1-1 By: Zaffirini, Lucio S.B. No. 42
1-2 (In the Senate - Filed November 13, 2000; January 10, 2001,
1-3 read first time and referred to Committee on Health and Human
1-4 Services; April 9, 2001, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 6, Nays 1;
1-6 April 9, 2001, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 42 By: Nelson
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to identifying and addressing the needs of certain
1-11 recipients of financial assistance and dependent children of
1-12 recipients of financial assistance.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Subsection (a), Section 31.0032, Human Resources
1-15 Code, is amended to read as follows:
1-16 (a) Except as provided by Section 231.115, Family Code, and
1-17 Section 31.00331 [as added by Chapter 911, Acts of the 75th
1-18 Legislature, Regular Session, 1997], if after an investigation the
1-19 department or the Title IV-D agency determines that a person is not
1-20 complying with a requirement of the responsibility agreement
1-21 required under Section 31.0031, the department immediately shall
1-22 apply appropriate sanctions or penalties regarding the assistance
1-23 provided to or for that person under this chapter.
1-24 SECTION 2. Subchapter A, Chapter 31, Human Resources Code,
1-25 is amended by adding Section 31.00331 to read as follows:
1-26 Sec. 31.00331. CASE REVIEW FOLLOWING NONCOMPLIANCE WITH
1-27 CERTAIN REQUIREMENTS. (a) The department shall, before applying a
1-28 sanction or penalty to a person for noncompliance with a
1-29 requirement of the responsibility agreement under Section
1-30 31.0031(d)(2), (6), (7), or (8), conduct a case review to
1-31 determine:
1-32 (1) the reasons for the noncompliance; and
1-33 (2) whether the provision of local support services
1-34 will enable the person to comply with that requirement or prevent
1-35 future noncompliance.
1-36 (b) If the department determines that local support services
1-37 are necessary, the department shall promptly refer the person to
1-38 appropriate support services.
1-39 (c) The department by rule shall adopt criteria for
1-40 determining when to apply a sanction or penalty described by
1-41 Subsection (a) to a person for whom the department conducts a case
1-42 review under this section.
1-43 SECTION 3. Subchapter A, Chapter 31, Human Resources Code,
1-44 is amended by adding Section 31.011 to read as follows:
1-45 Sec. 31.011. NEEDS ASSESSMENT AND SUPPORT SERVICES FOR
1-46 DEPENDENT CHILDREN. (a) The department shall develop and
1-47 implement a needs assessment program to identify the needs of
1-48 dependent children of recipients of financial assistance that, if
1-49 addressed, would promote the welfare of the children.
1-50 (b) After identifying the needs of a dependent child under
1-51 this section, the department shall refer the child to appropriate
1-52 local support services as determined by the department.
1-53 (c) The department by rule shall adopt criteria for
1-54 determining when a needs assessment should be conducted under this
1-55 section.
1-56 SECTION 4. Not later than January 1, 2002, the Texas
1-57 Department of Human Services shall develop and implement the
1-58 assessment program required by Section 31.011, Human Resources
1-59 Code, as added by this Act.
1-60 SECTION 5. If before implementing any provision of this Act
1-61 a state agency determines that a waiver or authorization from a
1-62 federal agency is necessary for implementation of that provision,
1-63 the agency affected by the provision shall request the waiver or
1-64 authorization and may delay implementing that provision until the
2-1 waiver or authorization is granted.
2-2 SECTION 6. This Act takes effect September 1, 2001.
2-3 * * * * *