77R12675 KKA-D By Naishtat, et al. H.B. No. 1005 Substitute the following for H.B. No. 1005: By Naishtat C.S.H.B. No. 1005 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the creation of a state program of temporary assistance 1-3 and related support services for needy persons. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subtitle C, Title 2, Human Resources Code, is 1-6 amended by adding Chapter 34 to read as follows: 1-7 CHAPTER 34. STATE TEMPORARY ASSISTANCE AND SUPPORT SERVICES 1-8 PROGRAM 1-9 Sec. 34.001. DEFINITIONS. In this chapter: 1-10 (1) "Related support services" means services 1-11 considered under federal law to be a component of money payments 1-12 for purposes of the financial assistance program authorized by 1-13 Chapter 31. 1-14 (2) "Temporary assistance" means money payments for 1-15 needy persons authorized by this chapter. 1-16 Sec. 34.002. DEVELOPMENT AND IMPLEMENTATION OF STATE 1-17 PROGRAM; FUNDING. (a) The Health and Human Services Commission, 1-18 the department, and the Texas Workforce Commission, with the 1-19 participation of local workforce development boards, shall jointly 1-20 develop and implement a state program of temporary assistance and 1-21 related support services that is distinct from the financial 1-22 assistance program authorized by Chapter 31. 1-23 (b) Temporary assistance and related support services may be 1-24 provided under the state program only to: 2-1 (1) two-parent families; or 2-2 (2) persons residing in minimum service counties, as 2-3 defined by the Texas Workforce Commission. 2-4 (c) Temporary assistance and related support services 2-5 provided under the state program may be funded only with state 2-6 money. 2-7 Sec. 34.003. RULES. (a) The Health and Human Services 2-8 Commission, the department, and the Texas Workforce Commission 2-9 shall adopt all rules necessary for implementation of the state 2-10 program, including rules regarding eligibility, work requirements, 2-11 work exemptions, time limits, and related support services. 2-12 (b) The rules must be designed to result in a state program 2-13 that is substantively identical to the financial assistance program 2-14 authorized by Chapter 31, except to the extent that programmatic 2-15 differences are appropriate because of the populations served by 2-16 those programs and the sources of funding for those programs. 2-17 (c) The Health and Human Services Commission, the 2-18 department, and the Texas Workforce Commission shall form an 2-19 interagency work group to develop the rules required under this 2-20 section. The interagency work group shall provide for 2-21 participation in development of the rules by representatives of 2-22 local workforce development boards. 2-23 Sec. 34.004. PROCEDURES APPLICABLE TO PERSONS RESIDING IN 2-24 MINIMUM SERVICE COUNTIES. The Health and Human Services Commission, 2-25 the department, and the Texas Workforce Commission shall develop 2-26 and implement procedures to: 2-27 (1) determine the date on which a person's eligibility 3-1 for temporary assistance and related support services based on 3-2 residency in a minimum service county, as defined by the Texas 3-3 Workforce Commission, will cease as a result of the county's 3-4 reclassification; and 3-5 (2) provide for establishment of that person's 3-6 eligibility for financial assistance and related support services 3-7 under Chapter 31 in a manner that avoids disruption of benefits for 3-8 which the person is eligible. 3-9 Sec. 34.005. ELIGIBILITY FOR MEDICAL ASSISTANCE. A recipient 3-10 of temporary assistance and related support services under the 3-11 state program is eligible for medical assistance under Chapter 32 3-12 in the same manner as a person receiving financial assistance under 3-13 Chapter 31. 3-14 Sec. 34.006. REPORT. The Health and Human Services 3-15 Commission, the department, and the Texas Workforce Commission 3-16 shall monitor implementation and operation of the state program 3-17 and, not later than December 1 of each year, jointly report to the 3-18 governor, the legislature, and the Legislative Budget Board on the 3-19 status and use of the state program. 3-20 SECTION 2. Notwithstanding Section 34.006, Human Resources 3-21 Code, as added by this Act, the Health and Human Services 3-22 Commission, the Texas Department of Human Services, and the Texas 3-23 Workforce Commission shall submit the report required by that 3-24 section beginning with the report due not later than December 1, 3-25 2002. 3-26 SECTION 3. If before implementing any provision of this Act a 3-27 state agency determines that a waiver or authorization from a 4-1 federal agency is necessary for implementation of that provision, 4-2 the agency affected by the provision shall request the waiver or 4-3 authorization and may delay implementing that provision until the 4-4 waiver or authorization is granted. 4-5 SECTION 4. This Act takes effect September 1, 2001.