By Zaffirini S.B. No. 42 77R1454 KLA-D 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. Subchapter A, Chapter 31, Human Resources Code, 1-7 is amended by adding Section 31.00331 to read as follows: 1-8 Sec. 31.00331. CASE REVIEW FOLLOWING NONCOMPLIANCE WITH 1-9 CERTAIN REQUIREMENTS. (a) The department shall, on application of 1-10 a sanction or penalty to a person for noncompliance with a 1-11 requirement of the responsibility agreement under Section 1-12 31.0031(d)(2), (6), (7), or (8), conduct a case review to 1-13 determine: 1-14 (1) the reasons for the noncompliance; and 1-15 (2) whether the provision of local support services 1-16 will enable the person to comply with that requirement or prevent 1-17 future noncompliance. 1-18 (b) If the department determines that local support services 1-19 are necessary, the department shall promptly refer the person to 1-20 appropriate support services. 1-21 SECTION 2. The section heading to Section 31.0095, Human 1-22 Resources Code, is amended to read as follows: 1-23 Sec. 31.0095. EMPLOYABILITY NEEDS ASSESSMENT. 1-24 SECTION 3. The section heading to Section 31.010, Human 2-1 Resources Code, is amended to read as follows: 2-2 Sec. 31.010. SUPPORT SERVICES RELATED TO EMPLOYABILITY OF A 2-3 RECIPIENT. 2-4 SECTION 4. Subchapter A, Chapter 31, Human Resources Code, 2-5 is amended by adding Sections 31.011 and 31.0111 to read as 2-6 follows: 2-7 Sec. 31.011. PERSONAL NEEDS ASSESSMENT. (a) The department, 2-8 with the participation of the Health and Human Services Commission, 2-9 shall develop and implement a personal needs assessment program to: 2-10 (1) identify recipients of financial assistance who 2-11 have: 2-12 (A) high levels of barriers to employment; and 2-13 (B) needs, other than employability needs 2-14 assessed under Section 31.0095, that, if addressed, would help the 2-15 recipient achieve independence from public assistance granted to 2-16 the recipient and the recipient's family; and 2-17 (2) improve case management for a recipient identified 2-18 by the program. 2-19 (b) The department and the Health and Human Services 2-20 Commission shall develop the assessment program based on research 2-21 into the best practices and methods of needs assessment. 2-22 (c) The department shall consider the barriers to employment 2-23 and needs of a recipient identified by the assessment program in: 2-24 (1) referring the recipient to appropriate 2-25 community-based support services; and 2-26 (2) developing the employability plan under Section 2-27 31.0095 and determining necessary support services under Section 3-1 31.010 for the recipient. 3-2 Sec. 31.0111. NEEDS ASSESSMENT AND SUPPORT SERVICES FOR 3-3 DEPENDENT CHILDREN. (a) The department shall develop and implement 3-4 a needs assessment program to identify the needs of dependent 3-5 children of recipients of financial assistance that, if addressed, 3-6 would promote the welfare of the children. 3-7 (b) After identifying the needs of a dependent child under 3-8 this section, the department shall refer the child to appropriate 3-9 local support services as determined by the department. 3-10 (c) The department by rule shall adopt criteria for 3-11 determining when a needs assessment should be conducted under this 3-12 section. 3-13 SECTION 5. Subchapter A, Chapter 31, Human Resources Code, is 3-14 amended by adding Section 31.0128 to read as follows: 3-15 Sec. 31.0128. COORDINATED INTERAGENCY PLAN. (a) The 3-16 department and the Texas Workforce Commission shall jointly develop 3-17 and adopt a memorandum of understanding, subject to the approval of 3-18 the Health and Human Services Commission. The memorandum of 3-19 understanding must establish a coordinated interagency case 3-20 management plan to: 3-21 (1) identify each recipient of financial assistance 3-22 who has, in comparison to other recipients, higher levels of 3-23 barriers to employment; and 3-24 (2) provide coordinated services that address those 3-25 barriers to assist the recipient in finding and retaining 3-26 employment. 3-27 (b) Each agency by rule shall adopt the memorandum of 4-1 understanding and all revisions to the memorandum. 4-2 (c) The department and the Texas Workforce Commission shall 4-3 implement the plan under this section through local department and 4-4 commission offices and local workforce development boards, as 4-5 appropriate. 4-6 SECTION 6. Subchapter B, Chapter 31, Human Resources Code, is 4-7 amended by adding Section 31.046 to read as follows: 4-8 Sec. 31.046. PERFORMANCE-BASED BONUS PROGRAM FOR LOCAL 4-9 ADMINISTRATIVE UNITS THAT DESIGN AND IMPLEMENT CASE MANAGEMENT 4-10 TOOLS. (a) The department shall develop and implement a 4-11 performance-based bonus program to reward local administrative 4-12 units of the department that design and implement effective case 4-13 management tools for identifying and addressing the needs of the 4-14 recipients of financial assistance who are likely to have the most 4-15 difficulty becoming self-sufficient. 4-16 (b) The department by rule shall specify the criteria to be 4-17 considered by local administrative units of the department in 4-18 determining which recipients of financial assistance are likely to 4-19 have the most difficulty becoming self-sufficient. The criteria 4-20 may include any factor the department determines relevant, 4-21 including whether the recipient: 4-22 (1) has a learning disability; 4-23 (2) has a physical or mental disability; 4-24 (3) has a chronic health problem; 4-25 (4) has a substance abuse problem; 4-26 (5) is a victim of domestic violence; 4-27 (6) has an incapacitated family member; 5-1 (7) has a child with a behavioral problem; 5-2 (8) has a criminal history; 5-3 (9) has a history of housing instability; 5-4 (10) lacks health insurance; and 5-5 (11) lacks education, training, or job experience. 5-6 (c) The department by rule shall specify the criteria for 5-7 determining whether to award a performance-based bonus to a local 5-8 administrative unit of the department. The criteria may include 5-9 consideration of any factor the department determines relevant, 5-10 including whether the unit: 5-11 (1) collaborates with state and local organizations to 5-12 implement substantive programs that address the needs of the 5-13 recipients of financial assistance who are likely to have the most 5-14 difficulty becoming self-sufficient; 5-15 (2) ensures that the programs described by Subdivision 5-16 (1) are accessible and responsive to the needs of the recipients of 5-17 financial assistance who are likely to have the most difficulty 5-18 becoming self-sufficient; 5-19 (3) collaborates with state and local organizations to 5-20 provide training to caseworkers and to persons who provide 5-21 education, job training, job placement, or other services under 5-22 contracts with the unit; 5-23 (4) collaborates with state and local organizations to 5-24 screen applicants for financial assistance; 5-25 (5) protects the confidentiality of information 5-26 disclosed by applicants for or recipients of financial assistance; 5-27 (6) devotes a staff member to addressing the needs of 6-1 the recipients of financial assistance who are likely to have the 6-2 most difficulty becoming self-sufficient; and 6-3 (7) informs applicants for or recipients of financial 6-4 assistance of the services that are available to them. 6-5 (d) The department may not deny a person access to 6-6 education, job training, job placement, or other services because 6-7 the person is likely to have difficulty becoming self-sufficient. 6-8 (e) The department shall coordinate with other state 6-9 agencies and private organizations in developing and implementing 6-10 the performance-based bonus program. 6-11 (f) A local administrative unit of the department shall use 6-12 money provided under this section for expenses relating to 6-13 addressing the needs of the recipients of financial assistance who 6-14 are likely to have the most difficulty becoming self-sufficient. 6-15 SECTION 7. Subchapter C, Chapter 302, Labor Code, is amended 6-16 by adding Section 302.044 to read as follows: 6-17 Sec. 302.044. PERFORMANCE-BASED BONUS PROGRAM FOR CAREER 6-18 DEVELOPMENT CENTERS THAT DESIGN AND IMPLEMENT CASE MANAGEMENT 6-19 TOOLS. (a) The commission shall develop and implement a 6-20 performance-based bonus program to reward career development 6-21 centers that design and implement effective case management tools 6-22 for identifying and addressing the needs of clients who are 6-23 recipients of financial assistance under Chapter 31, Human 6-24 Resources Code, and are likely to have the most difficulty becoming 6-25 self-sufficient. 6-26 (b) The commission by rule shall specify the criteria to be 6-27 considered by career development centers in determining which 7-1 clients who are recipients of financial assistance under Chapter 7-2 31, Human Resources Code, are likely to have the most difficulty 7-3 becoming self-sufficient. The criteria may include any factor the 7-4 commission determines relevant, including whether the client: 7-5 (1) has a learning disability; 7-6 (2) has a physical or mental disability; 7-7 (3) has a chronic health problem; 7-8 (4) has a substance abuse problem; 7-9 (5) is a victim of domestic violence; 7-10 (6) has an incapacitated family member; 7-11 (7) has a child with a behavioral problem; 7-12 (8) has a criminal history; 7-13 (9) has a history of housing instability; 7-14 (10) lacks health insurance; and 7-15 (11) lacks education, training, or job experience. 7-16 (c) The commission by rule shall specify the criteria for 7-17 determining whether to award a performance-based bonus to a career 7-18 development center. The criteria may include consideration of any 7-19 factor the commission determines relevant, including whether the 7-20 center: 7-21 (1) collaborates with state and local organizations to 7-22 implement substantive programs that address the needs of clients 7-23 who are recipients of financial assistance under Chapter 31, Human 7-24 Resources Code, and are likely to have the most difficulty becoming 7-25 self-sufficient; 7-26 (2) ensures that the programs described by Subdivision 7-27 (1) are accessible and responsive to the needs of clients who are 8-1 recipients of financial assistance under Chapter 31, Human 8-2 Resources Code, and are likely to have the most difficulty becoming 8-3 self-sufficient; 8-4 (3) collaborates with state and local organizations to 8-5 provide training to caseworkers and to persons who provide 8-6 education, job training, job placement, or other services under 8-7 contracts with the center; 8-8 (4) collaborates with state and local organizations to 8-9 screen clients; 8-10 (5) protects the confidentiality of information 8-11 disclosed by applicants for or recipients of workforce training or 8-12 services; 8-13 (6) devotes a staff member to addressing the needs of 8-14 clients who are recipients of financial assistance under Chapter 8-15 31, Human Resources Code, and are likely to have the most 8-16 difficulty becoming self-sufficient; and 8-17 (7) informs applicants for or recipients of workforce 8-18 training or services of the services that are available to them. 8-19 (d) The commission may not deny a person access to 8-20 education, job training, job placement, or other services because 8-21 the person is likely to have difficulty becoming self-sufficient. 8-22 (e) The commission shall coordinate with other state 8-23 agencies and private organizations in developing and implementing 8-24 the performance-based bonus program. 8-25 (f) A career development center shall use money provided 8-26 under this section for expenses relating to addressing the needs of 8-27 clients who are recipients of financial assistance under Chapter 9-1 31, Human Resources Code, and are likely to have the most 9-2 difficulty becoming self-sufficient. 9-3 SECTION 8. Not later than January 1, 2002, the Texas 9-4 Department of Human Services and the Health and Human Services 9-5 Commission shall develop and implement the personal needs 9-6 assessment program required by Section 31.011, Human Resources 9-7 Code, as added by this Act. 9-8 SECTION 9. Not later than January 1, 2002, the Texas 9-9 Department of Human Services shall develop and implement the needs 9-10 assessment program required by Section 31.0111, Human Resources 9-11 Code, as added by this Act. 9-12 SECTION 10. Not later than January 1, 2002, the Texas 9-13 Department of Human Services and the Texas Workforce Commission 9-14 shall adopt the memorandum of understanding and implement the 9-15 interagency case management plan required by Section 31.0128, Human 9-16 Resources Code, as added by this Act. 9-17 SECTION 11. If before implementing any provision of this Act 9-18 a state agency determines that a waiver or authorization from a 9-19 federal agency is necessary for implementation of that provision, 9-20 the agency affected by the provision shall request the waiver or 9-21 authorization and may delay implementing that provision until the 9-22 waiver or authorization is granted. 9-23 SECTION 12. This Act takes effect September 1, 2001.