77R11526 KKA-D                          
         By Zaffirini                                            S.B. No. 45
         Substitute the following for S.B. No. 45:
         By Naishtat                                         C.S.S.B. No. 45
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to hardship exemptions from time limits under the
 1-3     temporary assistance for needy families program.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 31.0065, Human Resources Code, is amended
 1-6     by adding Subsection (g) to read as follows:
 1-7           (g)  Notwithstanding any other provision of this section, the
 1-8     department shall provide for a person younger than 20 years of age
 1-9     who does not have a high school diploma or high school equivalency
1-10     certificate a hardship exemption from the time limits under
1-11     Subsection (b) that applies while the person is participating in
1-12     educational activities designed to result in receipt of a high
1-13     school diploma or high school equivalency certificate.  If the
1-14     person attains 20 years of age and has not yet received a high
1-15     school diploma or high school equivalency certificate, the
1-16     department may impose a time limit on receipt of financial
1-17     assistance and transitional benefits of one, two, or three years,
1-18     as appropriate based on the person's educational status and work
1-19     experience, computed beginning with the person's 20th birthday.
1-20           SECTION 2. Subchapter A, Chapter 31, Human Resources Code, is
1-21     amended by adding Section 31.0066 to read as follows:
1-22           Sec. 31.0066.  HARDSHIP EXEMPTIONS FROM FEDERAL TIME LIMITS.
1-23     (a)  The department, the Texas Workforce Commission, and the Health
1-24     and Human Services Commission shall jointly adopt rules prescribing
 2-1     circumstances that constitute a hardship for purposes of exempting
 2-2     a recipient of financial assistance from the application of time
 2-3     limits imposed by federal law on the receipt of benefits.
 2-4           (b)  The rules must include a broad range of circumstances
 2-5     that reasonably prevent recipients of financial assistance from
 2-6     becoming self-supporting before expiration of the period specified
 2-7     by federal law.
 2-8           (c)  Before adopting a rule under this section, the
 2-9     department, the Texas Workforce Commission, and the Health and
2-10     Human Services Commission must:
2-11                 (1)  submit the proposed rule to the lieutenant
2-12     governor and the speaker of the house of representatives for
2-13     referral to the appropriate standing committees of each house of
2-14     the legislature, as provided by Section 2001.032, Government Code;
2-15     and
2-16                 (2)  consider any comments regarding the proposed rule
2-17     that are provided by those committees in a timely manner.
2-18           SECTION 3. If before implementing any provision of this Act a
2-19     state agency determines that a waiver or authorization from a
2-20     federal agency is necessary for implementation of that provision,
2-21     the agency affected by the provision shall request the waiver or
2-22     authorization and may delay implementing that provision until the
2-23     waiver or authorization is granted.
2-24           SECTION 4. This Act takes effect September 1, 2001, and
2-25     applies to a person receiving financial assistance on or after that
2-26     date regardless of the date on which the person began receiving
2-27     that financial assistance.