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. 2-13 * * * * *