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.