By: Zaffirini, Carona, Lucio S.B. No. 13 A BILL TO BE ENTITLED AN ACT 1-1 relating to the consideration of income earned by certain 1-2 recipients of Temporary Assistance for Needy Families benefits for 1-3 eligibility determination purposes. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter A, Chapter 31, Human Resources Code, 1-6 is amended by adding Section 31.0038 to read as follows: 1-7 Sec. 31.0038. EARNED INCOME DISREGARDS FOR EMPLOYMENT. 1-8 (a) The purpose of the earned income disregards benefit is to 1-9 assist a recipient of financial assistance in making a successful 1-10 transition from the receipt of financial assistance to employment 1-11 and self-sufficiency. 1-12 (b) In this section, "former recipient of the earned income 1-13 disregards benefit" means a recipient of financial assistance whose 1-14 earned income has previously been disregarded by the department 1-15 under this section. 1-16 (c) If a recipient of financial assistance becomes employed 1-17 while receiving the assistance, the department may not consider any 1-18 earned income in excess of $120 received by the recipient up to the 1-19 first six months in which income from employment is received for 1-20 purposes of determining: 1-21 (1) the amount of financial assistance granted to an 1-22 individual for the support of dependent children; or 1-23 (2) whether the family meets household income and 1-24 resource requirements for financial assistance. 2-1 (d) The department may not disregard under Subsection (c) 2-2 the earned income of a recipient who left a position of employment 2-3 voluntarily without good cause while receiving financial assistance 2-4 or during a specified period, to be determined by department rule, 2-5 that immediately precedes the date on which the recipient obtained 2-6 new employment. 2-7 (e) The department may not disregard under Subsection (c) 2-8 the earned income of a former recipient of the earned income 2-9 disregards benefit until the first anniversary of the day after the 2-10 last date on which the former recipient's earned income was 2-11 disregarded under that subsection. 2-12 (f) During the period the earned income of a recipient is 2-13 disregarded by the department under Subsection (c), the department 2-14 may not exempt the recipient from participating in a work or 2-15 employment activity under Section 31.012. 2-16 (g) In adopting rules under this section, the department 2-17 shall: 2-18 (1) ensure that this section applies only to 2-19 recipients who have income in an amount that does not exceed the 2-20 maximum gross income limit set by the department under Section 2-21 31.003; and 2-22 (2) promote the purpose described by Subsection (a). 2-23 SECTION 2. Section 31.043, Human Resources Code, as added by 2-24 Chapter 878, Acts of the 75th Legislature, Regular Session, 1997, 2-25 is repealed. 2-26 SECTION 3. If before implementing any provision of this Act 3-1 a state agency determines that a waiver or other authorization from 3-2 a federal agency is necessary for implementation, the Texas 3-3 Department of Human Services shall request the waiver or 3-4 authorization and may delay implementing that provision until the 3-5 waiver or authorization is granted. 3-6 SECTION 4. The change in law made by Section 31.0038, Human 3-7 Resources Code, as added by this Act, applies only to a person who 3-8 receives financial assistance under Chapter 31, Human Resources 3-9 Code, on or after the effective date of this Act, regardless of the 3-10 date on which eligibility for the financial assistance was 3-11 determined. 3-12 SECTION 5. Except as provided by Section 6 of this Act, this 3-13 Act takes effect September 1, 1999. 3-14 SECTION 6. This Act takes effect only if a specific 3-15 appropriation for the implementation of this Act is provided in 3-16 H.B. No. 1 (General Appropriations Act), Acts of the 76th 3-17 Legislature, Regular Session, 1999. If no specific appropriation 3-18 is provided in H.B. No. 1, the General Appropriations Act, this Act 3-19 has no effect. 3-20 SECTION 7. The importance of this legislation and the 3-21 crowded condition of the calendars in both houses create an 3-22 emergency and an imperative public necessity that the 3-23 constitutional rule requiring bills to be read on three several 3-24 days in each house be suspended, and this rule is hereby suspended.