77R12198 KLA-D
By Naishtat H.B. No. 2280
Substitute the following for H.B. No. 2280:
By Naishtat C.S.H.B. No. 2280
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the establishment of a pilot program to identify,
1-3 assess, and address the personal needs of certain recipients of
1-4 financial assistance.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. The section heading to Section 31.0095, Human
1-7 Resources Code, is amended to read as follows:
1-8 Sec. 31.0095. EMPLOYABILITY-NEEDS [NEEDS] ASSESSMENT.
1-9 SECTION 2. The section heading to Section 31.010, Human
1-10 Resources Code, is amended to read as follows:
1-11 Sec. 31.010. SUPPORT SERVICES RELATED TO EMPLOYABILITY OF A
1-12 RECIPIENT.
1-13 SECTION 3. Chapter 31, Human Resources Code, is amended by
1-14 adding Subchapter D to read as follows:
1-15 SUBCHAPTER D. COORDINATED CASE MANAGEMENT PILOT PROGRAM
1-16 Sec. 31.071. COORDINATED CASE MANAGEMENT PILOT PROGRAM. (a)
1-17 The department and the Texas Workforce Commission shall jointly
1-18 develop and adopt a memorandum of understanding to establish a
1-19 coordinated case management pilot program to conduct a
1-20 personal-needs assessment for each recipient of financial
1-21 assistance participating in the program and to provide case
1-22 management services to recipients who, based on that assessment,
1-23 are referred for those services.
1-24 (b) The memorandum of understanding required by this section
2-1 must specify the goals, tasks, and responsibilities of each agency
2-2 with respect to establishing the coordinated case management pilot
2-3 program.
2-4 (c) Each agency by rule shall adopt the memorandum of
2-5 understanding and all revisions to the memorandum.
2-6 Sec. 31.072. PILOT PROGRAM SITES. (a) The department and
2-7 the Texas Workforce Commission shall conduct the pilot program
2-8 under this subchapter in the maximum number of local workforce
2-9 development areas possible with money appropriated to the
2-10 department and the commission for implementation of the program.
2-11 The department and commission shall jointly determine the pilot
2-12 program sites.
2-13 (b) The Texas Workforce Commission shall require in the
2-14 commission's contract with each local workforce development board
2-15 in a local workforce development area in which the pilot program is
2-16 conducted that the development board implement the program. The
2-17 contract must specify the goals, tasks, and responsibilities of the
2-18 commission and the local workforce development board with respect
2-19 to implementing the program.
2-20 Sec. 31.073. PILOT PROGRAM REQUIREMENTS. The coordinated
2-21 case management pilot program must be designed to provide case
2-22 management services to recipients of financial assistance
2-23 identified as having, in comparison to other recipients, higher
2-24 levels of barriers to employment through:
2-25 (1) conducting a personal-needs assessment for each
2-26 recipient to identify recipients with high levels of barriers to
2-27 employment;
3-1 (2) referring each identified recipient to a case
3-2 coordinator; and
3-3 (3) providing coordinated services that address the
3-4 recipient's barriers and assist the recipient in attaining and
3-5 maintaining sustainable wage employment.
3-6 Sec. 31.074. PERSONAL-NEEDS ASSESSMENT. (a) As part of the
3-7 coordinated case management pilot program, the department and the
3-8 Texas Workforce Commission shall implement a personal-needs
3-9 assessment program in each pilot program site to:
3-10 (1) assess the personal needs of each recipient of
3-11 financial assistance and the recipient's family to identify those
3-12 recipients who have:
3-13 (A) high levels of barriers to employment; and
3-14 (B) needs, other than employability needs
3-15 assessed under Section 31.0095, that, if addressed, would help the
3-16 recipient achieve independence from public assistance granted to
3-17 the recipient and the recipient's family; and
3-18 (2) improve case management for recipients identified
3-19 under Subdivision (1) by:
3-20 (A) using information from the assessment to
3-21 develop an employability plan under Section 31.0095 for the
3-22 recipient;
3-23 (B) determining necessary support services under
3-24 Section 31.010 and community-based services for the recipient to
3-25 assist the recipient in achieving independence from public
3-26 assistance; and
3-27 (C) referring the recipient to a case
4-1 coordinator under Section 31.076 for additional referrals to
4-2 appropriate support services and monitoring of the recipient's
4-3 progress in attaining and maintaining sustainable employment.
4-4 (b) For purposes of the personal-needs assessment program
4-5 under this section, "barrier to employment" means a personal or
4-6 situational circumstance that creates difficulties for a recipient
4-7 in obtaining and maintaining sustainable wage employment,
4-8 including:
4-9 (1) a low level of educational attainment;
4-10 (2) limited English proficiency;
4-11 (3) developmental or learning disabilities;
4-12 (4) domestic violence;
4-13 (5) mental or physical health issues, including
4-14 alcohol or drug dependency;
4-15 (6) criminal history; and
4-16 (7) transportation, child care, or other support
4-17 services needs.
4-18 (c) The department and the Texas Workforce Commission may
4-19 design the personal-needs assessment component of the pilot program
4-20 to provide assessment and services to targeted recipient groups
4-21 that experience specific barriers to employment, including
4-22 recipients who:
4-23 (1) have a history of long-term use of public
4-24 assistance programs;
4-25 (2) are sanctioned or penalized under Section 31.0032;
4-26 (3) have minimal or no employment experience; or
4-27 (4) cannot maintain stable employment or realize
5-1 long-term employment gains because of personal circumstances.
5-2 Sec. 31.075. ELIGIBILITY FOR PILOT PROGRAM SERVICES. (a)
5-3 Except as provided by Subsection (b), a recipient who is referred
5-4 to a case coordinator based on the recipient's personal-needs
5-5 assessment under Section 31.074 is eligible for services under the
5-6 program until the recipient no longer needs the services, as
5-7 determined by the department and the Texas Workforce Commission.
5-8 (b) A recipient may apply to the department and the Texas
5-9 Workforce Commission for an extension of services after the
5-10 department and commission determine the recipient no longer needs
5-11 the services in accordance with Subsection (a). The department and
5-12 commission may jointly approve the extension and allow the
5-13 recipient to continue receiving services after the eligibility
5-14 period under Subsection (a) expires. The department and commission
5-15 by rule shall develop guidelines for determining:
5-16 (1) circumstances for which a recipient may receive an
5-17 extension; and
5-18 (2) the period of the extension.
5-19 Sec. 31.076. CASE COORDINATOR. A case coordinator to whom a
5-20 recipient is referred under the coordinated case management pilot
5-21 program shall:
5-22 (1) locate and facilitate access to appropriate state
5-23 and community resources and services to address the recipient's
5-24 barriers to employment;
5-25 (2) work in conjunction with the local workforce
5-26 development board to locate additional appropriate community
5-27 resources and services to address the recipient's barriers to
6-1 employment;
6-2 (3) assist the recipient in:
6-3 (A) identifying the recipient's strengths that
6-4 allow the recipient to take advantage of workforce services;
6-5 (B) resolving problems as those problems arise
6-6 by referring the recipient to appropriate support services; and
6-7 (C) complying with the requirements of the
6-8 financial assistance program, if requested by the recipient, the
6-9 recipient's caseworker at the department, or a staff member of a
6-10 program under Section 31.012(a)(2); and
6-11 (4) assist in developing an appropriate employability
6-12 plan for the recipient under Section 31.0095.
6-13 Sec. 31.077. ASSIGNMENT OF ALTERNATE PAYEE. (a) A case
6-14 coordinator to whom a recipient is referred under the coordinated
6-15 case management pilot program may locate and assign a person to
6-16 serve as an alternate payee of financial assistance payments made
6-17 for the benefit of the recipient and the recipient's dependent
6-18 children.
6-19 (b) In determining whether the assignment of an alternate
6-20 payee is appropriate, the case coordinator in conjunction with the
6-21 department shall consider whether:
6-22 (1) the recipient has failed for an extended period to
6-23 comply with the work or employment activity requirements of the
6-24 responsibility agreement under Section 31.0031; and
6-25 (2) the assignment of an alternate payee is feasible.
6-26 (c) A person assigned by a case coordinator to serve as an
6-27 alternate payee may be:
7-1 (1) a relative of the recipient; or
7-2 (2) an employee or volunteer of a community-based
7-3 organization, including a faith-based organization.
7-4 (d) An alternate payee to whom financial assistance payments
7-5 are made may spend that assistance only for the benefit of the
7-6 recipient and the recipient's dependent children.
7-7 Sec. 31.078. CONTRACTS FOR SUPPORT SERVICES. The department,
7-8 the Texas Workforce Commission, and the local workforce development
7-9 boards may contract with community-based organizations, including
7-10 faith-based organizations, to provide services under the
7-11 coordinated case management pilot program to assist recipients in
7-12 addressing and removing barriers to employment.
7-13 Sec. 31.079. COLOCATION OF STAFF. The department and the
7-14 Texas Workforce Commission may colocate department and commission
7-15 staff and staff of employment programs under Section 31.0126
7-16 necessary for implementation of the coordinated case management
7-17 pilot program.
7-18 Sec. 31.080. REPORT. (a) Not later than December 1, 2002,
7-19 the department and the Texas Workforce Commission shall submit to
7-20 the legislature, the governor, and the Health and Human Services
7-21 Commission a report regarding the progress and effectiveness of the
7-22 pilot program in assisting recipients of financial assistance with
7-23 high levels of barriers to employment in achieving independence
7-24 from public assistance granted to the recipient and the recipient's
7-25 family. The report must include a recommendation regarding the
7-26 feasibility of developing a statewide coordinated case management
7-27 program for recipients of financial assistance.
8-1 (b) In determining the effectiveness of the pilot program,
8-2 the department, the Texas Workforce Commission, and the Health and
8-3 Human Services Commission shall, in cooperation with the
8-4 Legislative Budget Board, develop appropriate outcome measures and
8-5 include the outcome measures in the report.
8-6 (c) The department and Texas Workforce Commission may
8-7 contract for the evaluation and report required by this section.
8-8 Sec. 31.081. EXPIRATION. This subchapter expires September
8-9 1, 2003.
8-10 SECTION 4. Not later than January 1, 2002, the Texas
8-11 Department of Human Services and the Texas Workforce Commission
8-12 shall adopt the memorandum of understanding and implement the
8-13 coordinated case management pilot program required by Subchapter D,
8-14 Chapter 31, Human Resources Code, as added by this Act.
8-15 SECTION 5. The change in law made by Section 31.072(b), Human
8-16 Resources Code, as added by this Act, applies only to a contract or
8-17 other agreement between the Texas Workforce Commission and a local
8-18 workforce development board entered into on or after September 1,
8-19 2001. A contract or agreement entered into before that date is
8-20 governed by the law in effect on the date the contract or agreement
8-21 was entered into, and the former law is continued in effect for
8-22 that purpose.
8-23 SECTION 6. This Act takes effect September 1, 2001.