1-1     By:  Olivo, et al. (Senate Sponsor - Zaffirini)       H.B. No. 1187
 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 favorably by the
 1-5     following vote:  Yeas 8, Nays 0; May 8, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the Parents as Scholars pilot program for certain
 1-9     recipients of temporary assistance for needy families.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1. Chapter 31, Human Resources Code, is amended by
1-12     adding Subchapter D to read as follows:
1-13              SUBCHAPTER D.  PARENTS AS SCHOLARS PILOT PROGRAM
1-14           Sec. 31.071.  DEFINITIONS. In this subchapter:
1-15                 (1)  "Commission" means the Texas Workforce Commission.
1-16                 (2)  "Institution of higher education" includes a
1-17     private or independent institution of higher education.
1-18                 (3)  "Program" means the Parents as Scholars pilot
1-19     program established under this subchapter.
1-20           Sec. 31.072.  PARENTS AS SCHOLARS PILOT PROGRAM. The
1-21     commission by rule shall establish a Parents as Scholars pilot
1-22     program under which recipients of financial assistance
1-23     participating in the program are allowed to fulfill applicable work
1-24     or employment activities requirements by engaging in educational
1-25     activities designed to result in receipt of a postsecondary degree.
1-26           Sec. 31.073.  SELECTION OF PROGRAM PARTICIPANTS; EDUCATION
1-27     ASSESSMENT. (a)  A recipient of financial assistance is eligible
1-28     for consideration as a program participant if the recipient:
1-29                 (1)  is certified as eligible to receive financial
1-30     assistance for not more than 12 months in accordance with Section
1-31     31.0065(b)(1);
1-32                 (2)  is the parent of at least one dependent child
1-33     younger than 18 years of age;
1-34                 (3)  has a high school diploma, a high school
1-35     equivalency certificate, or an associate degree; and
1-36                 (4)  is not exempt from work or employment activities
1-37     required under Section 31.012.
1-38           (b)  Unless positions in the program are unavailable, the
1-39     commission shall conduct an education assessment of each recipient
1-40     described by Subsection (a) to determine the recipient's ability to
1-41     obtain a postsecondary degree.  The education assessment must
1-42     include consideration of the recipient's:
1-43                 (1)  educational achievement;
1-44                 (2)  performance in the areas of reading, writing, and
1-45     mathematics on an assessment instrument prescribed and administered
1-46     by the commission; and
1-47                 (3)  possession of skills that would enable the
1-48     recipient to secure employment providing a salary equal to at least
1-49     85 percent of the state median income.
1-50           (c)  The education assessment must be conducted after the
1-51     recipient attends the commission's employment planning session
1-52     under the CHOICES program, but before development of the
1-53     recipient's individual employment plan.
1-54           (d)  The commission may offer a recipient the opportunity to
1-55     participate in the program if the commission determines that the
1-56     recipient:
1-57                 (1)  has the ability, as determined through the
1-58     education assessment, to obtain a postsecondary degree;
1-59                 (2)  has the ability to complete, within the 12-month
1-60     period in which the recipient is entitled to financial assistance
1-61     under Section 31.0065(b)(1), all necessary procedures for obtaining
1-62     admission to an institution of higher education, including taking
1-63     admission examinations and completing applications for admission
1-64     and student financial aid; and
 2-1                 (3)  does not have the skills without the additional
 2-2     education that would enable the recipient to secure employment
 2-3     providing a salary equal to at least 85 percent of the state median
 2-4     income.
 2-5           Sec. 31.074.  LIMIT ON NUMBER OF PROGRAM PARTICIPANTS. (a)
 2-6     The commission may not allow more than 100 recipients to
 2-7     participate in the program at one time.
 2-8           (b)  The commission shall select recipients to participate in
 2-9     the program on a first-come, first-served basis.
2-10           Sec. 31.075.  INDIVIDUAL EDUCATION PLAN; APPLICATION FOR
2-11     ADMISSION TO AN INSTITUTION OF HIGHER EDUCATION. (a)  After
2-12     selection of a recipient for participation in the program, the
2-13     commission shall, in cooperation with the recipient, develop an
2-14     individual education plan for the recipient.  The plan must include
2-15     requirements that the recipient:
2-16                 (1)  prepare for and take any necessary examinations
2-17     for admission to an institution of higher education;
2-18                 (2)  complete at least one application for admission to
2-19     an institution of higher education; and
2-20                 (3)  apply for any student financial aid for which the
2-21     recipient is eligible.
2-22           (b)  Subject to generally applicable eligibility
2-23     requirements, a recipient continues to receive financial assistance
2-24     during the period that the recipient engages in the activities
2-25     required to obtain admission to an institution of higher education.
2-26     If a recipient is not offered admission to an institution of higher
2-27     education before the expiration of the 12-month period in which the
2-28     recipient is entitled to financial assistance under Section
2-29     31.0065(b)(1), the recipient is ineligible for continued
2-30     participation in the program.
2-31           Sec. 31.076.  APPLICABILITY OF WORK OR EMPLOYMENT ACTIVITIES
2-32     REQUIREMENTS DURING APPLICATION PERIOD. (a)  A recipient
2-33     participating in the program remains subject to the work or
2-34     employment activities requirements imposed by Section 31.012 until
2-35     the recipient begins attending an institution of higher education,
2-36     regardless of whether financial assistance is provided to the
2-37     recipient using federal funds, or cash assistance is provided to
2-38     the recipient using state funds under Section 31.078(c).
2-39           (b)  The number of hours a recipient spends on completion of
2-40     activities specified in the recipient's individual education plan
2-41     developed under Section 31.075 are included in determining the
2-42     recipient's compliance with Section 31.012. If the number of hours
2-43     the recipient spends on education plan activities is less than the
2-44     number of hours required under Section 31.012, the recipient must
2-45     also participate in permissible work or employment activities for
2-46     the number of hours necessary to result in compliance with Section
2-47     31.012.
2-48           Sec. 31.077.  ADMISSION TO AND ATTENDANCE AT INSTITUTION OF
2-49     HIGHER EDUCATION. (a)  A recipient participating in the program
2-50     shall:
2-51                 (1)  notify the commission when the recipient receives
2-52     an offer of admission to an institution of higher education that
2-53     the recipient intends to accept; and
2-54                 (2)  enroll in that institution and begin attending
2-55     classes during the first semester for which the recipient is
2-56     offered admission.
2-57           (b)  To remain eligible for participation in the program and
2-58     receipt of benefits under Section 31.078, a recipient must:
2-59                 (1)  take at least 12 credit hours each semester;
2-60                 (2)  make satisfactory academic progress, as determined
2-61     by the institution of higher education in which the recipient is
2-62     enrolled; and
2-63                 (3)  maintain eligibility for any applicable student
2-64     financial aid.
2-65           Sec. 31.078.  PROGRAM BENEFITS. (a)  Beginning on the date
2-66     that the commission determines that a recipient participating in
2-67     the program has received an offer of admission to an institution of
2-68     higher education that the recipient intends to accept, or beginning
2-69     on a date as soon after that date as practical, the recipient:
 3-1                 (1)  ceases to receive financial assistance; and
 3-2                 (2)  begins to receive monthly cash assistance in the
 3-3     amount necessary to ensure that the recipient's household receives
 3-4     the same total amount of money that the household received before
 3-5     the recipient ceased to receive financial assistance.
 3-6           (b)  A recipient participating in the program is eligible for
 3-7     child-care services, medical assistance, and food stamps in the
 3-8     same manner as a person receiving financial assistance.
 3-9           (c)  The commission shall fund monthly cash assistance and
3-10     child-care services for recipients participating in the program
3-11     with state money appropriated to the commission for that purpose.
3-12     The commission shall use the state money in a manner that ensures
3-13     that the money is included in determining the state's compliance
3-14     with federal maintenance of effort requirements under Part A, Title
3-15     IV, Social Security Act (42 U.S.C. Section 601 et seq.), as
3-16     amended.
3-17           (d)  The commission shall notify the department on
3-18     determination by the commission that a recipient is entitled to
3-19     benefits in accordance with Subsection (a), and the department
3-20     shall take all necessary administrative action to ensure that the
3-21     recipient ceases to receive financial assistance.
3-22           Sec. 31.079.  TIME LIMITS. (a)  A recipient participating in
3-23     the program who enrolls in an institution of higher education:
3-24                 (1)  is not subject to the time limits imposed by
3-25     Section 31.0065;
3-26                 (2)  is subject to applicable time limits imposed by
3-27     federal law;
3-28                 (3)  may, if the recipient is seeking an associate
3-29     degree, receive cash assistance and child-care services under the
3-30     program until the earlier of the date the recipient obtains the
3-31     degree or the date the recipient has received benefits for a total
3-32     of 36 months; and
3-33                 (4)  may, if the recipient is seeking a baccalaureate
3-34     degree, receive cash assistance and child-care services under the
3-35     program until the earlier of the date the recipient obtains the
3-36     degree or the date the recipient has received benefits for a total
3-37     of 60 months.
3-38           (b)  A recipient participating in the program who obtains an
3-39     associate degree may subsequently pursue a baccalaureate degree if
3-40     approved by the commission.  If approved, the recipient may receive
3-41     total benefits under the program for the period prescribed by
3-42     Subsection (a)(4).
3-43           Sec. 31.080.  REPORT TO LEGISLATURE. Not later than January
3-44     15, 2007, the commission shall submit to the legislature a report
3-45     relating to the program.  The report must include:
3-46                 (1)  an evaluation of the program's effectiveness in
3-47     improving employability of persons eligible for financial
3-48     assistance; and
3-49                 (2)  recommendations from the commission concerning
3-50     termination, continuation, or expansion of the program.
3-51           Sec. 31.081.  EXPIRATION. This subchapter expires September
3-52     1, 2007.
3-53           SECTION 2. Section 31.045, Human Resources Code, is repealed.
3-54           SECTION 3. If before implementing any provision of this Act a
3-55     state agency determines that a waiver or authorization from a
3-56     federal agency is necessary for implementation of that provision,
3-57     the agency affected by the provision shall request the waiver or
3-58     authorization and may delay implementing that provision until the
3-59     waiver or authorization is granted.
3-60           SECTION 4. This Act takes effect September 1, 2001.
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