SRC-TBR S.B. 42 77(R)    BILL ANALYSIS


Senate Research CenterS.B. 42
77R1454 KLA-DBy: Zaffirini
Health & Human Services
3/20/2001
As Filed


DIGEST AND PURPOSE 

Currently, the Department of Human Services does not have a personal needs
program to identify recipients of financial assistance who have high levels
of barriers to employment.  As proposed, S.B. 42 directs the Department of
Human Services to identify and address the needs of recipients of financial
assistance and dependent children of recipients of financial assistance. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Department of Human Services in
SECTIONS 4, 5, and 6 (Sections 31.0111, 31.0128, and 31.046 Human Resources
Code) and to the Texas Workforce Commission in SECTIONS 5 and 7 (Section
31.028, Human Resources Code, and Section 302.044, Labor Code) of this
bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 31A, Human Resources Code, by adding Section
31.00331, as follows: 

Sec. 31.00331.  CASE REVIEW FOLLOWING NONCOMPLIANCE WITH CERTAIN
REQUIREMENTS.  (a) Requires the Department of Human Services(DHS), on
application of a sanction or penalty to a person for noncompliance with a
requirement of the responsibility agreement under Section 31.0031(d)(2),
(6), (7) or (8), to conduct a case review to determine: 

  (1) the reasons for the noncompliance; and 
(2) whether the provision of local support services will enable the person
to comply with that requirement or prevent future noncompliance. 

(b) Requires the DHS to promptly refer the person to appropriate support
services, if necessary. 

SECTION 2.  Amends the heading to Section 31.0095, Human Resources Code, to
read as follows: 

 Sec. 31.0095.  EMPLOYABILITY NEEDS ASSESSMENT.

SECTION 3.  Amends the heading to Section 31.010, Human Resources Code, to
read as follows: 

Sec. 31.010.  SUPPORT SERVICES RELATED TO EMPLOYABILITY OF A RECIPIENT.

SECTION 4.  Amends Chapter 31A, Human Resources Code, by adding Sections
31.011 and 31.0111 as follows: 

Sec. 31.011.  PERSONAL NEEDS ASSESSMENT. (a)  Requires DHS, with the
participation of the Health and Human Services Commission (HHSC), to
develop and  implement a personal needs assessment program to identify
recipients of financial assistance who have high levels of barriers to
employment and needs, other than employability needs assessed under Section
31.0095, to help the recipient achieve independence from public assistance
granted to the recipient and the recipient's family, and improve case
management for a recipient identified by the program. 

(b)  Requires DHS and HHSC to develop the assessment program based on
research into the best practices and methods of needs assessment. 

(c)  Requires DHS to consider the barriers to employment and needs of a
recipient identified by the assessment program in referring the recipient
to appropriate community-based support services and developing the
employability plan under Section 31.0095 and determining necessary support
services under Section 31.010 for the recipient. 

Sec. 31.0111.  NEEDS ASSESSMENT AND SUPPORT SERVICES FOR DEPENDENT
CHILDREN.  (a)  Requires DHS to develop and implement a needs assessment
program to identify the needs of dependent children of recipients of
financial assistance that, if addressed, would promote the welfare of the
children. 

(b)  Requires DHS, after identifying the needs of a dependent child under
this section, to refer the child to appropriate local support services as
determined by the department. 

(c)  Requires DHS to adopt by rule criteria for determining when a needs
assessment should be conducted under this section. 

SECTION 5.  Amends Chapter 31A, Human Resources Code, by adding Section
31.0128, as follows: 

Sec. 31.0128.  COORDINATED INTERAGENCY PLAN.  (a)  Requires DHS and the
Texas Workforce Commission (TWC), to jointly develop and adopt a memorandum
of understanding, subject to the approval of HHSC.  Requires the memorandum
of understanding to establish a coordinated interagency case management
plan to identify each recipient of financial assistance who has, in
comparison to other recipients, higher levels of barriers to employment and
provide coordinated services that address those barriers to assist the
recipient in finding and retaining employment. 

(b)  Requires the TWC and the DHS to adopt by rule the memorandum of
understanding and all revisions to the memorandum. 

(c)  Requires the DHS and the TWC to implement the plan under this section
through local DHS and TWC offices and local workforce development boards,
as appropriate. 

SECTION 6.  Amends Chapter 31B, Human Resources Code, by adding Section
31.046, as follows: 

Sec. 31.046.  PERFORMANCE-BASED BONUS PROGRAM FOR LOCAL ADMINISTRATIVE
UNITS THAT DESIGN AND IMPLEMENT CASE MANAGEMENT TOOLS.  (a)  Requires DHS
to develop and implement a performancebased bonus program to reward local
administrative units that design and implement effective case management
tools for identifying and addressing the needs of the recipients of
financial assistance who are likely to have the most difficulty becoming
self-sufficient. 

(b)  Requires DHS, by rule, to specify the criteria to be considered by
local administrative units in determining which recipients of financial
assistance are likely to have the most difficulty becoming self-sufficient.
Provides that DHS may include any factor determined to be relevant. 

 (c)  Requires DHS by rule to specify the criteria for determining whether
to award a performance-based bonus to a local administrative unit of DHS.
Authorizes DHS to include consideration of any factor determined relevant
including certain other enumerated factors. 

(d)  Prohibits DHS  from denying any person access to education, job
training, job placement, or other services because the person is likely to
have difficulty becoming self-sufficient. 

(e)  Requires DHS to coordinate with other states agencies and private
organizations in developing and implementing the performance-based bonus
program. 

(f)  Requires a local administrative unit of DHS to use money provided
under this section for expenses relating to addressing the needs of the
recipients of financial assistance who are likely to have the most
difficulty becoming self-sufficient. 

SECTION 7.  Amends Chapter 302C, Labor Code, by adding Section 302.044, as
follows: 

Sec. 302.044.  PERFORMANCE-BASED BONUS PROGRAM FOR CAREER DEVELOPMENT
CENTERS THAT DESIGN AND IMPLEMENT CASE MANAGEMENT TOOLS.  (a)  Requires TWC
to develop and implement a performancebased bonus program to reward career
development centers that design and implement effective case management
tools for identifying and addressing the needs of clients who are
recipients of financial assistance under Chapter 31 (Financial Assistance
and Service Programs) Human Resources Code , and are likely to have the
most difficulty becoming self-sufficient. 

(b)  Requires TWC by rule to specify the criteria to be considered by
career development centers in determining which clients who are recipients
of financial assistance under Chapter 31, Human Resources Code, and are
likely to have the most difficulty becoming self-sufficient. Authorizes TWC
to include any factor determined relevant including whether the client
meets certain criteria. 

(c)  Requires TWC by rule to specify the criteria for determining whether
to award a performance-based bonus to a career development center.
Authorizes TWC to include any factor determined relevant including certain
criteria. 

(d)  Prohibits TWC from denying a person access to education, job training,
job placement, or other services because the person is likely to have
difficulty becoming self-sufficient. 

(e)  Requires TWC to coordinate with other state agencies and private
organizations in developing and implementing the performance-based bonus
program. 

(f)  Requires a career development center to use money provided under this
section for expenses relating to addressing the needs of clients who are
recipients of financial assistance under Chapter 31, Human Resources Code,
and are likely to have the most difficulty becoming self-sufficient. 

SECTION 8.  Requires DHS and HHSC, not later than January 1, 2002, to
develop and implement the personal needs assessment program required by
Section 31.011, Human Resources Code as added by this Act. 

SECTION 9.  Requires DHS, not later than January 1, 2002, to develop and
implement the needs assessment program required by Section 31.0111, Human
Resources Code as added by this Act. 

SECTION 10.  Requires DHS and TWC, not later than January 1, 2002, to adopt
the memorandum of understanding and implement the interagency case
management plan by Section 31.0128, Human Resources Code, as added by this
Act. 
 
Section 11.  Requires a state agency, if before implementing any provision
of this Act, it determines that a waiver or authorization from a federal
agency is necessary for implementation,  is to obtain the waiver or
authorization and authorizes the state agency to delay implementing that
provision until such waiver or authorization is granted. 

SECTION 12.  Effective date: September 1, 2001.