1-1     By:  Naishtat, et al. (Senate Sponsor - Moncrief)     H.B. No. 3210
 1-2           (In the Senate - Received from the House May 11, 2001;
 1-3     May 11, 2001, read first time and referred to Committee on Health
 1-4     and Human Services; May 11, 2001, reported favorably by the
 1-5     following vote:  Yeas 5, Nays 2; May 11, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the creation of a state self-sufficiency program for
 1-9     certain immigrants who are victims of battery or extreme cruelty.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1. Subtitle C, Title 2, Human Resources Code, is
1-12     amended by adding Chapter 34 to read as follows:
1-13         CHAPTER 34.  STATE SELF-SUFFICIENCY PROGRAM FOR IMMIGRANTS
1-14                WHO ARE VICTIMS OF BATTERY OR EXTREME CRUELTY
1-15           Sec. 34.001.  DEVELOPMENT AND IMPLEMENTATION OF STATE
1-16     SELF-SUFFICIENCY PROGRAM; FUNDING.  (a)  Subject to available
1-17     funding, the  department by rule shall develop and implement a
1-18     program under which the state provides temporary cash assistance to
1-19     immigrants who meet the eligibility requirements prescribed by this
1-20     chapter.
1-21           (b)  Temporary cash assistance provided under this chapter
1-22     may be funded only with state money.
1-23           Sec. 34.002.  ELIGIBILITY. (a)  Temporary cash assistance may
1-24     be provided only to a lawfully present immigrant who:
1-25                 (1)  meets the requirements for consideration as a
1-26     qualified alien prescribed by 8 U.S.C. Section 1641(b) or (c),
1-27     provided that an immigrant who meets the requirements prescribed by
1-28     8 U.S.C. Section 1641(b) must also meet the requirements prescribed
1-29     by 8 U.S.C. Section 1641(c) relating to:
1-30                       (A)  being a:
1-31                             (i)  victim of battery or extreme cruelty
1-32     in the United States;
1-33                             (ii)  parent of a child who has been
1-34     battered or subjected to extreme cruelty in the United States; or
1-35                             (iii)  child of an immigrant who has been
1-36     battered or subjected to extreme cruelty in the United States;
1-37                       (B)  demonstrating a substantial connection
1-38     between the battery or extreme cruelty and the need for temporary
1-39     cash assistance; and
1-40                       (C)  demonstrating that the immigrant does not
1-41     reside in the same household or family eligibility unit as the
1-42     person responsible for the battery or extreme cruelty;
1-43                 (2)  is a member of a family that includes at least one
1-44     dependent child;
1-45                 (3)  has a gross family income that is at or below 130
1-46     percent of the federal poverty level; and
1-47                 (4)  is not eligible for financial assistance under
1-48     Chapter 31 or food stamps under Chapter 33 solely because of the
1-49     Personal Responsibility and Work Opportunity Reconciliation Act of
1-50     1996 (Pub. L. No. 104-193), and its subsequent amendments.
1-51           (b)  The department shall make the determination of whether
1-52     an immigrant meets the requirements of Subsection (a)(1) in a
1-53     manner consistent with applicable federal guidelines.
1-54           Sec. 34.003.  AMOUNT OF ASSISTANCE. (a)  Subject to
1-55     Subsection (b), the department shall develop a schedule that
1-56     specifies the amount of temporary cash assistance paid to an
1-57     immigrant under this chapter.  The schedule must be based on
1-58     factors that include:
1-59                 (1)  the immigrant's gross family income; and
1-60                 (2)  any financial assistance under Chapter 31 or food
1-61     stamps under Chapter 33 received by any member of the immigrant's
1-62     family.
1-63           (b)  The maximum monthly amount of temporary cash assistance
1-64     provided to an immigrant under this chapter may not exceed the
 2-1     total monthly cash value of financial assistance under Chapter 31
 2-2     and food stamps under Chapter 33 that could be provided to a family
 2-3     of equal size as the immigrant's family.
 2-4           Sec. 34.004.  TIME LIMIT ON ASSISTANCE. Temporary cash
 2-5     assistance under this chapter may not exceed a cumulative total of
 2-6     12 months.
 2-7           Sec. 34.005.  WORK ACTIVITIES REQUIREMENT. (a)  An immigrant
 2-8     receiving temporary cash assistance under this chapter is required
 2-9     to participate in work activities designed to assist the immigrant
2-10     in achieving self-sufficiency.
2-11           (b)  An immigrant may comply with the work activities
2-12     requirement imposed by this section through participation in
2-13     services available through local workforce development boards or
2-14     other providers of employment services.
2-15           (c)  The department shall adopt rules applicable to the work
2-16     activities requirement imposed by this section.  The rules must be
2-17     substantially similar to the rules adopted by the department under
2-18     Section 31.0322 applicable to work activities requirements for
2-19     recipients of financial assistance under Chapter 31 who are victims
2-20     of family violence.
2-21           Sec. 34.006.  RULES.  The department shall adopt all rules
2-22     necessary for implementation of this chapter, including rules
2-23     regarding eligibility and benefit levels.
2-24           SECTION 2. Subject to available funding, the Texas Department
2-25     of Human Services shall begin providing benefits under Chapter 34,
2-26     Human Resources Code, as added by this Act, not later than January
2-27     1, 2002.
2-28           SECTION 3. This Act takes effect September 1, 2001.
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