By:  Zaffirini                                                            S.B. No. 70


A BILL TO BE ENTITLED
AN ACT
relating to a state-funded financial assistance program for certain persons. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subtitle C, Title 2, Human Resources Code, is amended by adding Chapter 37 to read as follows:
CHAPTER 37. STATE TEMPORARY ASSISTANCE AND
SUPPORT SERVICES FOR CERTAIN RECIPIENTS
Sec. 37.001. DEFINITIONS. In this chapter: (1) "Related support services" means services considered under federal law to be a component of money payments for purposes of the financial assistance program authorized by Chapter 31. (2) "Temporary assistance" means money payments for needy persons authorized by this chapter. Sec. 37.002. DEVELOPMENT AND IMPLEMENTATION OF STATE PROGRAM; FUNDING. (a) The Health and Human Services Commission, the department, and the Texas Workforce Commission, with the participation of local workforce development boards, shall 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) Temporary assistance and related support services may be provided 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 the person is: (1) an elderly person caring for a dependent child; (2) disabled; (3) the primary caretaker of a disabled spouse or dependent child; (4) a resident of a rural area of this state; or (5) experiencing other personal circumstances that require a customized program, as determined by rule. (c) Temporary assistance and related support services provided under the state program must be funded with maintenance of effort funds and may not be funded with federal money provided to the state for the financial assistance program authorized by Chapter 31. Sec. 37.003. RULES. (a) The Health and Human Services Commission, the department, and the Texas Workforce Commission shall adopt all rules necessary for implementation of the state program, including rules regarding eligibility, work requirements, work exemptions, time limits, and related support services. (b) In adopting rules for the state program regarding eligibility, the Health and Human Services Commission, the department, and the Texas Workforce Commission shall prescribe factors that determine when a recipient should be transferred from the financial assistance under Chapter 31 to the state program. (c) Rules adopted under the state program regarding work requirements, work exemptions, and time limits must allow for flexibility in designing customized requirements to accommodate each recipient's personal circumstances. (d) Except as provided by Subsection (c), the rules must 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 for those programs. (e) The Health and Human Services Commission, the department, and the Texas Workforce Commission shall form an interagency work group to develop the rules required under this section. The interagency work group shall provide for participation in development of the rules by representatives of local workforce development boards. Sec. 37.004. ELIGIBILITY FOR MEDICAL ASSISTANCE. 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. If before implementing any provision of this Act a state agency determines that a waiver or authorization from a federal agency is necessary for implementation of that provision, the agency affected by the provision shall request the waiver or authorization and may delay implementing that provision until the waiver or authorization is granted. SECTION 3. This Act takes effect September 1, 2003.