SRC-MSY/TJG S.B. 70 78(R)      BILL ANALYSIS


Senate Research Center   S.B. 70
78R569 KLA-DBy: Zaffirini
Health and Human Services
3/24/2003
As Filed


DIGEST AND PURPOSE 

Under current federal law, Texas may implement a state Temporary
Assistance to Needy Families (TANF) program for selected groups using
existing state Maintenance of Effort funds. This option remains open to
Texas under proposed federal legislation.  As proposed, S.B. 70 requires
the Texas Health and Human Services Commission, the Texas Department of
Human Services, and the Texas Workforce Commission to develop and
implement a state program of temporary assistance distinct from TANF for
certain recipients who are less likely to meet work requirements,
including elderly grandparents caring for a child or an adult who is
caring for a disabled child or spouse. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Health and Human Services
Commission, the Texas Department of Human Services, and the Texas
Workforce Commission in SECTION 1 (Section 37.003, Human Resources Code)
of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Title 2C, Human Resources Code, by adding Chapter 37,
as follows: 

CHAPTER 37.  STATE TEMPORARY ASSISTANCE AND SUPPORT SERVICES FOR CERTAIN
RECIPIENTS 

Sec. 37.001.  DEFINITIONS.  Defines "related support services" and
"temporary assistance." 

Sec. 37.002.  DEVELOPMENT AND IMPLEMENTATION OF STATE PROGRAM; FUNDING.
(a) Requires the Health and Human Services Commission (HHSC), the Texas
Department of Human Services (DHS), and the Texas Workforce Commission
(TWC), with the participation of local workforce development boards, to
jointly develop and implement a state program of temporary assistance and
related support services that is distinct from the financial assistance
program authorized by Chapter 31. 

(b) Authorizes the provision of temporary assistance and related support
services under the state program only to a person who has been receiving
financial assistance under Chapter 31, but has difficulty complying with
the requirements of the responsibility agreement under Section
31.0031(d)(4) because of certain circumstances.  

(c) Requires temporary assistance and related support services provided
under the state program to be funded with maintenance of effort funds and
prohibits funding with federal money provided to the state for the
financial assistance program authorized by Chapter 31. 

Sec. 37.003.  RULES.  (a) Requires HHSC, DHS, and TWC to adopt rules
necessary for implementation of the state program, including rules
regarding eligibility, work requirements, work exemptions, time limits,
and related support services. 

 (b) Requires HHSC, DHS, and TWC , in adopting rules for the state program
regarding eligibility, to prescribe factors that determine when a
recipient should be transferred from the financial assistance under
Chapter 31 to the state. 

(c) Requires rules adopted under the state program regarding work
requirements, work exemptions, and time limits to allow for flexibility in
designing customized requirements to accommodate each recipient's personal
circumstances. 

(d) Requires the rules, except as provided by Subsection (c), to be
designed to result in a state program that is substantively identical to
the financial assistance program authorized by Chapter 31, except to the
extent that programmatic differences are appropriate because of the
populations served by those programs and the sources of funding those
programs. 

(e) Requires HHSC, DHS, and TWC to form an interagency work group to
develop the rules required under this section.  Requires the interagency
work group to provide for participation in development of the rules by
representatives of the local workforce development boards. 

Sec. 37.004.  ELIGIBILITY FOR MEDICAL ASSISTANCE.  Provides that a
recipient of temporary assistance and related support services under the
state program is eligible for medical assistance under Chapter 32 in the
same manner as a person receiving financial assistance under Chapter 31. 

SECTION 2.  Requires a state agency affected by the provision, if before
implementing any provision of this Act the agency determines that a waiver
or authorization from a federal agency is necessary for implementation of
that provision, to request the waiver or authorization and authorizes the
agency to delay in implementing that provision until the waiver or
authorization is granted. 

SECTION 3.  Effective date: September 1, 2003.