By:  Zaffirini, Lucio                                   S.B. No. 42
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to identifying and addressing the needs of certain
 1-3     recipients of financial assistance and dependent children of
 1-4     recipients of financial assistance.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Subsection (a), Section 31.0032, Human Resources
 1-7     Code, is amended to read as follows:
 1-8           (a)  Except as provided by Section 231.115, Family Code, and
 1-9     Section 31.00331 [as added by Chapter 911, Acts of the 75th
1-10     Legislature, Regular Session, 1997], if after an investigation the
1-11     department or the Title IV-D agency determines that a person is not
1-12     complying with a requirement of the responsibility agreement
1-13     required under Section 31.0031, the department immediately shall
1-14     apply appropriate sanctions or penalties regarding the assistance
1-15     provided to or for that person under this chapter.
1-16           SECTION 2.  Subchapter A, Chapter 31, Human Resources Code,
1-17     is amended by adding Section 31.00331 to read as follows:
1-18           Sec. 31.00331.  CASE REVIEW FOLLOWING NONCOMPLIANCE WITH
1-19     CERTAIN REQUIREMENTS.  (a)  The department shall, before applying a
1-20     sanction or penalty to a person for noncompliance with a
1-21     requirement of the responsibility agreement under Section
1-22     31.0031(d)(2), (6), (7), or (8), conduct a case review to
1-23     determine:
1-24                 (1)  the reasons for the noncompliance; and
1-25                 (2)  whether the provision of local support services
 2-1     will enable the person to comply with that requirement or prevent
 2-2     future noncompliance.
 2-3           (b)  If the department determines that local support services
 2-4     are necessary, the department shall promptly refer the person to
 2-5     appropriate support services.
 2-6           (c)  The department by rule shall adopt criteria for
 2-7     determining when to apply a sanction or penalty described by
 2-8     Subsection (a) to a person for whom the department conducts a case
 2-9     review under this section.
2-10           SECTION 3.  Subchapter A, Chapter 31, Human Resources Code,
2-11     is amended by adding Section 31.011 to read as follows:
2-12           Sec. 31.011.  NEEDS ASSESSMENT AND SUPPORT SERVICES FOR
2-13     DEPENDENT CHILDREN.  (a)  The department shall develop and
2-14     implement a needs assessment program to identify the needs of
2-15     dependent children of recipients of financial assistance that, if
2-16     addressed, would promote the welfare of the children.
2-17           (b)  After identifying the needs of a dependent child under
2-18     this section, the department shall refer the child to appropriate
2-19     local support services as determined by the department.
2-20           (c)  The department by rule shall adopt criteria for
2-21     determining when a needs assessment should be conducted under this
2-22     section.
2-23           SECTION 4.  Not later than January 1, 2002, the Texas
2-24     Department of Human Services shall develop and implement the
2-25     assessment program required by Section 31.011, Human Resources
2-26     Code, as added by this Act.
 3-1           SECTION 5.  If before implementing any provision of this Act
 3-2     a state agency determines that a waiver or authorization from a
 3-3     federal agency is necessary for implementation of that provision,
 3-4     the agency affected by the provision shall request the waiver or
 3-5     authorization and may delay implementing that provision until the
 3-6     waiver or authorization is granted.
 3-7           SECTION 6.  This Act takes effect September 1, 2001.