By Keffer H.B. No. 165
77R1342 CLG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to eligibility for Temporary Assistance for Needy Families
1-3 benefits.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 31.0031(c), Human Resources Code, is
1-6 amended to read as follows:
1-7 (c) The department shall adopt rules governing sanctions and
1-8 penalties under this section to or for:
1-9 (1) a person who fails to comply with each applicable
1-10 requirement of the responsibility agreement prescribed by this
1-11 section; and
1-12 (2) the family of a person who fails to comply with a
1-13 requirement of the responsibility agreement under Subsection
1-14 (d)(4).
1-15 SECTION 2. Sections 31.0032(a) and (c), Human Resources Code,
1-16 are amended to read as follows:
1-17 (a) Except as provided by Section 231.115, Family Code, as
1-18 added by Chapter 911, Acts of the 75th Legislature, Regular
1-19 Session, 1997, if after an investigation the department or the
1-20 Title IV-D agency determines that a person is not complying with a
1-21 requirement of the responsibility agreement required under Section
1-22 31.0031, the department immediately shall apply appropriate
1-23 sanctions or penalties regarding the assistance provided to or for
1-24 that person or that person and the person's family under this
2-1 chapter.
2-2 (c) This section does not prohibit the department from
2-3 providing medical assistance, child care, or any other social or
2-4 support services for a person who or a family that is [an
2-5 individual] subject to sanctions or penalties under this chapter.
2-6 SECTION 3. Subchapter A, Chapter 31, Human Resources Code, is
2-7 amended by adding Section 31.00321 to read as follows:
2-8 Sec. 31.00321. PENALTIES AND SANCTIONS FOR NONCOMPLIANCE
2-9 WITH WORK REQUIREMENTS. (a) This section applies only to the
2-10 application of sanctions or penalties to a person who, without good
2-11 cause as determined under Section 31.0033, fails or refuses to
2-12 comply with a requirement of the responsibility agreement under
2-13 Section 31.0031(d)(4).
2-14 (b) On a person's first failure or refusal to comply with a
2-15 requirement of the responsibility agreement under Section
2-16 31.0031(d)(4), the department shall reduce the amount of financial
2-17 assistance provided to or for each adult member of the family who
2-18 is not in compliance for a period of one month or until each adult
2-19 member of the family complies, whichever is later. If each adult
2-20 member of the family has not complied with the requirement under
2-21 Section 31.0031(d)(4) after three months, the department shall
2-22 terminate the total amount of financial assistance provided to or
2-23 for the person and the person's family. A family may reapply for
2-24 financial assistance one month after the date on which the family's
2-25 assistance is terminated under this subsection.
2-26 (c) On a person's second failure or refusal to comply with a
2-27 requirement of the responsibility agreement under Section
3-1 31.0031(d)(4), the department shall reduce the amount of financial
3-2 assistance provided to or for each adult member of the family who
3-3 is not in compliance for a period of two months or until each adult
3-4 member of the family complies, whichever is later. If each adult
3-5 member of the family has not complied with the requirement under
3-6 Section 31.0031(d)(4) after three months, the department shall
3-7 terminate the total amount of financial assistance provided to or
3-8 for the person and the person's family. A family may reapply for
3-9 financial assistance two months after the date on which the
3-10 family's assistance is terminated under this subsection.
3-11 (d) On a person's third or subsequent failure or refusal to
3-12 comply with a requirement of the responsibility agreement under
3-13 Section 31.0031(d)(4), the department shall terminate the total
3-14 amount of financial assistance provided to or for the person and
3-15 the person's family. A family may reapply for financial assistance
3-16 six months after the date on which the family's assistance is
3-17 terminated under this subsection.
3-18 SECTION 4. Section 31.0033(c), Human Resources Code, is
3-19 amended to read as follows:
3-20 (c) If the department finds that good cause for
3-21 noncompliance was not shown at a hearing, the department shall
3-22 apply appropriate sanctions or penalties to or for that person or
3-23 that person and the person's family until, except as otherwise
3-24 provided by Section 31.00321, the department, or the Title IV-D
3-25 agency in a Title IV-D case, determines that the person is in
3-26 compliance with the terms of the responsibility agreement.
3-27 SECTION 5. Subchapter A, Chapter 31, Human Resources Code, is
4-1 amended by adding Section 31.00331 to read as follows:
4-2 Sec. 31.00331. CASE REVIEW ON NONCOMPLIANCE WITH WORK
4-3 REQUIREMENTS WITHOUT GOOD CAUSE. (a) Not later than the fifth day
4-4 after the date on which the department reduces the amount of
4-5 financial assistance provided to or for an adult member of the
4-6 family under Section 31.00321(b) or (c), the department, the Texas
4-7 Workforce Commission, or a local workforce development board, as
4-8 appropriate, shall conduct a case review to:
4-9 (1) determine the reasons for the noncompliance of the
4-10 person with a requirement of the responsibility agreement under
4-11 Section 31.0031(d)(4);
4-12 (2) identify any barriers or other factors that
4-13 contributed to the person's inability to comply with that
4-14 requirement; and
4-15 (3) determine appropriate preventive and support
4-16 services to address and remove any barriers to compliance
4-17 encountered by the person.
4-18 (b) Based on the case review conducted under this section,
4-19 the department, Texas Workforce Commission, or local workforce
4-20 development board, as appropriate, shall refer the person and the
4-21 person's family to appropriate preventive and support services
4-22 provided by local community-based organizations, including
4-23 faith-based organizations. The department shall provide preventive
4-24 and support services under this section if a community-based
4-25 organization is not available to provide those services.
4-26 (c) Preventive and support services to which an agency or
4-27 board may refer a person and the person's family under this section
5-1 may include family counseling and mentoring.
5-2 SECTION 6. Subchapter A, Chapter 31, Human Resources Code, is
5-3 amended by adding Section 31.0038 to read as follows:
5-4 Sec. 31.0038. EARNED INCOME DISREGARDS FOR EMPLOYMENT. (a)
5-5 If an adult recipient of financial assistance becomes employed
5-6 while receiving the assistance, the department may not consider a
5-7 significant portion of any earned income received by the recipient
5-8 during the first six months of employment for purposes of
5-9 determining:
5-10 (1) the amount of financial assistance granted to an
5-11 individual for the support of dependent children; or
5-12 (2) whether the family meets household income and
5-13 resource requirements for financial assistance.
5-14 (b) In adopting rules under this section, the department
5-15 shall:
5-16 (1) prescribe the portion of a recipient's income, not
5-17 to exceed 90 percent, that the department may not consider;
5-18 (2) ensure that this section applies only to
5-19 recipients who earn income in an amount that does not exceed the
5-20 maximum gross income limit set by the department under Section
5-21 31.003; and
5-22 (3) consider in determining the amount to be
5-23 disregarded under Subsection (a) the total amount the department
5-24 estimates to be available to provide financial assistance to
5-25 eligible recipients.
5-26 SECTION 7. If before implementing any provision of this Act a
5-27 state agency determines that a waiver or other authorization from
6-1 a federal agency is necessary for implementation, the department
6-2 shall request the waiver or authorization and may delay
6-3 implementing that provision until the waiver or authorization is
6-4 granted.
6-5 SECTION 8. The change in law made by Section 31.0038, Human
6-6 Resources Code, as added by this Act, applies only to a person who
6-7 receives financial assistance under Chapter 31, Human Resources
6-8 Code, on or after the effective date of this Act, regardless of the
6-9 date on which eligibility for the financial assistance was
6-10 determined.
6-11 SECTION 9. This Act takes effect September 1, 2001.