By Naishtat H.B. No. 1006
77R4950 KKA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain exemptions from work or employment activity
1-3 requirements under the temporary assistance for needy families
1-4 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 a person [an adult] is receiving financial assistance under this
1-13 chapter, the person [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):
1-20 (1) "work" includes self-employment activities; and
1-21 (2) the requirement is satisfied, regardless of the
1-22 number of hours actually worked, if the person's weekly earnings
1-23 equal at least the amount that would be received by a person
1-24 working 30 hours at an hourly rate equal to the federal minimum
2-1 hourly wage.
2-2 (c) Subsection (a) does not apply to a person who:
2-3 (1) is younger than 16 years of age;
2-4 (2) is 60 years of age or older;
2-5 (3) is 16, 17, or 18 years of age and is a full-time
2-6 student in an elementary, secondary, vocational, or technical
2-7 school;
2-8 (4) is the caretaker of an ill or disabled adult who
2-9 requires the caretaker's presence;
2-10 (5) is temporarily disabled for not more than 90 days,
2-11 as determined by the department on the basis of the person's
2-12 statement;
2-13 (6) is permanently disabled, as determined by the
2-14 department on the basis of department observations and, if
2-15 necessary, verification by a physician's statement;
2-16 (7) is a full-time VISTA volunteer; or
2-17 (8) demonstrates to the department that the only work
2-18 or employment activity available to the person:
2-19 (A) requires a round-trip commuting time of more
2-20 than two hours to and from the person's residence; or
2-21 (B) cannot be reached by walking, and
2-22 transportation is unavailable.
2-23 (d) To the extent permitted by federal law, the department
2-24 shall also consider a person described by Subsection (c) as exempt
2-25 on the basis of hardship from mandatory work requirements imposed
2-26 by federal law if the circumstances entitling the person to an
2-27 exemption under Subsection (c) continue to exist after the time
3-1 that the department would otherwise be required to include the
3-2 person in determining the state's work participation rate under
3-3 federal law.
3-4 (e) The department and the Texas Workforce Commission, as
3-5 appropriate, shall provide outreach services to assist a person who
3-6 is exempt from the requirements of this section in becoming
3-7 self-supporting. The outreach services must include:
3-8 (1) making support services available to the person,
3-9 including workforce services provided by local workforce
3-10 development boards; and
3-11 (2) providing referrals to other appropriate services,
3-12 including services provided by the Texas Rehabilitation Commission,
3-13 the Texas Commission on Alcohol and Drug Abuse, or community
3-14 organizations.
3-15 (f) The department by rule shall establish criteria for good
3-16 cause noncompliance and for notification procedures regarding
3-17 participation in work or employment activities under this section.
3-18 (g) [(c)] A person who is the caretaker of a physically or
3-19 mentally disabled child who requires the caretaker's presence is
3-20 not required to participate in a program under this section. A
3-21 [Effective January 1, 2000, a single person who is the caretaker of
3-22 a child is not required to participate in a program under this
3-23 section until the caretaker's youngest child at the time the
3-24 caretaker first became eligible for assistance reaches the age of
3-25 three. Effective September 1, 2000, a single person who is the
3-26 caretaker of a child is exempt until the caretaker's youngest child
3-27 at the time the caretaker first became eligible for assistance
4-1 reaches the age of two. Effective September 1, 2001, a] single
4-2 person who is the caretaker of a child is exempt until the
4-3 caretaker's youngest child at the time the caretaker first became
4-4 eligible for assistance reaches the age of one. Notwithstanding
4-5 Sections 31.0035(b) and 32.0255(b), the department shall provide to
4-6 a person who is exempt under this subsection and who voluntarily
4-7 participates in a program under Subsection (a)(2) six months of
4-8 transitional benefits in addition to the applicable limit
4-9 prescribed by Section 31.0065.
4-10 (h) [(d)] A state program operated under this section shall
4-11 be administered by the division of workforce development of the
4-12 Texas Workforce Commission when the program is transferred to that
4-13 commission.
4-14 (i) [(e)] The department shall allow a person who is
4-15 participating in work or employment activities under this section
4-16 to complete those activities if the person becomes ineligible to
4-17 receive financial assistance under this chapter because the person
4-18 receives child support in an amount that makes the person
4-19 ineligible for that assistance. The department shall provide to
4-20 the person necessary child care services until the date on which
4-21 the person completes work or employment activities under this
4-22 section.
4-23 (j) [(f)] In this section, "caretaker of a child" means the
4-24 parent or relative of a dependent child with whom the child
4-25 primarily resides, including a parent or relative who has been
4-26 appointed under a court order as sole managing conservator or joint
4-27 managing conservator of the child.
5-1 SECTION 2. Section 31.0034, Human Resources Code, is amended
5-2 to read as follows:
5-3 Sec. 31.0034. ANNUAL REPORT. The department shall prepare
5-4 and submit an annual report to the legislature that contains
5-5 statistical information regarding persons who are applying for or
5-6 receiving financial assistance or services under this chapter,
5-7 including the number of persons receiving assistance, the type of
5-8 assistance those persons are receiving, and the length of time
5-9 those persons have been receiving the assistance. The report also
5-10 must contain information on:
5-11 (1) the number of persons to whom sanctions and time
5-12 limits apply;
5-13 (2) the number of persons under each time limit
5-14 category;
5-15 (3) the number of persons who are exempt from
5-16 participation under Section 31.012(g) [31.012(c)];
5-17 (4) the number of persons who were receiving financial
5-18 assistance under this chapter but are no longer eligible to receive
5-19 that assistance because they failed to comply with the requirements
5-20 prescribed by Section 31.0031;
5-21 (5) the number of persons who are no longer eligible
5-22 to receive financial assistance or transitional benefits under this
5-23 chapter because:
5-24 (A) the person's household income has increased
5-25 due to employment; or
5-26 (B) the person has exhausted the person's
5-27 benefits under this chapter; and
6-1 (6) the number of persons receiving child care, job
6-2 training, or other support services designed to assist the
6-3 transition to self-sufficiency.
6-4 SECTION 3. Section 31.0035(b), Human Resources Code, is
6-5 amended to read as follows:
6-6 (b) Except as provided by Section 31.012(g) [31.012(c)], the
6-7 department may provide the child-care services only until the
6-8 earlier of:
6-9 (1) the end of the applicable period prescribed by
6-10 Section 31.0065 for the provision of transitional benefits; or
6-11 (2) the first anniversary of the date on which the
6-12 person becomes ineligible for financial assistance because of
6-13 increased household income.
6-14 SECTION 4. Section 31.0065(d), Human Resources Code, is
6-15 amended to read as follows:
6-16 (d) The computation of time limits under Subsection (b)
6-17 begins when the adult or teen parent recipient receives
6-18 notification under Section 31.012(f) [31.012(b)] of the
6-19 availability of an opening in and eligibility for the job
6-20 opportunity and basic skills (JOBS) program Part F, Subchapter IV,
6-21 Social Security Act (42 U.S.C. Section 682).
6-22 SECTION 5. Section 32.0255(b), Human Resources Code, is
6-23 amended to read as follows:
6-24 (b) Except as provided by Section 31.012(g) [31.012(c)], the
6-25 state may provide the medical assistance only until the earlier of:
6-26 (1) the end of the applicable period prescribed by
6-27 Section 31.0065 for the provision of transitional benefits; or
7-1 (2) the first anniversary of the date on which the
7-2 person becomes ineligible for financial assistance because of
7-3 increased household income.
7-4 SECTION 6. If before implementing any provision of this Act a
7-5 state agency determines that a waiver or authorization from a
7-6 federal agency is necessary for implementation of that provision,
7-7 the agency affected by the provision shall request the waiver or
7-8 authorization and may delay implementing that provision until the
7-9 waiver or authorization is granted.
7-10 SECTION 7. This Act takes effect September 1, 2001, and
7-11 applies to a person receiving financial assistance on or after that
7-12 date, regardless of the date on which eligibility for financial
7-13 assistance was determined.