HBA-MPM C.S.H.B. 1006 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1006
By: Naishtat
Human Services
4/17/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

In 1995, the 74th Texas Legislature passed welfare reform.  When Congress
passed federal welfare reform regulations the next year, Texas was allowed
to take advantage of a waiver option authorizing a delay in implementing
some federal provisions.  This waiver expires in March 2002, and there are
some advisable conforming changes to state law in anticipation of that
expiration.  C.S.H.B. 1006 sets forth exemptions from work requirements for
recipients of Temporary Assistance for Needy Families and directs the Texas
Department of Human Services, the Texas Workforce Commission, and local
workforce development boards to develop a plan to provide employment
outreach services to those exempted. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

C.S.H.B. 1006 amends the Human Resources Code to exempt certain recipients
of financial assistance from the work requirements of Temporary Assistance
for Needy Families (TANF), and specifies the persons to whom work
requirements do not apply. 

The bill requires DHS, the Texas Workforce Commission (TWC), and local
workforce development boards to develop plans for providing outreach
services to assist a person who is exempt from work requirements in
becoming self-supporting.  The bill provides that outreach services
provided under the plans must include making support services available and
providing referrals to appropriate services, including those provided by
the Texas Rehabilitation Commission, the Texas Commission on Alcohol and
Drug Abuse, or community organizations.  The bill sets forth additional
good cause criteria in addition to any other criteria DHS establishes that
provides for an exception or partial exception from work or employment
activities. 

C.S.H.B. 1006 requires each local workforce development board to assess
current resources available to provide services to persons exempt from work
requirements, develop a plan for providing the services, and provide TWC
with information regarding additional resources needed to fully implement
the plans developed under the provisions of this bill regarding the
provision of services to the persons addressed by those plans.  The bill
requires TWC no later than December 1, 2003 to report to the legislature
regarding information and recommendations submitted by the local workforce
development boards and TWC's evaluation of the information and
recommendations. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

 C.S.H.B. 1006 differs from the original bill by removing the provision
that a mandatory work requirement is satisfied regardless of the number of
hours worked if the person's weekly earnings equal at least the amount that
would be received by a person working 30 hours at an hourly rate equal to
the federal minimum hourly wage (Sec. 31.012). 

The substitute removes the exemption from the mandatory work requirement
for a person who: 

_is younger than 16 years of age;

_is 16, 17, or 18 years of age and a full-time student in an elementary,
secondary, vocational, or technical school; 

_is a full-time VISTA volunteer; and

_has demonstrated to the Texas Department of Human Services (DHS) that the
only work or employment activity available to the person requires a
round-trip commuting time of more than two hours or cannot be reached by
walking and transportation is unavailable. 

The substitute adds to the exemptions from mandatory work requirements a
person who: 

_is incapacitated for more than 180 days and is unable to work, rather than
a person who is temporarily disabled for not more than 90 days; and 

_is pregnant and cannot work because of the pregnancy.

The substitute removes the provision in the original requiring DHS to the
extent permitted by federal law to also consider exempted persons as exempt
on the basis of hardship from mandatory work requirements imposed by
federal law under certain circumstances. 

The substitute requires DHS, the Texas Workforce Commission (TWC), and
local development boards to develop plans for providing outreach services
to assist persons exempt from work requirements whereas the original only
required DHS and TWC to provide the outreach services.  The substitute
provides that in addition to other criteria established by DHS, the
criteria for good cause noncompliance must provide for certain exceptions
and partial exceptions from work or employment activities to individuals
specified in the bill (Sec. 31.012). 

The substitute differs from the original by requiring each local workforce
development board to assess available resources, develop a plan for
providing services, and provide TWC with information needed to fully
implement the provisions of this bill and policy recommendations.  The
substitute requires TWC to report to the legislature no later than December
1, 2003 regarding the information and recommendations (SECTION 5).