77R8499 KLA-D                          
         By Zaffirini, et al.                                    S.B. No. 42
         Substitute the following for S.B. No. 42:
         By Raymond                                          C.S.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.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 31.0032(a), Human Resources Code, is
 1-6     amended to read as follows:
 1-7           (a)  Except as provided by Section 231.115, Family Code, and
 1-8     Section 31.00331 [as added by Chapter 911, Acts of the 75th
 1-9     Legislature, Regular Session, 1997], if after an investigation the
1-10     department or the Title IV-D agency determines that a person is not
1-11     complying with a requirement of the responsibility agreement
1-12     required under Section 31.0031, the department immediately shall
1-13     apply appropriate sanctions or penalties regarding the assistance
1-14     provided to or for that person under this chapter.
1-15           SECTION 2.  Subchapter A, Chapter 31, Human Resources Code,
1-16     is amended by adding Section 31.00331 to read as follows:
1-17           Sec. 31.00331.  CASE REVIEW FOLLOWING NONCOMPLIANCE WITH
1-18     CERTAIN REQUIREMENTS. (a)  The department shall, before applying a
1-19     sanction or penalty to a person for noncompliance with a
1-20     requirement of the responsibility agreement under Section
1-21     31.0031(d)(2), (6), (7), or (8), conduct a case review to
1-22     determine:
1-23                 (1)  the reasons for the noncompliance; and
1-24                 (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.  If before implementing any provision of this Act
2-11     a state agency determines that a waiver or authorization from a
2-12     federal agency is necessary for implementation of that provision,
2-13     the agency affected by the provision shall request the waiver or
2-14     authorization and may delay implementing that provision until the
2-15     waiver or authorization is granted.
2-16           SECTION 4.  This Act takes effect September 1, 2001.