By Naishtat                                           H.B. No. 1003
         77R540 CBH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the specification of the types of hardships that
 1-3     warrant excepting a recipient of temporary assistance for needy
 1-4     families from the imposition of time limits on the receipt of those
 1-5     benefits.
 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-7           SECTION 1. Section 31.0065, Human Resources Code, is amended
 1-8     by amending Subsections (a), (e), and (f) and adding Subsection (g)
 1-9     to read as follows:
1-10           (a)  The department may provide financial assistance under
1-11     this chapter only in accordance with the time limits specified by
1-12     this section.  In accordance with federal law, the [The] department
1-13     by rule may provide for exceptions to these time limits for reasons
1-14     of [if severe personal] hardship [or community economic factors
1-15     prevent the recipient from obtaining employment or if the state is
1-16     unable to provide support services].
1-17           (e)  In implementing the time-limited benefits program, the
1-18     department[:]
1-19                 [(1)]  shall provide that a participant in the program
1-20     may reapply with the department for financial assistance on or
1-21     after the fifth anniversary of the date on which the participant is
1-22     totally disqualified from receiving assistance because of the
1-23     application of Subsection (b)[; and]
1-24                 [(2)  shall establish the criteria for determining what
 2-1     constitutes severe personal hardship under Subsection (a)].
 2-2           (f)  If the department is imposing time-limited benefits on
 2-3     an individual, the department shall consider[:]
 2-4                 [(1)]  the assessment of the individual's need that was
 2-5     conducted by the department, provided that if the needs assessment
 2-6     indicates discrepancies between a client's self-reported
 2-7     educational level and the client's functional abilities, the time
 2-8     limits shall be based upon the functional educational level[; and]
 2-9                 [(2)  the prevailing economic and employment conditions
2-10     in the area of the state where the individual resides].
2-11           (g)  The department, the Health and Human Services
2-12     Commission, and the Texas Workforce Commission shall jointly adopt
2-13     rules prescribing what constitutes a hardship under Subsection (a)
2-14     that would warrant an exception to the imposition of time-limited
2-15     benefits.
2-16           SECTION 2. If before implementing any provision of this Act a
2-17     state agency determines that a waiver or authorization from a
2-18     federal agency is necessary for implementation of that provision,
2-19     the agency affected by the provision shall request the waiver or
2-20     authorization and may delay implementing that provision until the
2-21     waiver or authorization is granted.
2-22           SECTION 3. This Act takes effect September 1, 2001, and
2-23     applies to a person receiving financial assistance on or after that
2-24     date regardless of the date on which the person began receiving
2-25     that financial assistance.