SRC-MKV H.B. 1004 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 1004
By: Naishtat (Zaffirini)
Health & Human Services
5/5/2001
Engrossed


DIGEST AND PURPOSE 

In 1995, the 74th Legislature initiated welfare reform in Texas. When the
federal Personal Responsibility and Work Opportunity Reconciliation Act
passed in 1996, the state was allowed to take advantage of a waiver option
authorizing a delay in implementing some of the new federal provisions. The
waiver expires in March of 2002, and federal regulations do not allow
Temporary Assistance for Needy Families (TANF) clients who pursue
post-secondary education for more than 12 months to be counted in the data
collected by a state in determining its work participation rates. However,
the state is not prohibited from continuing to serve clients engaged in
continuing education past this 12-month limit as long as the state
continues to meet federal work participation rates without counting these
students. H.B. 1004 codifies the work activities that currently count as
participation under Texas Workforce Commission (TWC) rules with three
additions and requires TWC to permit TANF clients under 20 years of age to
attend full-time educational activities for an unlimited period of time.  

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Workforce Commission
in SECTION 1 (Section 301.0675, Labor Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 301D, Labor Code, by adding Section 301.0675, as
follows: 

Sec. 301.0675.  WORK OR EMPLOYMENT ACTIVITIES FOR RECIPIENTS OF TEMPORARY
ASSISTANCE FOR NEEDY FAMILIES. (a)  Requires the Texas Workforce Commission
(commission) by rule to determine the work or employment activities in
which a person must participate to comply with Section 31.012 (Mandatory
Work or Participation in Employment Activities Through the Job
Opportunities and Basic Skills Program), Human Resources Code. 

 (b)  Requires that in adopting rules under this section, the commission
provide for a broad array of permissible work or employment activities
designed to perform certain duties. 
  
 (c)  Requires the rules to provide for at least certain specific
permissible work or employment activities. 
  
 (d)  Requires the commission to permit a person younger than 20 years of
age to comply with Section 31.012, Human Resources Code, through
participating solely in full-time educational activities authorized by
Subsection (c)(7) for an unlimited amount of time. 

 (e)  Requires the commission, the Texas Department of Human Services, and
the local workforce development boards to perform agency and board duties
related to requiring compliance with the work or employment activities
requirements imposed by Section  31.012, Human Resources Code, in the least
intrusive manner possible. 
 
SECTION 2. Requires a state agency affected by a provision of this Act to
request a waiver or authorization and authorizes the agency to delay
implementing that provision until the waiver or authorization is granted,
if the agency determines before implementing any provision of this Act that
a waiver or authorization from a federal agency is necessary. 
 
SECTION 3. Effective date: upon passage or September 1, 2001.
  Makes application of this Act prospective.