By Naishtat                                           H.B. No. 1005
         77R3850 KKA-D                           
                                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     Appropriate programmatic differences may include different
2-18     eligibility criteria, work requirements, work exemptions, time
2-19     limits, and related support services.
2-20           (c)  The Health and Human Services Commission, the
2-21     department, and the Texas Workforce Commission shall form an
2-22     interagency work group to develop the rules required under this
2-23     section.  The interagency work group shall provide for
2-24     participation in development of the rules by representatives of
2-25     local workforce development boards.
2-26           Sec. 34.004.  PROCEDURES APPLICABLE TO PERSONS RESIDING IN
2-27     MINIMUM SERVICE COUNTIES. The Health and Human Services Commission,
 3-1     the department, and the Texas Workforce Commission shall develop
 3-2     and implement procedures to:
 3-3                 (1)  determine the date on which a person's eligibility
 3-4     for  temporary assistance and related support services based on
 3-5     residency in a minimum service county, as defined by the Texas
 3-6     Workforce Commission, will cease as a result of the county's
 3-7     reclassification; and
 3-8                 (2)  provide for establishment of that person's
 3-9     eligibility for financial assistance and related support services
3-10     under Chapter 31 in a manner that avoids disruption of benefits to
3-11     which the person is entitled.
3-12           Sec. 34.005.  ELIGIBILITY FOR MEDICAL ASSISTANCE. A recipient
3-13     of temporary assistance and related support services under the
3-14     state program is eligible for medical assistance under Chapter 32
3-15     in the same manner as a person receiving financial assistance under
3-16     Chapter 31.
3-17           Sec. 34.006.  REPORT. The Health and Human Services
3-18     Commission, the department, and the Texas Workforce Commission
3-19     shall monitor implementation and operation of the state program
3-20     and, not later than December 1 of each year, jointly report to the
3-21     governor, the legislature, and the Legislative Budget Board on the
3-22     status and use of the state program.
3-23           SECTION 2. Notwithstanding Section 34.006, Human Resources
3-24     Code, as added by this Act, the Health and Human Services
3-25     Commission, the Texas Department of Human Services, and the Texas
3-26     Workforce Commission shall submit the report required by that
3-27     section beginning with the report due not later than December 1,
 4-1     2002.
 4-2           SECTION 3. If before implementing any provision of this Act a
 4-3     state agency determines that a waiver or authorization from a
 4-4     federal agency is necessary for implementation of that provision,
 4-5     the agency affected by the provision shall request the waiver or
 4-6     authorization and may delay implementing that provision until the
 4-7     waiver or authorization is granted.
 4-8           SECTION 4. This Act takes effect September 1, 2001.