1-1 By: Naishtat (Senate Sponsor - Zaffirini) H.B. No. 1006
1-2 (In the Senate - Received from the House May 2, 2001;
1-3 May 3, 2001, read first time and referred to Committee on Health
1-4 and Human Services; May 8, 2001, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 7, Nays 1;
1-6 May 8, 2001, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 1006 By: Moncrief
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to exemptions and exceptions from work or employment
1-11 activity requirements under the temporary assistance for needy
1-12 families program.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Section 31.012, Human Resources Code, is amended
1-15 to read as follows:
1-16 Sec. 31.012. MANDATORY WORK OR PARTICIPATION IN EMPLOYMENT
1-17 ACTIVITIES THROUGH THE JOB OPPORTUNITIES AND BASIC SKILLS PROGRAM.
1-18 (a) Except as otherwise provided by this section, the [The]
1-19 department shall require that, during any one-month period in which
1-20 an adult is receiving financial assistance under this chapter, the
1-21 adult shall during that period:
1-22 (1) work not less than 30 hours a week; or
1-23 (2) participate for not less than 20 hours a week in
1-24 an activity established under the job opportunities and basic
1-25 skills (JOBS) training program under Part F, Subchapter IV, Social
1-26 Security Act (42 U.S.C. Section 682).
1-27 (b) For purposes of Subsection (a)(1), "work" includes
1-28 self-employment activities.
1-29 (c) Subsection (a) does not apply to a person who:
1-30 (1) has reached full retirement age under the federal
1-31 Social Security program;
1-32 (2) is the caretaker of a child or adult who has a
1-33 permanent illness, physical disability, or mental disability
1-34 lasting longer than 180 days and who requires the caretaker's
1-35 substantial presence;
1-36 (3) is permanently disabled, or is incapacitated for
1-37 longer than 180 days and is unable to work as confirmed by a
1-38 physician's statement;
1-39 (4) is pregnant and cannot work as a result of the
1-40 pregnancy; or
1-41 (5) is a single person who is the caretaker of a child
1-42 under the age of one, provided that the child was not born after
1-43 the person first became eligible for assistance.
1-44 (d) The department, the Texas Workforce Commission, and the
1-45 local workforce development boards shall develop plans for
1-46 providing outreach services to assist persons exempt under
1-47 Subsections (c)(1)-(4) from the requirements of this section in
1-48 becoming self-supporting. The plans must include procedures under
1-49 which the department provides relevant information regarding the
1-50 exempted persons, including contact information, to the commission
1-51 and the local workforce development boards. The outreach services
1-52 provided under the plans must include:
1-53 (1) making support services available, including
1-54 workforce services provided by local workforce development boards;
1-55 and
1-56 (2) providing referrals to other appropriate services,
1-57 including services provided by the Texas Rehabilitation Commission,
1-58 the Texas Commission on Alcohol and Drug Abuse, or community
1-59 organizations.
1-60 (e) The department by rule shall establish criteria for good
1-61 cause noncompliance and for notification procedures regarding
1-62 participation in work or employment activities under this section.
1-63 (f) The Texas Workforce Commission and local workforce
1-64 development boards shall work diligently with a person excepted for
2-1 good cause from work or employment activities under Subsection (e)
2-2 to remedy the circumstances that constitute good cause so that the
2-3 person can become self-supporting.
2-4 (g) [(c) A person who is the caretaker of a physically or
2-5 mentally disabled child who requires the caretaker's presence is
2-6 not required to participate in a program under this section.
2-7 Effective January 1, 2000, a single person who is the caretaker of
2-8 a child is not required to participate in a program under this
2-9 section until the caretaker's youngest child at the time the
2-10 caretaker first became eligible for assistance reaches the age of
2-11 three. Effective September 1, 2000, a single person who is the
2-12 caretaker of a child is exempt until the caretaker's youngest child
2-13 at the time the caretaker first became eligible for assistance
2-14 reaches the age of two. Effective September 1, 2001, a single
2-15 person who is the caretaker of a child is exempt until the
2-16 caretaker's youngest child at the time the caretaker first became
2-17 eligible for assistance reaches the age of one.] Notwithstanding
2-18 Sections 31.0035(b) and 32.0255(b), the department shall provide to
2-19 a person who is exempt under Subsection (c)(2) or (5) [this
2-20 subsection] and who voluntarily participates in a program under
2-21 Subsection (a)(2) six months of transitional benefits in addition
2-22 to the applicable limit prescribed by Section 31.0065.
2-23 (h) [(d)] A state program operated under this section shall
2-24 be administered by the division of workforce development of the
2-25 Texas Workforce Commission when the program is transferred to that
2-26 commission.
2-27 (i) [(e)] The department shall allow a person who is
2-28 participating in work or employment activities under this section
2-29 to complete those activities if the person becomes ineligible to
2-30 receive financial assistance under this chapter because the person
2-31 receives child support in an amount that makes the person
2-32 ineligible for that assistance. The department shall provide to
2-33 the person necessary child care services until the date on which
2-34 the person completes work or employment activities under this
2-35 section.
2-36 (j) [(f)] In this section, "caretaker of a child" means the
2-37 parent or relative of a dependent child with whom the child
2-38 primarily resides, including a parent or relative who has been
2-39 appointed under a court order as sole managing conservator or joint
2-40 managing conservator of the child.
2-41 SECTION 2. Section 31.0035(b), Human Resources Code, is
2-42 amended to read as follows:
2-43 (b) Except as provided by Section 31.012(g) [31.012(c)], the
2-44 department may provide the child-care services only until the
2-45 earlier of:
2-46 (1) the end of the applicable period prescribed by
2-47 Section 31.0065 for the provision of transitional benefits; or
2-48 (2) the first anniversary of the date on which the
2-49 person becomes ineligible for financial assistance because of
2-50 increased household income.
2-51 SECTION 3. Section 31.0065(d), Human Resources Code, is
2-52 amended to read as follows:
2-53 (d) The computation of time limits under Subsection (b)
2-54 begins when the adult or teen parent recipient receives
2-55 notification under Section 31.012(e) [31.012(b)] of the
2-56 availability of an opening in and eligibility for the job
2-57 opportunity and basic skills (JOBS) program Part F, Subchapter IV,
2-58 Social Security Act (42 U.S.C. Section 682).
2-59 SECTION 4. Section 32.0255(b), Human Resources Code, is
2-60 amended to read as follows:
2-61 (b) Except as provided by Section 31.012(g) [31.012(c)], the
2-62 state may provide the medical assistance only until the earlier of:
2-63 (1) the end of the applicable period prescribed by
2-64 Section 31.0065 for the provision of transitional benefits; or
2-65 (2) the first anniversary of the date on which the
2-66 person becomes ineligible for financial assistance because of
2-67 increased household income.
2-68 SECTION 5. (a) Each local workforce development board
2-69 shall:
3-1 (1) assess current resources available to provide
3-2 services to each group of persons described by Sections
3-3 31.012(c)(1)-(4), Human Resources Code, as amended by this Act;
3-4 (2) develop a plan for providing services to each of
3-5 those groups of persons to meet the needs of those persons and
3-6 assist those persons in becoming self-sufficient; and
3-7 (3) not later than a date specified by the Texas
3-8 Workforce Commission, provide the commission with:
3-9 (A) information regarding additional resources
3-10 necessary to fully implement the plans developed under Subdivision
3-11 (2) of this subsection; and
3-12 (B) policy recommendations regarding the
3-13 provision of services to the persons addressed by those plans, such
3-14 as alternate work activities, alternate program requirements, or
3-15 modifications to the composition of local workforce development
3-16 boards to ensure that the boards include persons with appropriate
3-17 expertise regarding necessary services.
3-18 (b) Not later than December 1, 2003, the Texas Workforce
3-19 Commission shall submit a report to the legislature that contains:
3-20 (1) the information and policy recommendations
3-21 provided to the commission under Subsection (a)(3) of this section;
3-22 and
3-23 (2) the commission's evaluation of that information
3-24 and those policy recommendations.
3-25 SECTION 6. If before implementing any provision of this Act
3-26 a state agency determines that a waiver or authorization from a
3-27 federal agency is necessary for implementation of that provision,
3-28 the agency affected by the provision shall request the waiver or
3-29 authorization and may delay implementing that provision until the
3-30 waiver or authorization is granted.
3-31 SECTION 7. This Act takes effect September 1, 2001, and
3-32 applies to a person receiving financial assistance on or after that
3-33 date, regardless of the date on which eligibility for financial
3-34 assistance was determined.
3-35 * * * * *