By McClendon H.B. No. 43
77R269 CLG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the consideration of income earned by certain
1-3 recipients of Temporary Assistance for Needy Families benefits for
1-4 eligibility determination purposes.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter A, Chapter 31, Human Resources Code, is
1-7 amended by adding Section 31.0038 to read as follows:
1-8 Sec. 31.0038. EARNED INCOME DISREGARDS FOR EMPLOYMENT. (a)
1-9 The purpose of the earned income disregards benefit is to assist a
1-10 recipient of financial assistance in making a successful transition
1-11 from the receipt of financial assistance to employment and
1-12 self-sufficiency.
1-13 (b) In this section, "former recipient of the earned income
1-14 disregards benefit" means a recipient of financial assistance whose
1-15 earned income has previously been disregarded by the department
1-16 under this section.
1-17 (c) If a recipient of financial assistance becomes employed
1-18 while receiving the assistance, the department may not consider any
1-19 earned income in excess of $120 received by the recipient up to the
1-20 first six months in which income from employment is received for
1-21 purposes of determining:
1-22 (1) the amount of financial assistance granted to an
1-23 individual for the support of dependent children; or
1-24 (2) whether the family meets household income and
2-1 resource requirements for financial assistance.
2-2 (d) The department may not disregard under Subsection (c)
2-3 the earned income of a recipient who left a position of employment
2-4 voluntarily without good cause while receiving financial assistance
2-5 or during a specified period, to be determined by department rule,
2-6 that immediately precedes the date on which the recipient obtained
2-7 new employment.
2-8 (e) The department may not disregard under Subsection (c)
2-9 the earned income of a former recipient of the earned income
2-10 disregards benefit until the first anniversary of the day after the
2-11 last date on which the former recipient's earned income was
2-12 disregarded under that subsection.
2-13 (f) During the period the earned income of a recipient is
2-14 disregarded by the department under Subsection (c), the department
2-15 may not exempt the recipient from participating in a work or
2-16 employment activity under Section 31.012.
2-17 (g) In adopting rules under this section, the department
2-18 shall:
2-19 (1) ensure that this section applies only to
2-20 recipients who have income in an amount that does not exceed the
2-21 maximum gross income limit set by the department under Section
2-22 31.003; and
2-23 (2) promote the purpose described by Subsection (a).
2-24 SECTION 2. Section 31.043, Human Resources Code, is repealed.
2-25 SECTION 3. If before implementing any provision of this Act a
2-26 state agency determines that a waiver or other authorization from a
2-27 federal agency is necessary for implementation, the Texas
3-1 Department of Human Services shall request the waiver or
3-2 authorization and may delay implementing that provision until the
3-3 waiver or authorization is granted.
3-4 SECTION 4. The change in law made by Section 31.0038, Human
3-5 Resources Code, as added by this Act, applies only to a person who
3-6 receives financial assistance under Chapter 31, Human Resources
3-7 Code, on or after the effective date of this Act, regardless of the
3-8 date on which eligibility for the financial assistance was
3-9 determined.
3-10 SECTION 5. This Act takes effect September 1, 2001.