By Naishtat H.B. No. 3210
77R7196 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) The department by rule
1-11 shall develop and implement a program under which the state
1-12 provides temporary cash assistance to immigrants who meet the
1-13 eligibility requirements prescribed by this chapter.
1-14 (b) Temporary cash assistance provided under this chapter
1-15 may be funded only with state money.
1-16 Sec. 34.002. ELIGIBILITY. (a) Temporary cash assistance may
1-17 be provided only to a lawfully present immigrant who:
1-18 (1) meets the requirements for consideration as a
1-19 qualified alien prescribed by 8 U.S.C. Section 1641(b) or (c),
1-20 provided that an immigrant who meets the requirements prescribed by
1-21 8 U.S.C. Section 1641(b) must also meet the requirements prescribed
1-22 by 8 U.S.C. Section 1641(c) relating to:
1-23 (A) being a:
1-24 (i) victim of battery or extreme cruelty
2-1 in the United States;
2-2 (ii) parent of a child who has been
2-3 battered or subjected to extreme cruelty in the United States; or
2-4 (iii) child of an immigrant who has been
2-5 battered or subjected to extreme cruelty in the United States;
2-6 (B) demonstrating a substantial connection
2-7 between the battery or extreme cruelty and the need for temporary
2-8 cash assistance; and
2-9 (C) demonstrating that the immigrant does not
2-10 reside in the same household or family eligibility unit as the
2-11 person responsible for the battery or extreme cruelty;
2-12 (2) is a member of a family that includes at least one
2-13 dependent child;
2-14 (3) has a gross family income that is below 130
2-15 percent of the federal poverty level; and
2-16 (4) is not eligible for financial assistance under
2-17 Chapter 31 or food stamps under Chapter 33 solely because of the
2-18 Personal Responsibility and Work Opportunity Reconciliation Act of
2-19 1996 (Pub. L. No. 104-193), and its subsequent amendments.
2-20 (b) The department shall make the determination of whether
2-21 an immigrant meets the requirements of Subsection (a)(1) in a
2-22 manner consistent with applicable federal guidelines.
2-23 Sec. 34.003. AMOUNT OF ASSISTANCE. (a) Subject to
2-24 Subsection (b), the department shall develop a schedule that
2-25 specifies the amount of temporary cash assistance paid to an
2-26 immigrant under this chapter. The schedule must be based on
2-27 factors that include:
3-1 (1) the immigrant's gross family income; and
3-2 (2) any financial assistance under Chapter 31 or food
3-3 stamps under Chapter 33 received by any member of the immigrant's
3-4 family.
3-5 (b) The maximum monthly amount of temporary cash assistance
3-6 provided to an immigrant under this chapter may not exceed the
3-7 total monthly cash value of financial assistance under Chapter 31
3-8 and food stamps under Chapter 33 that could be provided to a family
3-9 of equal size as the immigrant's family.
3-10 Sec. 34.004. TIME LIMIT ON ASSISTANCE. Temporary cash
3-11 assistance under this chapter may not exceed a cumulative total of
3-12 36 months.
3-13 Sec. 34.005. RULES. The department shall adopt all rules
3-14 necessary for implementation of this chapter, including rules
3-15 regarding eligibility and benefit levels.
3-16 SECTION 2. This Act takes effect September 1, 2001.