Amend CSHB 1006 by adding the following appropriately
numbered SECTIONS to the bill and renumbering subsequent SECTIONS
of the bill accordingly:
SECTION ____. Section 31.0031(c), Human Resources Code, is
amended to read as follows:
(c) Subject to the requirements of Sections 31.00321 and
31.00322, the <The> department shall adopt rules governing
sanctions and penalties under this section to or for:
(1) a person who fails to comply with each applicable
requirement of the responsibility agreement prescribed by this
section; and
(2) the family of a person who fails to comply with
each applicable requirement of the responsibility agreement.
SECTION ____. Sections 31.0032(a) and (c), Human Resources
Code, are amended to read as follows:
(a) Except as provided by Section 231.115, Family Code, and
Section 31.00331 <as added by Chapter 911, Acts of the 75th
Legislature, Regular Session, 1997>, if after an investigation the
department or the Title IV-D agency determines that a person is not
complying with a requirement of the responsibility agreement
required under Section 31.0031, the department immediately shall
apply appropriate sanctions or penalties regarding the assistance
provided to or for that person and the person's family under this
chapter.
(c) This section does not prohibit the department from
providing medical assistance, child care, or any other social or
support services for a person who or a family that is <an
individual> subject to sanctions or penalties under this chapter.
SECTION ____. Subchapter A, Chapter 31, Human Resources Code,
is amended by adding Sections 31.00321 and 31.00322 to read as
follows:
Sec. 31.00321. PENALTIES AND SANCTIONS FOR NONCOMPLIANCE
WITH CERTAIN REQUIREMENTS. (a) This section applies only to the
application of sanctions or penalties to a person who, without good
cause as determined under Section 31.0033, fails or refuses to
comply with a requirement of the responsibility agreement under
Section 31.0031, other than a requirement of the responsibility
agreement under Section 31.0031(d)(1).
(b) On a person's first failure or refusal to comply with a
requirement of the responsibility agreement to which this section
applies, the department shall reduce the amount of financial
assistance provided to or for each adult person in the family who
is not in compliance for a period of two months or until each adult
member of the family complies, whichever is later.
(c) On a person's second failure or refusal to comply with a
requirement of the responsibility agreement to which this section
applies, the department shall, subject to the requirements of
Section 31.00331, terminate the total amount of financial
assistance provided to or for the person and the person's family.
(d) If the department terminates the total amount of
financial assistance provided to or for a person and the person's
family under Subsection (c), the person and the person's family are
ineligible for subsequent financial assistance for a period of six
months from the date the department terminated the previous
financial assistance.
Sec. 31.00322. PENALTIES AND SANCTIONS FOR NONCOMPLIANCE
WITH CHILD SUPPORT ENFORCEMENT REQUIREMENTS. (a) This section
applies only to the application of sanctions or penalties to a
person who, without good cause as determined under Section 31.0033,
fails or refuses to comply with a requirement of the responsibility
agreement under Section 31.0031(d)(1).
(b) On a person's first failure or refusal to comply with a
requirement of the responsibility agreement under Section
31.0031(d)(1), the department shall, on the recommendation of the
Title IV-D agency, terminate the total amount of financial
assistance provided to or for the person and the person's family.
SECTION ____. Section 31.0033(c), Human Resources Code, is
amended to read as follows:
(c) If the department finds that good cause for
noncompliance was not shown at a hearing, the department shall
apply appropriate sanctions or penalties to or for that person or
that person and the person's family until the department, or the
Title IV-D agency in a Title IV-D case, determines that the person
is in compliance with the terms of the responsibility agreement.
SECTION ____. Subchapter A, Chapter 31, Human Resources Code,
is amended by adding Section 31.00331 to read as follows:
Sec. 31.00331. CASE REVIEW FOLLOWING NONCOMPLIANCE WITH
CERTAIN REQUIREMENTS. (a) Before terminating all financial
assistance for a person and the person's family under Section
31.00321(c), the department shall conduct a case review to
determine:
(1) the reasons for the noncompliance of the person
or a member of the person's family with a requirement of the
responsibility agreement under Section 31.0031, other than the
requirement under Section 31.0031(d)(1); and
(2) support services that will enable the person or
the member of the person's family to comply with that requirement
or prevent future noncompliance.
(b) A representative of the department shall conduct the
case review in person at the residence of the person or the
person's family member whose failure to comply with the requirement
of the responsibility agreement is the basis for the termination of
financial assistance.
SECTION ____. Section 31.014, Human Resources Code, is
amended by amending Subsection (a) and adding Subsection (d) to
read as follows:
(a) The department shall provide financial assistance, in
accordance with department rules, to a two-parent family if the
primary wage earner parent is registered in the job opportunities
and basic skills (JOBS) training program under Part F, Subchapter
IV, Social Security Act (42 U.S.C. Section 682), or is registered
with the Texas Workforce <Employment> Commission.
(d) Notwithstanding any other law, the department shall
allow a two-parent family to satisfy the requirements for work or
employment activity participation under Section 31.0031(d)(3) or
(4) or Section 31.012 through the participation of the primary
wage-earner in a work or employment activity, or through the
combined participation of both the primary and secondary
wage-earners in work or employment activities.