1-1                                   AN ACT
 1-2     relating to exemptions and exceptions from work or employment
 1-3     activity requirements under the temporary assistance for needy
 1-4     families 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     to read as follows:
 1-8           Sec. 31.012.  MANDATORY WORK OR PARTICIPATION IN EMPLOYMENT
 1-9     ACTIVITIES THROUGH THE JOB OPPORTUNITIES AND BASIC SKILLS PROGRAM.
1-10     (a) Except as otherwise provided by this section, the [The]
1-11     department shall require that, during any one-month period in which
1-12     an adult is receiving financial assistance under this chapter, the
1-13     adult shall during that period:
1-14                 (1)  work not less than 30 hours a week; or
1-15                 (2)  participate for not less than 20 hours a week in
1-16     an activity established under the job opportunities and basic
1-17     skills (JOBS) training program under Part F, Subchapter IV, Social
1-18     Security Act (42 U.S.C. Section 682).
1-19           (b)  For purposes of Subsection (a)(1), "work" includes
1-20     self-employment activities.
1-21           (c)  Subsection (a)  does not apply to a person who:
1-22                 (1)  is 60 years of age or older;
1-23                 (2)  is the caretaker of a child or adult who is ill or
1-24     has a physical or mental disability and who requires the
 2-1     caretaker's presence;
 2-2                 (3)  is permanently disabled, or is incapacitated for
 2-3     longer than 180 days and is unable to work as confirmed by a
 2-4     physician's statement;
 2-5                 (4)  is pregnant and cannot work as a result of the
 2-6     pregnancy; or
 2-7                 (5)  is a single person who is the caretaker of a child
 2-8     under the age of one, provided that the child was not born after
 2-9     the person first became eligible for assistance.
2-10           (d)  The department, the Texas Workforce Commission, and the
2-11     local workforce development boards shall develop plans for
2-12     providing outreach services to assist persons exempt under
2-13     Subsections (c)(1)-(4) from the requirements of this section in
2-14     becoming self-supporting.  The plans must include procedures under
2-15     which the department provides relevant information regarding the
2-16     exempted persons, including contact information, to the commission
2-17     and the local workforce development boards.  The outreach services
2-18     provided under the plans must include:
2-19                 (1)  making support services available, including
2-20     workforce services provided by local workforce development boards;
2-21     and
2-22                 (2)  providing referrals to other appropriate services,
2-23     including services provided by the Texas Rehabilitation Commission,
2-24     the Texas Commission on Alcohol and Drug Abuse, or community
2-25     organizations.
2-26           (e)  The department by rule shall establish criteria for good
2-27     cause noncompliance and for notification procedures regarding
 3-1     participation in work or employment activities under this section.
 3-2     In addition to any other criteria established by the department,
 3-3     the criteria for good cause noncompliance must provide for:
 3-4                 (1)  an exception from work or employment activities
 3-5     under this section for a person who:
 3-6                       (A)  is temporarily ill or incapacitated;
 3-7                       (B)  is one parent in a two-parent family and the
 3-8     other parent is incarcerated;
 3-9                       (C)  is required to appear in court;
3-10                       (D)  has a temporary medical condition related to
3-11     pregnancy, if the condition arises after certification of the
3-12     person for financial assistance;
3-13                       (E)  demonstrates to the department that
3-14     transportation is unavailable or that arrangements for
3-15     transportation have failed;
3-16                       (F)  demonstrates to the department that child
3-17     care is unavailable or that arrangements for child care have
3-18     failed;
3-19                       (G)  lacks other necessary support services and
3-20     the department considers participation to be impossible without
3-21     those services;
3-22                       (H)  receives an employment referral that results
3-23     in an offer of  employment that pays less than the minimum wage,
3-24     except for work-related, on-the-job training activities identified
3-25     by the department;
3-26                       (I)  demonstrates to the department that the only
3-27     work or employment activity available to the person:
 4-1                             (i)  requires a round-trip commuting time
 4-2     of more than two hours to and from the person's residence; or
 4-3                             (ii)  cannot be reached by walking, and
 4-4     transportation is unavailable; or
 4-5                       (J)  has a family crisis or other family
 4-6     circumstance, including family violence, that precludes
 4-7     participation; and
 4-8                 (2)  a partial exception under which a caretaker of a
 4-9     child under the age of six who is not exempt under Subsection (c)
4-10     and who personally provides care for that child is not required to
4-11     work or participate in employment activities for more than 20 hours
4-12     a week, provided that the caretaker is not:
4-13                       (A)  a custodial parent who has not completed
4-14     high school or its equivalent; or
4-15                       (B)  a member of a two-parent household in which
4-16     one parent is able to care for the child.
4-17           (f)  The Texas Workforce Commission and local workforce
4-18     development boards shall work diligently with a person excepted for
4-19     good cause from work or employment activities under Subsection (e)
4-20     to remedy the circumstances that constitute good cause so that the
4-21     person can become self-supporting.
4-22           (g) [(c)  A person who is the caretaker of a physically or
4-23     mentally disabled child who requires the caretaker's presence is
4-24     not required to participate in a program under this section.
4-25     Effective January 1, 2000, a single person who is the caretaker of
4-26     a child is not required to participate in a program under this
4-27     section until the caretaker's youngest child at the time the
 5-1     caretaker first became eligible for assistance reaches the age of
 5-2     three. Effective September 1, 2000, a single person who is the
 5-3     caretaker of a child is exempt until the caretaker's youngest child
 5-4     at the time the caretaker first became eligible for assistance
 5-5     reaches the age of two.  Effective September 1, 2001, a single
 5-6     person who is the caretaker of a child is exempt until the
 5-7     caretaker's youngest child at the time the caretaker first became
 5-8     eligible for assistance reaches the age of one.]  Notwithstanding
 5-9     Sections 31.0035(b) and 32.0255(b), the department shall provide to
5-10     a person who is exempt under Subsection (c)(2) or (5) [this
5-11     subsection] and who voluntarily participates in a program under
5-12     Subsection (a)(2) six months of transitional benefits in addition
5-13     to the applicable limit prescribed by Section 31.0065.
5-14           (h) [(d)]  A state program operated under this section shall
5-15     be administered by the division of workforce development of the
5-16     Texas Workforce Commission when the program is transferred to that
5-17     commission.
5-18           (i) [(e)]  The department shall allow a person who is
5-19     participating in work or employment activities under this section
5-20     to complete those activities if the person becomes ineligible to
5-21     receive financial assistance under this chapter because the person
5-22     receives child support in an amount that makes the person
5-23     ineligible for that assistance.  The department shall provide to
5-24     the person necessary child care services until the date on which
5-25     the person completes work or employment activities under this
5-26     section.
5-27           (j) [(f)]  In this section, "caretaker of a child" means the
 6-1     parent or relative of a dependent child with whom the child
 6-2     primarily resides, including a parent or relative who has been
 6-3     appointed under a court order as sole managing conservator or joint
 6-4     managing conservator of the child.
 6-5           SECTION 2. Section 31.0035(b), Human Resources Code, is
 6-6     amended to read as follows:
 6-7           (b)  Except as provided by Section 31.012(g) [31.012(c)], the
 6-8     department may provide the child-care services only until the
 6-9     earlier of:
6-10                 (1)  the end of the applicable period prescribed by
6-11     Section 31.0065 for the provision of transitional benefits; or
6-12                 (2)  the first anniversary of the date on which the
6-13     person becomes ineligible for financial assistance because of
6-14     increased household income.
6-15           SECTION 3. Section 31.0065(d), Human Resources Code, is
6-16     amended to read as follows:
6-17           (d)  The computation of time limits under Subsection (b)
6-18     begins when the adult or teen parent recipient receives
6-19     notification under Section 31.012(e) [31.012(b)] of the
6-20     availability of an opening in and eligibility for the job
6-21     opportunity and basic skills (JOBS) program Part F, Subchapter IV,
6-22     Social Security Act (42 U.S.C. Section 682).
6-23           SECTION 4.  Section 32.0255(b), Human Resources Code, is
6-24     amended to read as follows:
6-25           (b)  Except as provided by Section 31.012(g) [31.012(c)], the
6-26     state may provide the medical assistance only until the earlier of:
6-27                 (1)  the end of the applicable period prescribed by
 7-1     Section 31.0065 for the provision of transitional benefits; or
 7-2                 (2)  the first anniversary of the date on which the
 7-3     person becomes ineligible for financial assistance because of
 7-4     increased household income.
 7-5           SECTION 5.  (a)  Each local workforce development board
 7-6     shall:
 7-7                 (1)  assess current resources available to provide
 7-8     services to each group of persons described by Sections
 7-9     31.012(c)(1)-(4), Human Resources Code, as amended by this Act;
7-10                 (2)  develop a plan for providing services to each of
7-11     those groups of persons to meet the needs of those persons and
7-12     assist those persons in becoming self-sufficient; and
7-13                 (3)  not later than a date specified by the Texas
7-14     Workforce Commission, provide the commission with:
7-15                       (A)  information regarding additional resources
7-16     necessary to fully implement the plans developed under Subdivision
7-17     (2) of this subsection; and
7-18                       (B)  policy recommendations regarding the
7-19     provision of services to the persons addressed by those plans, such
7-20     as alternate work activities, alternate program requirements, or
7-21     modifications to the composition of local workforce development
7-22     boards to ensure that the boards include persons with appropriate
7-23     expertise regarding necessary services.
7-24           (b)  Not later than December 1, 2003, the Texas Workforce
7-25     Commission shall submit a report to the legislature that contains:
7-26                 (1)  the information and policy recommendations
7-27     provided to the commission under Subsection (a)(3) of this section;
 8-1     and
 8-2                 (2)  the commission's evaluation of that information
 8-3     and those policy recommendations.
 8-4           SECTION 6.  If before implementing any provision of this Act
 8-5     a state agency determines that a waiver or authorization from a
 8-6     federal agency is necessary for implementation of that provision,
 8-7     the agency affected by the provision shall request the waiver or
 8-8     authorization and may delay implementing that provision until the
 8-9     waiver or authorization is granted.
8-10           SECTION 7.  This Act takes effect September 1, 2001, and
8-11     applies to a person receiving financial assistance on or after that
8-12     date, regardless of the date on which eligibility for financial
8-13     assistance was determined.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 1006 was passed by the House on May
         1, 2001, by a non-record vote; and that the House concurred in
         Senate amendments to H.B. No. 1006 on May 24, 2001, by a non-record
         vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 1006 was passed by the Senate, with
         amendments, on May 17, 2001, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor