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. 2-29 * * * * *