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.