By Naishtat H.B. No. 1002
77R1631 KKA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to good cause exemptions from work or employment activity
1-3 requirements under the temporary assistance for needy families
1-4 program.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 31.012, Human Resources Code, is amended
1-7 by amending Subsections (b) and (f) and adding Subsections (g) and
1-8 (h) to read as follows:
1-9 (b) The department by rule shall establish criteria for good
1-10 cause noncompliance and for notification procedures regarding
1-11 participation in work or employment activities under this section.
1-12 In addition to any other criteria established by the department,
1-13 the criteria for good cause noncompliance must provide for:
1-14 (1) an exemption from work or employment activities
1-15 under this section for a person who:
1-16 (A) is temporarily ill or incapacitated;
1-17 (B) is incarcerated or required to appear in
1-18 court;
1-19 (C) demonstrates to the department that
1-20 transportation is unavailable or that arrangements for
1-21 transportation have failed;
1-22 (D) demonstrates to the department that child
1-23 care is unavailable or that arrangements for child care have
1-24 failed;
2-1 (E) lacks other necessary support services and
2-2 the department considers participation to be impossible without
2-3 those services;
2-4 (F) receives an employment referral that results
2-5 in an offer of employment that pays less than the minimum wage,
2-6 except for work-related, on-the-job training activities identified
2-7 by the department;
2-8 (G) demonstrates to the department that the only
2-9 work or employment activity available to the person:
2-10 (i) requires a round-trip commuting time
2-11 of more than two hours to and from the person's residence; or
2-12 (ii) cannot be reached by walking, and
2-13 transportation is unavailable; or
2-14 (H) has a family crisis or other family
2-15 circumstance, including family violence, that precludes
2-16 participation; and
2-17 (2) a partial exemption under which a caretaker of a
2-18 child under the age of six who is not exempt under Subsection (c)
2-19 and who personally provides care for that child is not required to
2-20 work or participate in employment activities for more than 20 hours
2-21 a week, provided that the caretaker is not:
2-22 (A) a custodial parent who has not completed
2-23 high school or its equivalent; or
2-24 (B) a member of a two-parent household in which
2-25 one parent is able to care for the child.
2-26 (f) A person exempted under Subsection (b)(1)(H) from
2-27 participating in work or employment activities under this section
3-1 shall attempt to resolve the family crisis or other circumstance by
3-2 participating in counseling or other support services identified by
3-3 the department through appropriate referrals.
3-4 (g) The department shall reevaluate an exemption granted
3-5 under Subsection (b)(1)(H) that is based on family violence at
3-6 least once during each 90-day period following the date on which
3-7 the department granted the exemption. The department may not grant
3-8 the exemption for longer than a total of 12 months.
3-9 (h) In this section, "caretaker of a child" means the parent
3-10 or relative of a dependent child with whom the child primarily
3-11 resides, including a parent or relative who has been appointed
3-12 under a court order as sole managing conservator or joint managing
3-13 conservator of the child.
3-14 SECTION 2. If before implementing any provision of this Act
3-15 a state agency determines that a waiver or authorization from a
3-16 federal agency is necessary for implementation of that provision,
3-17 the agency affected by the provision shall request the waiver or
3-18 authorization and may delay implementing that provision until the
3-19 waiver or authorization is granted.
3-20 SECTION 3. This Act takes effect September 1, 2001, and
3-21 applies to a person receiving financial assistance on or after that
3-22 date, regardless of the date on which eligibility for financial
3-23 assistance was determined.