HBA-SEP C.S.S.B. 42 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.S.B. 42 By: Zaffirini Human Services 4/26/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE A recipient of financial assistance is required to sign a personal responsibility agreement and may be sanctioned for not complying with the agreement. Imposition of a sanction for not complying with family related requirements may suggest that a caretaker of a child is facing some root problem that contributes to the noncompliance. C.S.S.B. 42 directs the Department of Human Services to identify and address the needs of recipients of financial assistance before imposing a penalty or sanction for not meeting certain requirements. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Department of Human Services in SECTION 2 (Section 31.00331, Human Resources Code) of this bill. ANALYSIS C.S.S.B. 42 amends the Human Resources Code to require the Texas Department of Human Services (DHS), before applying a sanction or penalty to a recipient of financial assistance for noncompliance with certain requirements of the responsibility agreement, to conduct a case review to determine the reasons for the noncompliance and whether the provisions of local support services will enable the person to comply with that requirement or prevent future noncompliance. If DHS determines that local support services are necessary, DHS is required to promptly refer the person to appropriate support services. DHS, by rule, is required to adopt criteria for determining when to apply a sanction or penalty to a person for whom DHS conducts a case review. EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.S.B. 42 modifies the original to remove provisions requiring the Texas Department of Human Services to develop and implement a needs assessment program to identify the needs of dependant children of recipients of financial assistance.