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.