HBA-MPM H.B. 1002 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1002 By: Naishtat Human Services 2/23/2001 Introduced BACKGROUND AND PURPOSE In 1995, the 74th Legislature enacted welfare reform. Rather than immediately conform with federal welfare reform passed by Congress in 1996, Texas was allowed to take advantage of a waiver option authorizing a delay in implementing some federal provisions. Texas has achieved a work participation credit of more than 50 percent for caseload reduction, giving the state flexibility to retain current program work requirements when this waiver expires in March 2002. House Bill 1002 codifies the "good cause" exemptions for certain clients receiving services under the Temporary Assistance for Needy Families program (TANF) currently in effect through the Department of Human Services. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Department of Human Services in SECTION 1 (Section 31.012, Human Resources Code) of this bill. ANALYSIS House Bill 1002 amends the Human Resources Code to provide that the required criteria established by the Texas Department of Humans Services (DHS) for good cause noncompliance with financial assistance work requirements must provide an exemption work or employment activities for a person who: _is temporarily ill or incapacitated, incarcerated, or required to appear in court; _demonstrates that transportation is unavailable or that arrangements for transportation have failed; _demonstrates that child care is unavailable or that arrangements for child care have failed; _lacks other necessary support services DHS considers necessary for participation; _receives an employment referral resulting in an offer of employment that pays less than minimum wage, except for certain training activities; _demonstrates that the only work or employment activity available to the person takes more than two hours in commuting time to and from the person's residence or cannot be reached by walking, and transportation is unavailable; or _has a family crisis or circumstance, including family violence, that precludes participation. The bill requires a person with a family crisis to attempt to resolve the family crisis or other circumstance by participating in counseling services or other support services identified by DHS through appropriate referrals. The bill requires DHS to reevaluate an exemption granted due to family violence at least once during each 90-day period following the date of the exemption, and prohibits DHS from granting the exemption longer than 12 months. The criteria must also provide a partial exemption under which a caretaker of a child less than six years old is not required to work or participate in employment activities for more than 20 hours a week, provided that the caretaker is not a custodial parent who has not completed high school or its equivalent or a member of a two-member household in which one parent is able to care for the child. EFFECTIVE DATE September 1, 2001.