prescribe the portion of a recipient's income that
7-23 the department may not consider;
7-24 (2) ensure that this section applies only to
7-25 recipients who have income in an amount that does not exceed the
7-26 maximum gross income limit set by the department under Section
7-27 31.003; and
8-1 (3) consider in determining the amount to be
8-2 disregarded under Subsection (a) the total amount the department
8-3 estimates to be available to provide financial assistance to
8-4 eligible recipients.
8-5 (b) Section 31.043(a), Human Resources Code, as added by
8-6 Chapter 878, Acts of the 75th Legislature, Regular Session, 1997,
8-7 is amended to read as follows:
8-8 (a) To extend the period of supported employment for
8-9 families who receive financial assistance under this chapter and
8-10 except as provided by Section 31.0038, the department may use a
8-11 form of fill-the-gap budgeting or another method under which the
8-12 department disregards earnings of family members who obtain
8-13 employment while receiving the assistance.
8-14 (c) The change in law made by Section 31.0038, Human
8-15 Resources Code, as added by this section, applies only to a person
8-16 who receives financial assistance under Chapter 31, Human Resources
8-17 Code, on or after the effective date of this section, regardless of
8-18 the date on which eligibility for the financial assistance was
8-19 determined.
8-20 SECTION 3.03. POST-EMPLOYMENT ASSESSMENT. Subchapter A,
8-21 Chapter 31, Human Resources Code, is amended by adding Section
8-22 31.0096 to read as follows:
8-23 Sec. 31.0096. POST-EMPLOYMENT ASSESSMENT AND SERVICES. The
8-24 department and the Texas Workforce Commission shall jointly develop
8-25 a program under which a recipient of financial assistance who
8-26 obtains employment is:
8-27 (1) assessed after beginning employment to determine
9-1 the recipient's need for continuing education, training, and other
9-2 services to promote employment retention and advancement to more
9-3 highly skilled and compensated employment; and
9-4 (2) provided appropriate services to the extent the
9-5 services are available.
9-6 SECTION 3.04. WORK REQUIREMENT EXEMPTIONS. (a) Section
9-7 31.012, Human Resources Code, is amended by amending Subsection (c)
9-8 and adding Subsection (f) to read as follows:
9-9 (c) [A person who is the caretaker of a physically or
9-10 mentally disabled child who requires the caretaker's presence is
9-11 not required to participate in a program under this section.]
9-12 Effective September 1, 1999, a single custodial parent [1995, a
9-13 person] is not required to participate in a program under this
9-14 section until the parent's [person's] youngest child at the time
9-15 the parent [person] first became eligible for assistance reaches
9-16 the age of three [five]. Effective September 1, 2000 [1997], a
9-17 single custodial parent [a person] is exempt until the parent's
9-18 [person's] youngest child at the time the parent [person] first
9-19 became eligible for assistance reaches the age of two [four].
9-20 Effective September 1, 2001, a single custodial parent is exempt
9-21 until the parent's youngest child at the time the parent first
9-22 became eligible for assistance reaches the age of one.
9-23 Notwithstanding Sections 31.0035(b) and 32.0255(b), the department
9-24 shall provide to a parent [person] who is exempt under this
9-25 subsection and who voluntarily participates in a program under
9-26 Subsection (a)(2) six months of transitional benefits in addition
9-27 to the applicable limit prescribed by Section 31.0065.
10-1 (f) In this section, "custodial parent" means the parent of
10-2 a child with whom the child primarily resides, including a parent
10-3 who has been appointed under a court order as sole managing
10-4 conservator or joint managing conservator of the child.
10-5 (b) If, before implementing any provision of Section
10-6 31.012(c), Human Resources Code, as amended by this section, a
10-7 state agency determines that a waiver or authorization from a
10-8 federal agency is necessary for implementation, the agency shall
10-9 request the waiver or authorization and may delay implementing that
10-10 provision until the waiver or authorization is granted.
10-11 (c) If a waiver or authorization requested under Subsection
10-12 (b) of this section is denied, the Texas Department of Human
10-13 Services shall develop and implement a plan relating to authorizing
10-14 exemptions from participation in work or employment activity
10-15 requirements for certain recipients of Temporary Assistance for
10-16 Needy Families benefits in a manner that complies with federal law
10-17 and regulations.
10-18 (d) This section applies only to a person who receives
10-19 financial assistance under Chapter 31, Human Resources Code, on or
10-20 after the effective date of this section, regardless of the date on
10-21 which eligibility for that assistance was determined.
10-22 SECTION 3.05. CHILD-CARE STUDY FOR PERSONS LOSING WORK
10-23 REQUIREMENT EXEMPTIONS. (a) The Texas Workforce Commission shall
10-24 conduct a study to consider issues relating to the provision of
10-25 child-care services to recipients of financial assistance under
10-26 Chapter 31, Human Resources Code, who:
10-27 (1) are eligible for an exemption from participation
11-1 in work or employment activity requirements under the waiver or
11-2 authorization granted by the federal government to implement
11-3 Chapter 655, Acts of the 74th Legislature, Regular Session, 1995
11-4 (H.B. No. 1863); and
11-5 (2) would not be eligible for the exemption under
11-6 federal law and regulations.
11-7 (b) Not later than January 1, 2001, the commission shall
11-8 report the results of the study to the governor, lieutenant
11-9 governor, and speaker of the house of representatives. The report
11-10 must include an analysis of the cost and accessibility of
11-11 child-care services available to the recipients described by
11-12 Subsection (a) of this section.
11-13 (c) The commission shall distribute a copy of the report to
11-14 each local workforce development board in this state.
11-15 SECTION 3.06. SELF-SUFFICIENCY FUND. Subtitle B, Title 4,
11-16 Labor Code, is amended by adding Chapter 309 to read as follows:
11-17 CHAPTER 309. SELF-SUFFICIENCY FUND.
11-18 Sec. 309.001. DEFINITIONS. In this chapter:
11-19 (1) "Community-based organization" means a private
11-20 nonprofit organization that is representative of a community or a
11-21 significant segment of a community and that provides education,
11-22 vocational education or rehabilitation, job training, or internship
11-23 services or programs. The term includes a neighborhood group or
11-24 organization, community action agency, community development
11-25 corporation, union-related organization, employer-related
11-26 organization, faith-based organization, tribal government, or
11-27 organization serving Native Americans.
12-1 (2) "Fund" means the self-sufficiency fund created
12-2 under Section 309.002.
12-3 Sec. 309.002. SELF-SUFFICIENCY FUND. (a) Subject to the
12-4 availability of funds, the self-sufficiency fund is created as an
12-5 account in the general revenue fund for use by public community
12-6 and technical colleges, community-based organizations, and state
12-7 extension agencies to develop for certain recipients of financial
12-8 assistance under Chapter 31, Human Resources Code, customized
12-9 job-training programs in which the recipients will be provided job
12-10 training by:
12-11 (1) an entity that develops a job-training program
12-12 under this section;
12-13 (2) a small or medium-sized business or trade union;
12-14 or
12-15 (3) an informal partnership between an entity that
12-16 develops a job-training program under this section and a small or
12-17 medium-sized business network or consortium.
12-18 (b) Money from the fund may also be used for support
12-19 services as necessary for participants to prepare for and
12-20 participate in training activities and to make the transition from
12-21 training activities to employment.
12-22 (c) The commission shall administer the fund. The executive
12-23 director, or a person appointed by the executive director who is
12-24 knowledgeable in the administration of grants, is responsible for
12-25 the distribution of money from the fund.
12-26 (d) To the greatest extent practicable, money from the fund
12-27 shall be spent in all areas of the state.
13-1 Sec. 309.003. JOB-TRAINING PROGRAMS. (a) A job-training
13-2 program financed by the fund:
13-3 (1) must be specifically designed to:
13-4 (A) ensure that participants meet applicable
13-5 state and federal work requirements;
13-6 (B) enable participants to find and apply for
13-7 existing jobs; and
13-8 (C) include the involvement of employers who
13-9 provide assistance in setting curricula and standards for
13-10 job-training programs developed with money from the fund and are
13-11 committed to hiring graduates of the programs; and
13-12 (2) is considered a work or employment activity for
13-13 purposes of Section 31.012, Human Resources Code.
13-14 (b) An entity that receives money from the fund for a
13-15 job-training program shall work in conjunction with employers to
13-16 place graduates of the program in positions of employment in which
13-17 the graduates will be earning wages sufficient to enable the
13-18 graduates to become independent of financial assistance under
13-19 Chapter 31, Human Resources Code, and if applicable, assistance
13-20 provided under the food stamp program administered by the Texas
13-21 Department of Human Services under Chapter 33, Human Resources
13-22 Code.
13-23 Sec. 309.004. RULEMAKING AUTHORITY. The commission shall
13-24 adopt rules to implement this chapter, including rules to determine
13-25 which recipients of financial assistance under Chapter 31, Human
13-26 Resources Code, are eligible to participate in job-training
13-27 programs developed with money from the fund.
14-1 ARTICLE 4. SUPPORT SERVICES
14-2 SECTION 4.01. PERSONAL NEEDS ASSESSMENT. (a) The section
14-3 heading to Section 31.0095, Human Resources Code, is amended to
14-4 read as follows:
14-5 Sec. 31.0095. EMPLOYABILITY NEEDS ASSESSMENT.
14-6 (b) The section heading to Section 31.010, Human Resources
14-7 Code, is amended to read as follows:
14-8 Sec. 31.010. SUPPORT SERVICES RELATED TO EMPLOYABILITY OF A
14-9 RECIPIENT.
14-10 (c) Subchapter A, Chapter 31, Human Resources Code, is
14-11 amended by adding Section 31.011 to read as follows:
14-12 Sec. 31.011. PERSONAL AND FAMILIAL NEEDS ASSESSMENT AND
14-13 SUPPORT SERVICES. (a) The department shall assist a recipient of
14-14 financial assistance in assessing the skills of the recipient and
14-15 the needs, other than employability needs assessed under Section
14-16 31.0095, of the recipient and the recipient's family that, if
14-17 addressed, would help the recipient and the recipient's family to
14-18 attain and retain the capability of independence and self-care.
14-19 (b) Based on the needs assessment under this section, the
14-20 department shall refer the recipient and the recipient's family to
14-21 appropriate preventive and support services provided by the
14-22 department or any other public or private entity. Preventive and
14-23 support services to which the department may refer a recipient and
14-24 a recipient's family under this section include:
14-25 (1) substance abuse treatment programs;
14-26 (2) domestic violence services;
14-27 (3) child abuse awareness and prevention services;
15-1 (4) health care and nutrition programs;
15-2 (5) parenting skills training;
15-3 (6) life skills training;
15-4 (7) criminal and juvenile justice intervention
15-5 programs;
15-6 (8) at-risk children and youth programs; and
15-7 (9) child support enforcement services.
15-8 SECTION 4.02. HOUSING ASSISTANCE. Subchapter A, Chapter 31,
15-9 Human Resources Code, is amended by adding Section 31.015 to read
15-10 as follows:
15-11 Sec. 31.015. HOUSING ASSISTANCE. (a) The department shall
15-12 establish a housing assistance program under which certain
15-13 recipients of financial assistance may receive additional money for
15-14 housing costs.
15-15 (b) The department by rule shall determine the requirements
15-16 for eligibility for assistance under this section. The department
15-17 may limit eligibility to categories of recipients specified by the
15-18 department. The rules must:
15-19 (1) provide that a recipient who is receiving federal
15-20 housing assistance may not receive assistance under this section;
15-21 and
15-22 (2) require a recipient to demonstrate a need for
15-23 assistance with housing costs.
15-24 (c) The department shall determine the amount of assistance
15-25 provided under this section, based on the amount of funds
15-26 appropriated for that purpose. The department may not provide
15-27 assistance under this section for more than one year.
16-1 (d) The department may also provide housing assistance under
16-2 this section as a transitional benefit to a former recipient of
16-3 financial assistance. Assistance provided under this subsection is
16-4 subject to the requirements imposed by Subsections (b) and (c).
16-5 SECTION 4.03. LOCAL TRANSPORTATION SERVICES. Subchapter A,
16-6 Chapter 31, Human Resources Code, is amended by adding Section
16-7 31.016 to read as follows:
16-8 Sec. 31.016. GRANTS FOR TRANSPORTATION SERVICES. (a) The
16-9 Texas Workforce Commission shall establish and administer a
16-10 competitive grant program under which local governmental entities
16-11 and nonprofit organizations may receive money for innovative local
16-12 transportation programs that enable recipients of financial
16-13 assistance to attain and retain employment.
16-14 (b) The commission shall adopt rules necessary to implement
16-15 this section. The rules must provide for:
16-16 (1) eligibility criteria;
16-17 (2) application procedures; and
16-18 (3) requirements designed to ensure that grants
16-19 benefit recipients of financial assistance.
16-20 (c) The commission shall fund grants made under this section
16-21 in a manner that permits the money provided to a grant recipient to
16-22 qualify as local matching funds for appropriate federal
16-23 transportation programs.
16-24 ARTICLE 5. CHILD SUPPORT
16-25 SECTION 5.01. INCENTIVE PROGRAM. Section 31.0315, Human
16-26 Resources Code, is amended by adding Subsection (g) to read as
16-27 follows:
17-1 (g) The department, in cooperation with the Title IV-D
17-2 agency, shall by rule develop an incentive program designed to
17-3 encourage an applicant or an applicant's relatives to cooperate
17-4 with the requirements of this section. The program may include
17-5 incentives in the form of:
17-6 (1) a one-time financial bonus in addition to the
17-7 amount of financial assistance granted to the applicant under
17-8 Section 31.003; or
17-9 (2) an increase in the amount of financial assistance
17-10 granted to the applicant under Section 31.003.
17-11 SECTION 5.02. OBLIGOR EMPLOYMENT ASSISTANCE. (a) Section
17-12 231.115, Family Code, as added by Chapter 165, Acts of the 75th
17-13 Legislature, Regular Session, 1997, is amended to read as follows:
17-14 Sec. 231.115. UNEMPLOYED AND UNDEREMPLOYED OBLIGORS
17-15 [NONCUSTODIAL PARENTS]. (a) The Title IV-D agency shall refer to
17-16 appropriate state and local entities that provide employment
17-17 services [assist unemployed noncustodial parents in gaining
17-18 employment] any unemployed or underemployed obligor [noncustodial
17-19 parent] who is in arrears in court-ordered child support payments
17-20 [to a child who:]
17-21 [(1) receives financial assistance under Chapter 31,
17-22 Human Resources Code; or]
17-23 [(2) is otherwise eligible to receive financial
17-24 assistance under Chapter 31, Human Resources Code, and for whom the
17-25 Department of Protective and Regulatory Services is providing
17-26 substitute care].
17-27 (b) A referral under Subsection (a) may include:
18-1 (1) skills training and job placement through:
18-2 (A) the Texas Workforce Commission; or
18-3 (B) the agency responsible for the food stamp
18-4 employment and training program (7 U.S.C. Section 2015(d));
18-5 (2) referrals to education and literacy classes; and
18-6 (3) counseling regarding:
18-7 (A) substance abuse;
18-8 (B) parenting skills;
18-9 (C) life skills; and
18-10 (D) mediation techniques.
18-11 (c) The Title IV-D agency may require an unemployed or
18-12 underemployed obligor [noncustodial parent] to complete the
18-13 training, classes, or counseling the obligor [parent] is referred
18-14 to under this section. The agency shall suspend under Chapter 232
18-15 the license of an obligor [a parent] who fails to comply with the
18-16 requirements of this subsection.
18-17 (b) Subchapter A, Chapter 302, Labor Code, is amended by
18-18 adding Section 302.0035 to read as follows:
18-19 Sec. 302.0035. EMPLOYMENT ASSISTANCE PROGRAM FOR CERTAIN
18-20 PARENTS. The division shall provide employment assistance
18-21 services, including skills training, job placement, and
18-22 employment-related services, to a person referred by the Title IV-D
18-23 agency under Chapter 231, Family Code.
18-24 SECTION 5.03. DISTRIBUTION OF CHILD SUPPORT PAYMENTS. (a)
18-25 Subchapter B, Chapter 231, Family Code, is amended by adding
18-26 Section 231.118 to read as follows:
18-27 Sec. 231.118. DISTRIBUTION OF CERTAIN CHILD SUPPORT
19-1 PAYMENTS. (a) When the Title IV-D agency receives a child support
19-2 payment on behalf of a child whose support rights have been
19-3 assigned to the agency under Section 231.104, the agency shall
19-4 distribute the amount collected in accordance with federal law.
19-5 (b) To the extent authorized by federal law, the agency
19-6 shall send each month to a person who is receiving financial
19-7 assistance under Chapter 31, Human Resources Code, on behalf of a
19-8 child described by Subsection (a) a payment in an amount equal to
19-9 the lesser of:
19-10 (1) $100; or
19-11 (2) the state's share of the total amount of child
19-12 support the agency received on the child's behalf during the month.
19-13 (c) In this section, "state share" has the meaning assigned
19-14 by 42 U.S.C. Section 657(c).
19-15 (b) Subchapter A, Chapter 31, Human Resources Code, is
19-16 amended by adding Section 31.0041 to read as follows:
19-17 Sec. 31.0041. CHILD SUPPORT DISTRIBUTION. The department
19-18 may not consider the amount received under Section 231.118, Family
19-19 Code, by a recipient of financial assistance for purposes of
19-20 determining:
19-21 (1) the amount of financial assistance granted to an
19-22 individual under this chapter for the support of dependent
19-23 children; or
19-24 (2) whether the family meets household income and
19-25 resource requirements for financial assistance under this chapter.
19-26 (c) The change in law made by Section 231.118(b), Family
19-27 Code, as added by this section, applies only to a person who
20-1 receives financial assistance under Chapter 31, Human Resources
20-2 Code, on or after the effective date of this section, regardless of
20-3 the date on which eligibility for that assistance was determined.
20-4 ARTICLE 6. LEGISLATIVE OVERSIGHT
20-5 SECTION 6.01. LEGISLATIVE OVERSIGHT. Chapter 31, Human
20-6 Resources Code, is amended by adding Subchapter E to read as
20-7 follows:
20-8 SUBCHAPTER E. LEGISLATIVE OVERSIGHT
20-9 Sec. 31.081. DEFINITION. In this subchapter, "committee"
20-10 means the welfare reform legislative oversight committee.
20-11 Sec. 31.082. COMPOSITION OF COMMITTEE; PRESIDING OFFICER.
20-12 (a) The committee is composed of:
20-13 (1) two members of the senate and one public member
20-14 appointed by the lieutenant governor; and
20-15 (2) two members of the house of representatives and
20-16 one public member appointed by the speaker of the house of
20-17 representatives.
20-18 (b) A member of the committee serves at the will of the
20-19 appointing official.
20-20 (c) The lieutenant governor and the speaker of the house of
20-21 representatives, on an alternating basis, shall designate the
20-22 presiding officer of the committee from the membership of the
20-23 committee. The presiding officer serves in that capacity for a
20-24 two-year period expiring February 1 of each odd-numbered year.
20-25 Sec. 31.083. COMMITTEE POWERS AND DUTIES. (a) The
20-26 committee shall:
20-27 (1) meet at the call of the presiding officer;
21-1 (2) oversee the implementation of legislation relating
21-2 to welfare reform enacted by the 76th Legislature and future
21-3 legislatures;
21-4 (3) study the effect of federal and state welfare
21-5 reform changes on child care for recipients of financial
21-6 assistance;
21-7 (4) monitor the welfare reform waiver submitted by the
21-8 state under the Personal Responsibility and Work Opportunity
21-9 Reconciliation Act of 1996 and the waiver transition for compliance
21-10 with federal law;
21-11 (5) monitor the employment trends for former
21-12 recipients of financial assistance;
21-13 (6) study the effectiveness of incentives,
21-14 transitional benefits, and support services on the prevention of
21-15 recidivism by recipients of financial assistance;
21-16 (7) study the effectiveness of sanctions and penalties
21-17 imposed against recipients of financial assistance in achieving
21-18 state goals relating to public assistance;
21-19 (8) study the hiring practices of the public and
21-20 private sectors regarding recipients of financial assistance;
21-21 (9) study the effectiveness of job training and
21-22 education programs conducted by local workforce development boards
21-23 for recipients of financial assistance;
21-24 (10) study the effectiveness of the management
21-25 information systems of the department regarding eligibility
21-26 determination and of the Texas Workforce Commission regarding the
21-27 provision of recipient work participation information; and
22-1 (11) study the dissemination to local workforce
22-2 development boards of information regarding eligibility
22-3 determination from the department and regarding recipient work
22-4 participation from the Texas Workforce Commission.
22-5 (b) The committee may request reports and other information
22-6 from the department, the Texas Workforce Commission, and other
22-7 state agencies as necessary to carry out its duties under this
22-8 section.
22-9 (c) The committee shall use the existing staff resources of
22-10 the senate and the house of representatives to assist the committee
22-11 in performing its duties under this section.
22-12 Sec. 31.084. REPORT. Not later than November 15 of each
22-13 even-numbered year, the committee shall report to the governor,
22-14 lieutenant governor, and speaker of the house of representatives on
22-15 the results of the committee's activities under Section 31.083.
22-16 The report must include recommendations for legislative action.
22-17 ARTICLE 7. MISCELLANEOUS PROVISIONS
22-18 SECTION 7.01. DETERMINATION OF AMOUNT OF FINANCIAL
22-19 ASSISTANCE. Section 31.003(a), Human Resources Code, is amended to
22-20 read as follows:
22-21 (a) The department shall adopt rules governing the
22-22 determination of the amount of financial assistance to be granted
22-23 for the support of a dependent child. The amount of financial
22-24 assistance granted under this section must be based on federal
22-25 poverty guidelines. The amount granted, when combined with the
22-26 income and other resources available for the child's support, must
22-27 be sufficient to provide the child with a subsistence compatible
23-1 with decency and health.
23-2 SECTION 7.02. ENTITLEMENT TO FINANCIAL ASSISTANCE FROM DATE
23-3 OF APPLICATION. Section 31.032(b), Human Resources Code, is
23-4 amended to read as follows:
23-5 (b) After completing its investigation, the department shall
23-6 determine whether the applicant is eligible for the assistance, the
23-7 type and amount of assistance, [the date on which the assistance
23-8 shall begin,] and the manner in which payments shall be made. An
23-9 applicant determined to be eligible for assistance is entitled to
23-10 assistance beginning on the date on which the applicant applied for
23-11 assistance.
23-12 SECTION 7.03. INCOME AND RESOURCE REQUIREMENTS APPLICABLE TO
23-13 MEDICAL ASSISTANCE PROGRAM. Subchapter B, Chapter 32, Human
23-14 Resources Code, is amended by adding Section 32.0242 to read as
23-15 follows:
23-16 Sec. 32.0242. INCOME AND RESOURCE REQUIREMENTS FOR CERTAIN
23-17 RECIPIENTS. To the extent authorized by federal law, the
23-18 department shall determine whether a family meets household income
23-19 and resource requirements for medical assistance under 42 U.S.C.
23-20 Section 1396u-1 in the same manner as the department makes
23-21 household income and resource requirement determinations for
23-22 financial assistance under Chapter 31. If the method of
23-23 determining household income and resource requirements under
23-24 Chapter 31 changes, the change also applies to those requirements
23-25 for purposes of determining whether a family is eligible for
23-26 medical assistance described by this section.
23-27 SECTION 7.04. AUTOMATIC REVIEW OF CHILDREN'S ELIGIBILITY FOR
24-1 MEDICAL ASSISTANCE. Subchapter B, Chapter 32, Human Resources
24-2 Code, is amended by adding Section 32.0251 to read as follows:
24-3 Sec. 32.0251. ELIGIBILITY REVIEW FOR CERTAIN CHILDREN. (a)
24-4 The department shall establish and implement procedures under which
24-5 the department automatically reviews a child's eligibility for
24-6 medical assistance if:
24-7 (1) the child originally establishes eligibility for
24-8 medical assistance on the basis of receipt of financial assistance
24-9 under Chapter 31, as provided by Section 32.025(a); and
24-10 (2) that receipt of financial assistance under Chapter
24-11 31 ceases.
24-12 (b) The department shall ensure that the child continues to
24-13 receive medical assistance without a gap in eligibility if the
24-14 review required by this section indicates that the child is
24-15 eligible for medical assistance on another basis.
24-16 SECTION 7.05. LEASE AND SUBLEASE OF OFFICE SPACE.
24-17 Subchapter B, Chapter 531, Government Code, is amended by adding
24-18 Section 531.051 to read as follows:
24-19 Sec. 531.051. LEASES AND SUBLEASES OF CERTAIN OFFICE SPACE.
24-20 (a) A health and human services agency, with the approval of the
24-21 commission, or the Texas Workforce Commission or any other state
24-22 agency that administers employment services programs, may lease or
24-23 sublease office space to or from a private service provider that
24-24 contracts with the agency to enable agency eligibility and
24-25 enrollment personnel to work with the provider if:
24-26 (1) client access would be enhanced; and
24-27 (2) the co-location of offices would improve the
25-1 efficiency of the administration and delivery of services.
25-2 (b) Subchapters D and E, Chapter 2165, do not apply to a
25-3 state agency that leases or subleases office space to a private
25-4 service provider under this section.
25-5 (c) Subchapter B, Chapter 2167, does not apply to a state
25-6 agency that leases or subleases office space from a private service
25-7 provider under this section.
25-8 (d) A state agency is delegated the authority to enter into
25-9 a lease or sublease under this section and may negotiate the terms
25-10 of the lease or sublease.
25-11 (e) To the extent authorized by federal law, a state agency
25-12 may share business resources with a private service provider that
25-13 enters into a lease or sublease agreement with the agency under
25-14 this section.
25-15 SECTION 7.06. COLOCATION OF OFFICES OR FACILITIES. (a) The
25-16 office of the attorney general, in conjunction with the Texas
25-17 Department of Human Services, may develop and implement a plan to
25-18 colocate offices or facilities located in the same geographic
25-19 region to enable child support enforcement officers to work with
25-20 department eligibility personnel for purposes of improving the
25-21 efficiency of the child support collection process in cases
25-22 involving children who receive financial assistance under Chapter
25-23 31, Human Resources Code.
25-24 (b) If the office of the attorney general and the Texas
25-25 Department of Human Services develop a plan under this section, the
25-26 attorney general shall send a copy of the plan to the governor, the
25-27 lieutenant governor, and the speaker of the house of
26-1 representatives not later than the 60th day after the date the plan
26-2 is completed.
26-3 ARTICLE 8. WAIVERS; EFFECTIVE DATE; EMERGENCY
26-4 SECTION 8.01. WAIVERS. If before implementing any provision
26-5 of this Act a state agency determines that a waiver or
26-6 authorization from a federal agency is necessary for
26-7 implementation, the state agency shall request the waiver or
26-8 authorization and may delay implementing that provision until the
26-9 waiver or authorization is granted.
26-10 SECTION 8.02. EFFECTIVE DATE. This Act takes effect
26-11 September 1, 1999.
26-12 SECTION 8.03. EMERGENCY. The importance of this legislation
26-13 and the crowded condition of the calendars in both houses create an
26-14 emergency and an imperative public necessity that the
26-15 constitutional rule requiring bills to be read on three several
26-16 days in each house be suspended, and this rule is hereby suspended.