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.