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.