SRC-MKV H.B. 1005 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 1005
By: Naishtat (Zaffirini)
Health & Human Services
5/5/2001
Engrossed


DIGEST AND PURPOSE 

Under current federal welfare law, states are required to achieve certain
work participation rates for recipients of Temporary Assistance for Needy
Families program (TANF). Beginning in 2002, the required rate for
single-parent families will increase to 50 percent, and the required rate
for two-parent families will increase to 90 percent. Because this
population includes families living in areas where unemployment is high and
is often composed of immigrant workers who are only able to work six months
out of the year, local workforce development boards may have difficulty
achieving the 90 percent work participation rate for two-parent families.
Given that two-parent families only constitute a small percentage of TANF
families, boards are providing more intensive and costly services to the
smallest portion of their caseload. This creates inequity for all TANF
recipients, and the failure to meet work participation rates results in
financial penalties to the state.  

When federal welfare reform legislation was passed in 1995, many areas of
the state had not developed workforce services and currently some rural
"minimum service counties" still have underdeveloped workforce services.
Some TANF recipients are approaching their lifetime allotment of financial
assistance under TANF without having received workforce services.  

H.B. 1005 provides for a state funding system that is separate from TANF to
provide financial assistance and workforce services to two-parent families
and individuals in areas defined by the Texas Workforce Commission as
minimum service counties.  

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Health and Human Services
Commission, the Texas Department of Human Services, and the Texas Workforce
Commission in SECTION 1 (Section 34.003, Human Resources Code) of this
bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Title 2C, Human Resources Code, by adding Chapter 34, as
follows: 

CHAPTER 34.  STATE TEMPORARY ASSISTANCE AND SUPPORT SERVICES
PROGRAM
 
Sec. 34.001.  DEFINITIONS. Defines "related support services" and
"temporary assistance." 

Sec. 34.002.  DEVELOPMENT AND IMPLEMENTATION OF STATE PROGRAM; FUNDING. (a)
Requires the Health and Human Services Commission, the Texas Department of
Human Services (department), and the Texas Workforce Commission, with the
participation of local workforce development boards, to jointly develop and
implement a state program of temporary assistance and related support
services that is distinct from the financial assistance program authorized
by Chapter 31. 

 (b)  Authorizes temporary assistance and related support services to be
provided under  the state program only to certain persons. 
  
(c)  Authorizes temporary assistance and related support services provided
under the state program to be funded only with state money. 

Sec. 34.003.  RULES. (a)  Requires the Health and Human Services
Commission, the department, and the Texas Workforce Commission to adopt all
rules necessary for implementation of the state program, including rules
regarding eligibility, work requirements, work exemptions, time limits, and
related support services. 

 (b)  Requires the rules to be designed to result in a state program that
is substantively identical to the financial assistance program authorized
by Chapter 31, except to the extent that programmatic differences are
appropriate because of the populations served by those programs and the
sources of funding for those programs. 

 (c)  Requires the Health and Human Services Commission, the department,
and the Texas Workforce Commission to form an interagency work group to
develop the rules required under this section.  Requires the interagency
work group to provide for participation in development of the rules by
representatives of local workforce development boards. 

Sec. 34.004.  PROCEDURES APPLICABLE TO PERSONS RESIDING IN MINIMUM SERVICE
COUNTIES.  Requires the Health and Human Services Commission, the
department, and the Texas Workforce Commission to develop and implement
procedures to perform certain duties. 
 
Sec. 34.005.  ELIGIBILITY FOR MEDICAL ASSISTANCE.  Provides that a
recipient of temporary assistance and related support services under the
state program is eligible for medical assistance under Chapter 32 in the
same manner as a person receiving financial assistance under Chapter 31. 

Sec. 34.006.  REPORT.  Requires the Health and Human Services Commission,
the department, and the Texas Workforce Commission to monitor
implementation and operation of the state program and, not later than
December 1 of each year, jointly report to the governor, the legislature,
and the Legislative Budget Board on the status and use of the state
program. Requires the report required to be submitted not later than
December 1, 2004, to include certain information. 

SECTION 2.  Requires that notwithstanding Section 34.006, Human Resources
Code, as added by this Act, the Health and Human Services Commission, the
Texas Department of Human Services, and the Texas Workforce Commission
submit the report required by that section beginning with the report due
not later than December 1, 2002. 
 
SECTION 3. 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 4. Effective date: September 1, 2001.