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.