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


Senate Research CenterC.S.S.B. 42
77R9892 KLA-DBy: Zaffirini
Health & Human Services
4/6/2001
As Filed

Committee Report (Substituted) 

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.  C.S.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 expressly granted to the Department of Human
Services in SECTIONS 2 and 3 (Sections 31.00331, and 31.011, Human
Resources Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 31.0032(a), Human Resources Code, to provide
that, except as provided by  Section 231.115, Family Code (Noncooperation
by Recipient of Public Assistance), and Section 31.00331, if after an
investigation the Texas Department of Human Services (department) or the
Title IV-D agency determines that a person is not complying with a
requiremetn of the responsibility agreement required under Section 31.0031,
the department immediately shall apply appropriate sanctions or penalties
regarding the assistance provided to ro for that person under this chapter. 

SECTION 2.  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), before
applying 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 DHS to promptly refer the person to appropriate support
services, if necessary. 

(c)  Requires DHS by rule to adopt criteria for determining when to apply a
sanction or penalty described by Subsection (a) to a person for whom DHS
conducts a case review under this section. 

SECTION 3.  Amends Chapter 31A, Human Resources Code, by adding Sections
31.011 as follows: 

Sec. 31.011.  NEEDS ASSESSMENT AND SUPPORT SERVICES FOR DEPENDENT CHILDREN.
(a)  Requires DHS to develop and implement a personal 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 DHS. 

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

SECTION 4.  Requires DHS, 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 5.  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, to obtain the waiver or
authorization and authorizes the state agency to delay implementing that
provision until such waiver or authorization is granted. 

SECTION 6.  Effective date: September 1, 2001.


SUMMARY OF COMMITTEE CHANGES

Amends As Filed S.B. 42 by deleting proposed Sections 31.0111, 31.0128,
31.046, Human Resources Code, and proposed Section 302.044, Labor Code.
Makes conforming changes.