SRC-CTC H.B. 3210 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 3210
By: Naishtat (Moncrief)
Health & Human Services
5/11/2001
Engrossed


DIGEST AND PURPOSE 

Prior to federal welfare reform laws, legal immigrants were treated the
same as citizens when determining eligibility for public assistance
benefits.  Because of the passage of the federal Personal Responsibility
and Work Opportunity Reconciliation Act in 1996, certain immigrants who
entered the United States after August 22, 1996, are ineligible for federal
welfare assistance programs for five years.  For immigrants in an abusive
relationship, not being eligible for financial assistance may force a
victim to stay in an abusive situation, putting the victim and the victim's
children at risk.  H.B. 3210 establishes a temporary cash assistance
program for certain immigrants who are victims of domestic abuse. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Department of Human
Services in SECTION 1 (Sections 34.005 and 34.006, 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 SELF-SUFFICIENCY PROGRAM FOR IMMIGRANTS WHO ARE VICTIMS
OF BATTERY OR EXTREME CRUELTY 

Sec. 34.001.  DEVELOPMENT AND IMPLEMENTATION OF STATE SELFSUFFICIENCY
PROGRAM; FUNDING.  Requires the Texas Department of Human Services
(department), subject to available funding, by rule to develop and
implement a program under which the state provides temporary cash
assistance (assistance) to immigrants who meet the eligibility requirements
prescribed by this chapter.  Authorizes assistance provided under this
chapter to be funded only with state money. 

Sec. 34.002.  ELIGIBILITY.  Authorizes assistance to be provided only to
certain lawfully present immigrants.  Requires the department to make the
determination of whether an immigrant meets the requirements of this
section in a manner consistent with applicable federal guidelines. 

Sec. 34.003.  AMOUNT OF ASSISTANCE.  (a) Requires the department, subject
to Subsection (b), to develop a schedule that specifies the amount of
assistance paid to an immigrant under this chapter.  Sets forth certain
requirements for the schedule. 

(b) Prohibits the maximum monthly amount of assistance provided to an
immigrant under this chapter from exceeding the total monthly cash value of
financial assistance under Chapter 31 and food stamps under Chapter 33 that
could be provided to a family of equal size as the immigrant's family. 

Sec. 34.004.  TIME LIMIT ON ASSISTANCE.  Prohibits assistance under this
chapter from  exceeding a cumulative total of 12 months. 

Sec. 34.005.  WORK ACTIVITIES REQUIREMENT.  Provides that an immigrant
receiving assistance under this chapter is required to participate in work
activities designed to assist the immigrant in achieving self-sufficiency.
Authorizes an immigrant to comply with the work activities requirement
imposed by this section through participation in services available through
local workforce development boards or other providers of employment
services.  Requires the department to adopt rules applicable to the work
activities requirement imposed by this section. Sets forth certain
requirements for the rules adopted under this section. 

Sec. 34.006.  RULES.  Requires the department to adopt all rules necessary
for implementation of this chapter, including rules regarding eligibility
and benefit levels. 

SECTION 2.  Requires the department, subject to available funding, to begin
providing benefits under Chapter 34, Human Resources Code, as added by this
Act, not later than January 1, 2002. 

SECTION 3.  Effective date: September 1, 2001.