77R11382 KKA-D                           
         By Naishtat, Chavez, Thompson                         H.B. No. 3210
         Substitute the following for H.B. No. 3210:
         By Ehrhardt                                       C.S.H.B. No. 3210
                                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.