By Carona S.B. No. 1159
76R9077 CLG-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to compliance with certain requirements of the
1-3 responsibility agreement by recipients of Temporary Assistance for
1-4 Needy Families benefits.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 31.0031(c), Human Resources Code, is
1-7 amended to read as follows:
1-8 (c) The department shall adopt rules governing sanctions and
1-9 penalties under this section to or for:
1-10 (1) a person who fails to comply with each applicable
1-11 requirement of the responsibility agreement prescribed by this
1-12 section; and
1-13 (2) the family of a person who fails to comply with
1-14 the requirement of the responsibility agreement prescribed by
1-15 Subsection (d)(1) or (4).
1-16 SECTION 2. Section 31.0032, Human Resources Code, is amended
1-17 to read as follows:
1-18 Sec. 31.0032. PENALTIES AND SANCTIONS. (a) If after an
1-19 investigation the department determines that a person is not
1-20 complying with a requirement of the responsibility agreement
1-21 required under Section 31.0031, the department shall apply
1-22 appropriate sanctions or penalties regarding the assistance
1-23 provided to or for that person or that person and the person's
1-24 family under this chapter.
2-1 (b) In applying sanctions or penalties for the failure or
2-2 refusal of a person, without good cause, to comply with the
2-3 requirement of the responsibility agreement prescribed by Section
2-4 31.0031(d)(1) or (4), the department shall:
2-5 (1) after the first violation, reduce the total amount
2-6 of financial assistance provided to or for the entire family by an
2-7 amount equal to the amount of financial assistance provided for the
2-8 needs of each adult member of the family who is not in compliance;
2-9 and
2-10 (2) after the second or a subsequent violation,
2-11 terminate the total amount of financial assistance provided to or
2-12 for that person and the person's family.
2-13 (c) Good cause for noncompliance with the requirement of the
2-14 responsibility agreement prescribed by Section 31.0031(d)(1) exists
2-15 only if requiring the person committing the violation to cooperate
2-16 with the department or agency under that section would be harmful
2-17 to the physical, mental, or emotional health of the person or the
2-18 person's child.
2-19 (d) The department shall apply a penalty or sanction to or
2-20 for a family under Subsection (b) until the person committing the
2-21 violation complies with each requirement of the responsibility
2-22 agreement for which the penalty or sanction was imposed.
2-23 (e) The department shall immediately notify the caretaker
2-24 relative, second parent, or payee receiving the financial
2-25 assistance whether sanctions will be applied under this section.
2-26 (f) [(c)] This section does not prohibit the department from
2-27 providing medical assistance, child care, or any other social or
3-1 support services for a person or that person's family [an
3-2 individual subject to sanctions or penalties under this chapter].
3-3 SECTION 3. Section 31.0033(c), Human Resources Code, is
3-4 amended to read as follows:
3-5 (c) If the department finds that good cause for
3-6 noncompliance was not shown at a hearing, the department shall
3-7 apply appropriate sanctions or penalties to or for that person or
3-8 that person and the person's family until the department determines
3-9 that the person is in compliance with the terms of the
3-10 responsibility agreement.
3-11 SECTION 4. If, before implementing any provision of this
3-12 Act, a state agency determines that a waiver or other
3-13 authorization from a federal agency is necessary for
3-14 implementation, the department shall request the waiver or
3-15 authorization and may delay implementing that provision until the
3-16 waiver or authorization is granted.
3-17 SECTION 5. The changes in law made by Sections
3-18 31.0031-31.0033, Human Resources Code, as amended by this Act,
3-19 apply only to conduct that occurs on or after the effective date of
3-20 this Act. Conduct that occurs before the effective date of this
3-21 Act is governed by the law in effect at the time the conduct
3-22 occurred, and that law is continued in effect for that purpose.
3-23 SECTION 6. This Act takes effect September 1, 1999.
3-24 SECTION 7. The importance of this legislation and the
3-25 crowded condition of the calendars in both houses create an
3-26 emergency and an imperative public necessity that the
3-27 constitutional rule requiring bills to be read on three several
4-1 days in each house be suspended, and this rule is hereby suspended.