1-1     By:  Zaffirini, Carona                                  S.B. No. 13
 1-2           (In the Senate - Filed November 9, 1998; January 26, 1999,
 1-3     read first time and referred to Committee on Human Services;
 1-4     April 19, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 5, Nays 0; April 19, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 13                 By:  Zaffirini
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the consideration of income earned by certain
1-11     recipients of Temporary Assistance for Needy Families benefits for
1-12     eligibility determination purposes.
1-13           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14           SECTION 1.  Subchapter A, Chapter 31, Human Resources Code,
1-15     is amended by adding Section 31.0038 to read as follows:
1-16           Sec. 31.0038.  EARNED INCOME DISREGARDS FOR EMPLOYMENT.
1-17     (a)  The purpose of the earned income disregards benefit is to
1-18     assist a recipient of financial assistance in making a successful
1-19     transition from the receipt of financial assistance to employment
1-20     and self-sufficiency.
1-21           (b)  In this section, "former recipient of the earned income
1-22     disregards benefit" means a recipient of financial assistance whose
1-23     earned income has previously been disregarded by the department
1-24     under this section.
1-25           (c)  If a recipient of financial assistance becomes employed
1-26     while receiving the assistance, the department may not consider any
1-27     earned income in excess of $120 received by the recipient up to the
1-28     first six months in which income from employment is received for
1-29     purposes of determining:
1-30                 (1)  the amount of financial assistance granted to an
1-31     individual for the support of dependent children; or
1-32                 (2)  whether the family meets household income and
1-33     resource requirements for financial assistance.
1-34           (d)  The department may not disregard under Subsection (c)
1-35     the earned income of a recipient who left a position of employment
1-36     voluntarily without good cause while receiving financial assistance
1-37     or during a specified period, to be determined by department rule,
1-38     that immediately precedes the date on which the recipient obtained
1-39     new employment.
1-40           (e)  The department may not disregard under Subsection (c)
1-41     the earned income of a former recipient of the earned income
1-42     disregards benefit until the first anniversary of the day after the
1-43     last date on which the former recipient's earned income was
1-44     disregarded under that subsection.
1-45           (f)  During the period the earned income of a recipient is
1-46     disregarded by the department under Subsection (c), the department
1-47     may not exempt the recipient from participating in a work or
1-48     employment activity under Section 31.012.
1-49           (g)  In adopting rules under this section, the department
1-50     shall:
1-51                 (1)  ensure that this section applies only to
1-52     recipients who have income in an amount that does not exceed the
1-53     maximum gross income limit set by the department under Section
1-54     31.003; and
1-55                 (2)  promote the purpose described by Subsection (a).
1-56           SECTION 2.  Section 31.043, Human Resources Code, as added by
1-57     Chapter 878, Acts of the 75th Legislature, Regular Session, 1997,
1-58     is repealed.
1-59           SECTION 3.  If before implementing any provision of this Act
1-60     a state agency determines that a waiver or other authorization from
1-61     a federal agency is necessary for implementation, the Texas
1-62     Department of Human Services shall request the waiver or
1-63     authorization and may delay implementing that provision until the
1-64     waiver or authorization is granted.
 2-1           SECTION 4.  The change in law made by Section 31.0038, Human
 2-2     Resources Code, as added by this Act, applies only to a person who
 2-3     receives financial assistance under Chapter 31, Human Resources
 2-4     Code, on or after the effective date of this Act, regardless of the
 2-5     date on which eligibility for the financial assistance was
 2-6     determined.
 2-7           SECTION 5.  This Act takes effect September 1, 1999.
 2-8           SECTION 6.  The importance of this legislation and the
 2-9     crowded condition of the calendars in both houses create an
2-10     emergency and an imperative public necessity that the
2-11     constitutional rule requiring bills to be read on three several
2-12     days in each house be suspended, and this rule is hereby suspended.
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