By Naishtat, Chavez, Thompson, Danburg H.B. No. 3210 77R11382 KKA-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the creation of a state self-sufficiency program for 1-3 certain immigrants who are victims of battery or extreme cruelty. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subtitle C, Title 2, Human Resources Code, is 1-6 amended by adding Chapter 34 to read as follows: 1-7 CHAPTER 34. STATE SELF-SUFFICIENCY PROGRAM FOR IMMIGRANTS 1-8 WHO ARE VICTIMS OF BATTERY OR EXTREME CRUELTY 1-9 Sec. 34.001. DEVELOPMENT AND IMPLEMENTATION OF STATE 1-10 SELF-SUFFICIENCY PROGRAM; FUNDING. (a) Subject to available 1-11 funding, the department by rule shall develop and implement a 1-12 program under which the state provides temporary cash assistance to 1-13 immigrants who meet the eligibility requirements prescribed by this 1-14 chapter. 1-15 (b) Temporary cash assistance provided under this chapter 1-16 may be funded only with state money. 1-17 Sec. 34.002. ELIGIBILITY. (a) Temporary cash assistance may 1-18 be provided only to a lawfully present immigrant who: 1-19 (1) meets the requirements for consideration as a 1-20 qualified alien prescribed by 8 U.S.C. Section 1641(b) or (c), 1-21 provided that an immigrant who meets the requirements prescribed by 1-22 8 U.S.C. Section 1641(b) must also meet the requirements prescribed 1-23 by 8 U.S.C. Section 1641(c) relating to: 1-24 (A) being a: 2-1 (i) victim of battery or extreme cruelty 2-2 in the United States; 2-3 (ii) parent of a child who has been 2-4 battered or subjected to extreme cruelty in the United States; or 2-5 (iii) child of an immigrant who has been 2-6 battered or subjected to extreme cruelty in the United States; 2-7 (B) demonstrating a substantial connection 2-8 between the battery or extreme cruelty and the need for temporary 2-9 cash assistance; and 2-10 (C) demonstrating that the immigrant does not 2-11 reside in the same household or family eligibility unit as the 2-12 person responsible for the battery or extreme cruelty; 2-13 (2) is a member of a family that includes at least one 2-14 dependent child; 2-15 (3) has a gross family income that is at or below 130 2-16 percent of the federal poverty level; and 2-17 (4) is not eligible for financial assistance under 2-18 Chapter 31 or food stamps under Chapter 33 solely because of the 2-19 Personal Responsibility and Work Opportunity Reconciliation Act of 2-20 1996 (Pub. L. No. 104-193), and its subsequent amendments. 2-21 (b) The department shall make the determination of whether 2-22 an immigrant meets the requirements of Subsection (a)(1) in a 2-23 manner consistent with applicable federal guidelines. 2-24 Sec. 34.003. AMOUNT OF ASSISTANCE. (a) Subject to 2-25 Subsection (b), the department shall develop a schedule that 2-26 specifies the amount of temporary cash assistance paid to an 2-27 immigrant under this chapter. The schedule must be based on 3-1 factors that include: 3-2 (1) the immigrant's gross family income; and 3-3 (2) any financial assistance under Chapter 31 or food 3-4 stamps under Chapter 33 received by any member of the immigrant's 3-5 family. 3-6 (b) The maximum monthly amount of temporary cash assistance 3-7 provided to an immigrant under this chapter may not exceed the 3-8 total monthly cash value of financial assistance under Chapter 31 3-9 and food stamps under Chapter 33 that could be provided to a family 3-10 of equal size as the immigrant's family. 3-11 Sec. 34.004. TIME LIMIT ON ASSISTANCE. Temporary cash 3-12 assistance under this chapter may not exceed a cumulative total of 3-13 12 months. 3-14 Sec. 34.005. WORK ACTIVITIES REQUIREMENT. (a) An immigrant 3-15 receiving temporary cash assistance under this chapter is required 3-16 to participate in work activities designed to assist the immigrant 3-17 in achieving self-sufficiency. 3-18 (b) An immigrant may comply with the work activities 3-19 requirement imposed by this section through participation in 3-20 services available through local workforce development boards or 3-21 other providers of employment services. 3-22 (c) The department shall adopt rules applicable to the work 3-23 activities requirement imposed by this section. The rules must be 3-24 substantially similar to the rules adopted by the department under 3-25 Section 31.0322 applicable to work activities requirements for 3-26 recipients of financial assistance under Chapter 31 who are victims 3-27 of family violence. 4-1 Sec. 34.006. RULES. The department shall adopt all rules 4-2 necessary for implementation of this chapter, including rules 4-3 regarding eligibility and benefit levels. 4-4 SECTION 2. Subject to available funding, the Texas Department 4-5 of Human Services shall begin providing benefits under Chapter 34, 4-6 Human Resources Code, as added by this Act, not later than January 4-7 1, 2002. 4-8 SECTION 3. This Act takes effect September 1, 2001.