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.