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.