1-1     By:  Naishtat, et al. (Senate Sponsor - Zaffirini)    H.B. No. 1005
 1-2           (In the Senate - Received from the House May 4, 2001;
 1-3     May 7, 2001, read first time and referred to Committee on Health
 1-4     and Human Services; May 11, 2001, reported favorably by the
 1-5     following vote:  Yeas 6, Nays 1; May 11, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the creation of a state program of temporary assistance
 1-9     and related support services for needy persons.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1. Subtitle C, Title 2, Human Resources Code, is
1-12     amended by adding Chapter 34 to read as follows:
1-13        CHAPTER 34.  STATE TEMPORARY ASSISTANCE AND SUPPORT SERVICES
1-14                                   PROGRAM
1-15           Sec. 34.001.  DEFINITIONS. In this chapter:
1-16                 (1)  "Related support services" means services
1-17     considered under federal law to be a component of money payments
1-18     for purposes of the financial assistance program authorized by
1-19     Chapter 31.
1-20                 (2)  "Temporary assistance" means money payments for
1-21     needy persons authorized by this chapter.
1-22           Sec. 34.002.  DEVELOPMENT AND IMPLEMENTATION OF STATE
1-23     PROGRAM; FUNDING. (a)  The Health and Human Services Commission,
1-24     the department, and the Texas Workforce Commission, with the
1-25     participation of local workforce development boards, shall jointly
1-26     develop and implement a state program of temporary assistance and
1-27     related support services that is distinct from the financial
1-28     assistance program authorized by Chapter 31.
1-29           (b)  Temporary assistance and related support services may be
1-30     provided under the state program only to:
1-31                 (1)  two-parent families; or
1-32                 (2)  persons residing in minimum service counties, as
1-33     defined by the Texas Workforce Commission.
1-34           (c)  Temporary assistance and related support services
1-35     provided under the state program may be funded only with state
1-36     money.
1-37           Sec. 34.003.  RULES. (a)  The Health and Human Services
1-38     Commission, the department, and the Texas Workforce Commission
1-39     shall adopt all rules necessary for implementation of the state
1-40     program, including rules regarding eligibility, work requirements,
1-41     work exemptions, time limits, and related support services.
1-42           (b)  The rules must be designed to result in a state program
1-43     that is substantively identical to the financial assistance program
1-44     authorized by Chapter 31, except to the extent that programmatic
1-45     differences are appropriate because of the populations served by
1-46     those programs and the sources of funding for those programs.
1-47           (c)  The Health and Human Services Commission, the
1-48     department, and the Texas Workforce Commission shall form an
1-49     interagency work group to develop the rules required under this
1-50     section.  The interagency work group shall provide for
1-51     participation in development of the rules by representatives of
1-52     local workforce development boards.
1-53           Sec. 34.004.  PROCEDURES APPLICABLE TO PERSONS RESIDING IN
1-54     MINIMUM SERVICE COUNTIES. The Health and Human Services Commission,
1-55     the department, and the Texas Workforce Commission shall develop
1-56     and implement procedures to:
1-57                 (1)  determine the date on which a person's eligibility
1-58     for  temporary assistance and related support services based on
1-59     residency in a minimum service county, as defined by the Texas
1-60     Workforce Commission, will cease as a result of the county's
1-61     reclassification; and
1-62                 (2)  provide for establishment of that person's
1-63     eligibility for financial assistance and related support services
1-64     under Chapter 31 in a manner that avoids disruption of benefits for
 2-1     which the person is eligible.
 2-2           Sec. 34.005.  ELIGIBILITY FOR MEDICAL ASSISTANCE. A recipient
 2-3     of temporary assistance and related support services under the
 2-4     state program is eligible for medical assistance under Chapter 32
 2-5     in the same manner as a person receiving financial assistance under
 2-6     Chapter 31.
 2-7           Sec. 34.006.  REPORT. The Health and Human Services
 2-8     Commission, the department, and the Texas Workforce Commission
 2-9     shall monitor implementation and operation of the state program
2-10     and, not later than December 1 of each year, jointly report to the
2-11     governor, the legislature, and the Legislative Budget Board on the
2-12     status and use of the state program.  The report required to be
2-13     submitted not later than December 1, 2004, must include:
2-14                 (1)  an analysis of whether the state program has
2-15     effectively met the goals of the program, including improved
2-16     delivery of services to program recipients; and
2-17                 (2)  recommendations regarding continuation of the
2-18     program.
2-19           SECTION 2. Notwithstanding Section 34.006, Human Resources
2-20     Code, as added by this Act, the Health and Human Services
2-21     Commission, the Texas Department of Human Services, and the Texas
2-22     Workforce Commission shall submit the report required by that
2-23     section beginning with the report due not later than December 1,
2-24     2002.
2-25           SECTION 3. If before implementing any provision of this Act a
2-26     state agency determines that a waiver or authorization from a
2-27     federal agency is necessary for implementation of that provision,
2-28     the agency affected by the provision shall request the waiver or
2-29     authorization and may delay implementing that provision until the
2-30     waiver or authorization is granted.
2-31           SECTION 4. This Act takes effect September 1, 2001.
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