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.