SRC-JBJ H.B. 1187 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 1187
77R10541 KKA-DBy: Olivo (Zaffirini)
Health & Human Services
5/5/2001
Engrossed


DIGEST AND PURPOSE 

Currently, the Parents as Scholars pilot program requires participants to
have completed the recommended or advanced high school curriculum and
graduated from high school no earlier than the 1998 - 1999 school year to
qualify for a Toward EXcellence, Access, & Success (TEXAS) grant. H.B. 1187
requires the Texas Workforce Commission to establish a new Parents as
Scholars pilot program with amended eligibility criteria that allows
program participants to fulfill the work or employment activities required
for financial assistance by engaging in educational activities designed to
result in receipt of a postsecondary degree.  

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Workforce Commission
in SECTION 1 (Section 31.072, Human Resources Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 31, Human Resources Code, by adding Subchapter
D, as follows: 

SUBCHAPTER D.  PARENTS AS SCHOLARS PILOT PROGRAM

Sec. 31.071.  DEFINITIONS.  Defines "commission," "institution of higher
education," and "program." 

Sec. 31.072.  PARENTS AS SCHOLARS PILOT PROGRAM.  Requires the Texas
Workforce Commission (commission) by rule to establish a Parents as
Scholars pilot program under which recipients of financial assistance
participating in the program are allowed to fulfill applicable work or
employment activities requirements by engaging in educational activities
designed to result in receipt of a postsecondary degree. 
 
Sec. 31.073.  SELECTION OF PROGRAM PARTICIPANTS; EDUCATION ASSESSMENT.  (a)
Provides that a recipient of financial assistance is eligible for
consideration as a program participant if the recipient meets certain
criteria. 

(b)  Requires the commission, unless positions in the program are
unavailable, to conduct an education assessment of each recipient described
by Subsection (a) to determine the recipient's ability to obtain a
postsecondary degree.  Requires the education assessment to include certain
considerations. 

(c)  Requires the education assessment to be conducted after the recipient
attends the commission's employment planning session under the CHOICES
program, but before development of the recipient's individual employment
plan. 

(d)  Authorizes the commission to offer a recipient the opportunity to
participate in the program if the commission determines that the recipient
meets certain criteria. 
 
Sec. 31.074.  LIMIT ON NUMBER OF PROGRAM PARTICIPANTS.  (a)  Prohibits the
commission from  allowing more than 100 recipients to participate in the
program at one time. 

(b)  Requires the commission to select recipients to participate in the
program on a first-come, first-served basis. 

Sec. 31.075.  INDIVIDUAL EDUCATION PLAN; APPLICATION FOR ADMISSION TO AN
INSTITUTION OF HIGHER EDUCATION.  (a)  Requires the commission, after
selection of a recipient for participation in the program, to develop, in
cooperation with the recipient, an individual education plan for the
recipient.  Requires the plan to include requirements that the recipient
take certain enumerated actions. 

(b)  Provides that subject to generally applicable eligibility
requirements, a recipient continues to receive financial assistance during
the period that the recipient engages in the activities required to obtain
admission to an institution of higher education.  Provides that if a
recipient is not offered admission to an institution of higher education
before the expiration of the 12-month period in which the recipient is
entitled to financial assistance under Section 31.0065(b)(1), the recipient
is ineligible for continued participation in the program. 

Sec. 31.076.  APPLICABILITY OF WORK OR EMPLOYMENT ACTIVITIES REQUIREMENTS
DURING APPLICATION PERIOD.  (a)  Provides that a recipient participating in
the program remains subject to the work or employment activities
requirements imposed by Section 31.012 until the recipient begins attending
an institution of higher education, regardless of whether financial
assistance is provided to the recipient using federal funds, or cash
assistance is provided to the recipient using state funds under Section
31.078(c). 

(b)  Provides that the number of hours a recipient spends on completion of
activities specified in the recipient's individual education plan developed
under Section 31.075 are included in determining the recipient's compliance
with Section 31.012.  Requires the recipient, if the number of hours the
recipient spends on education plan activities is less than the number of
hours required under Section 31.012, to also participate in permissible
work or employment activities for the number of hours necessary to result
in compliance with Section 31.012. 

Sec. 31.077.  ADMISSION TO AND ATTENDANCE AT INSTITUTION OF HIGHER
EDUCATION.  (a)  Requires a recipient participating in the program to take
certain enumerated actions. 

(b)  Requires a recipient, to remain eligible for participation in the
program and receipt of benefits under Section 31.078, to take certain
enumerated action. 

Sec. 31.078.  PROGRAM BENEFITS.  (a)  Provides that beginning on the date
that the commission determines that a recipient participating in the
program has received an offer of admission to an institution of higher
education that the recipient intends to accept, or beginning on a date as
soon after that date as practical, the recipient ceases to receive
financial assistance; and begins to receive monthly cash assistance in the
amount necessary to ensure that the recipient's household receives the same
total amount of money that the household received before the recipient
ceased to receive financial assistance. 

(b)  Provides that a recipient participating in the program is eligible for
child-care services, medical assistance, and food stamps in the same manner
as a person receiving financial assistance. 
  
(c)  Requires the commission to fund monthly cash assistance and child-care
services  for recipients participating in the program with state money
appropriated to the commission for that purpose.  Requires the commission
to use the state money in a manner that ensures that the money is included
in determining the state's compliance with federal maintenance of effort
requirements under Part A, Title IV, Social Security Act (42 U.S.C. Section
601 et seq.), as amended. 

(d)  Requires the commission to notify the Texas Department of Human
Services (department) on determination by the commission that a recipient
is entitled to benefits in accordance with Subsection (a), and requires the
department to take all necessary administrative action to ensure that the
recipient ceases to receive financial assistance. 

Sec. 31.079.  TIME LIMITS.  (a)  Provides that a recipient participating in
the program who enrolls in an institution of higher education: 

     _is not subject to the time limits imposed by Section 31.0065;
     
     _is subject to applicable time limits imposed by federal law;
     
     _is authorized, if the recipient is seeking an associate degree, to
receive cash assistance and child-care services under the program until the
earlier of the date the recipient obtains the degree or the date the
recipient has received benefits for a total of 36 months; and 

     _is authorized, if the recipient is seeking a baccalaureate degree, to
receive cash assistance and child-care services under the program until the
earlier of the date the recipient obtains the degree or the date the
recipient has received benefits for a total of 60 months. 
        
(b)  Authorizes a recipient participating in the program who obtains an
associate degree to subsequently pursue a baccalaureate degree if approved
by the commission. Authorizes the recipient, if approved, to receive total
benefits under the program for the period prescribed by Subsection (a)(4). 

Sec. 31.080.  REPORT TO LEGISLATURE.  Requires the commission, not later
than January 15, 2007, to submit to the legislature a report relating to
the program.  Requires the report to include certain information. 

 Sec. 31.081.  EXPIRATION.  Provides that this subchapter expires September
1, 2007. 
 
SECTION 2.  Repealer:  Section 31.045 (Parents as Scholars Pilot Program),
Human Resources Code. 
 
SECTION 3.  Requires an agency affected by the provision, if before
implementing any provision of this Act a state agency determines that a
waiver or authorization from a federal agency is necessary for
implementation of that provision, to request the waiver or authorization
and authorizes that agency to delay implementing that provision until the
waiver or authorization is granted. 
 
SECTION 4.  Effective date: September 1, 2001.