By: Nelson S.B. No. 1716
A BILL TO BE ENTITLED
AN ACT
relating to the administration, operation, financing, and
enforcement of the financial assistance program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 31.001, Human Resources
Code, is amended to read as follows:
Sec. 31.001. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES [AID
TO FAMILIES WITH DEPENDENT CHILDREN].
SECTION 2. The heading to Section 31.002, Human Resources
Code, is amended to read as follows:
Sec. 31.002. DEFINITIONS [DEFINITION OF DEPENDENT CHILD].
SECTION 3. Section 31.002, Human Resources Code, is amended
by adding Subsection (c) to read as follows:
(c) In this chapter, "Work Plus program" means the program
established by the department under Section 31.015 that is an
integrated process that includes an eligibility interview and
comprehensive assessment services and that is designed to promote
economic independence and ensure a financial assistance
recipient's permanent attachment to the workforce.
SECTION 4. Sections 31.0031(c) and (f), Human Resources
Code, are amended to read as follows:
(c) The department shall adopt rules governing sanctions
and penalties under this section to or for:
(1) a person who fails to comply with each applicable
requirement of the responsibility agreement prescribed by this
section; and
(2) the family of a person who fails to comply with
each applicable requirement of the responsibility agreement.
(f) The department by rule may provide for exemptions from
Subsection (d)(4) or for a teen parent under Subsection (d)(6). In
adopting those rules, the department shall limit the exemptions
from Subsection (d)(4) to the exemptions as allowed by federal law
or specifically provided by this chapter. The department may not
require participation in an activity under Subsection (d)(4) or for
a teen parent under Subsection (d)(6) if funding for support
services is unavailable.
SECTION 5. Section 31.0032, Human Resources Code, is
amended by amending Subsections (a) and (c) and adding Subsection
(d) to read as follows:
(a) Except as provided by Section 231.115, Family Code, [as
added by Chapter 911, Acts of the 75th Legislature, Regular
Session, 1997,] if after an investigation the department or the
Title IV-D agency determines that a person is not complying with a
requirement of the responsibility agreement required under Section
31.0031, the department [immediately] shall immediately apply a
sanction terminating the total amount of financial assistance
provided under this chapter to or for the person and the person's
family [apply appropriate sanctions or penalties regarding the
assistance provided to or for that person under this chapter].
(c) This section does not prohibit the department from
providing medical assistance, child care, or any other social or
support services for a person who or a family that is [an
individual] subject to sanctions or penalties under this chapter.
(c) The department shall apply a sanction or penalty imposed
under Subsection (a) until the person demonstrates compliance with
the requirement of the responsibility agreement for which the
sanction was imposed, or for a period established by department
rules.
SECTION 6. Section 31.0033(c), Human Resources Code, is
amended to read as follows:
(c) If the department finds that good cause for
noncompliance was not shown at a hearing, the department shall
apply appropriate sanctions or penalties to or for that person and
the person's family as provided by Section 31.0032 until the
department, or the Title IV-D agency in a Title IV-D case,
determines that the person has demonstrated [is in] compliance with
the terms of the responsibility agreement, or for a period
established by department rules.
SECTION 7. Section 31.0065, Human Resources Code, is
amended to read as follows:
Sec. 31.0065. TIME-LIMITED BENEFITS. (a) The department
may provide financial assistance under this chapter only in
accordance with the time limits specified by this section. The
department by rule may provide for exceptions to these time limits
if severe personal hardship or community economic factors prevent
the recipient from obtaining employment or if the state is unable to
provide support services.
(b) The department shall limit the [financial] assistance
and [transitional] benefits provided to a person and the person's
family to a cumulative total of 36 months of financial assistance,
and 12 months of transitional benefits, if the family includes a
person who is certified as an adult for purposes of the financial
assistance program [in accordance with the following schedule:
[(1) financial assistance is limited to a cumulative
total of 12 months and transitional benefits are limited to 12
months if the person receiving financial assistance on behalf of a
dependent child has:
[(A) a high school diploma, a high school
equivalency certificate, or a certificate or degree from a two-year
or four-year institution of higher education or technical or
vocational school; or
[(B) recent work experience of 18 months or more;
[(2) financial assistance is limited to a cumulative
total of 24 months and transitional benefits are limited to 12
months if the person receiving financial assistance on behalf of a
dependent child has:
[(A) completed three years of high school; or
[(B) recent work experience of not less than six
or more than 18 months; and
[(3) financial assistance is limited to a cumulative
total of 36 months and transitional benefits of 12 months if the
person receiving financial assistance on behalf of a dependent
child has:
[(A) completed less than three years of high
school; and
[(B) less than six months of work experience.]
(c) In addition to the time limits imposed by Subsection
(b), a person who receives financial assistance and the person's
family are subject to the time limits for the assistance that are
imposed by federal law if the family includes a person who is
certified as an adult for purposes of the financial assistance
program [If the recipient has completed less than three years of
high school and has less than six months work experience, the
department shall perform an in-depth assessment of the needs of
that person and that person's family. If the recipient cooperates
with the department's assessment, the time period prescribed by
Subsection (b)(3) begins on the first anniversary of the date on
which the department completes the assessment, as determined by the
department].
(d) The computation of time limits under Subsection (b)
includes any month on or after September 1, 2003, during which the
family member certified as an adult received financial assistance
under this chapter [begins when the adult or teen parent recipient
receives notification under Section 31.012(b) of the availability
of an opening in and eligibility for the job opportunity and basic
skills (JOBS) program Part F, Subchapter IV, Social Security Act
(42 U.S.C. Section 682)].
(e) In implementing the time-limited benefits program, the
department:
(1) subject to the exceptions established under
Subsection (a), shall provide that a participant in the program may
who is certified as an adult reapply with the department for
financial assistance on or after the fifth anniversary of the date
on which the participant and the participant's family are [is]
totally disqualified from receiving assistance because of the
application of Subsection (b); and
(2) shall establish the criteria for determining what
constitutes [severe personal] a hardship under Subsection (a).
[(f) If the department is imposing time-limited benefits on
an individual, the department shall consider:
[(1) the assessment of the individual's need that was
conducted by the department, provided that if the needs assessment
indicates discrepancies between a client's self-reported
educational level and the client's functional abilities, the time
limits shall be based upon the functional educational level; and
[(2) the prevailing economic and employment
conditions in the area of the state where the individual resides.]
SECTION 8. Subchapter A, Chapter 31, Human Resources Code,
is amended by adding Section 31.015 to read as follows:
Sec. 31.015. COMPREHENSIVE ASSESSMENT SERVICES FOR
RECIPIENTS RETURNING TO THE FINANCIAL ASSISTANCE PROGRAM. (a) The
department by rule shall develop and implement the Work Plus
program to promote economic independence and ensure a financial
assistance recipient's permanent attachment to the workforce. The
program must be designed as an integrated process that is initiated
with a combined financial assistance eligibility interview and
employability determination to identify applicants who previously
received financial assistance. The department may use call centers
to conduct the eligibility interview and employability
determination.
(b) Based on the interview and employability determination
under Subsection (a), the department shall:
(1) direct an adult applicant to employment programs
under Section 31.0126 if the applicant is required to work or
participate in employment activities and did not receive financial
assistance at any time during the 12-month period preceding the
date of application;
(2) direct an adult applicant to services under the
Work Plus program and employment programs under Section 31.0126 if
the applicant is required to work or participate in employment
activities and received financial assistance at any time during the
12-month period preceding the date of application; and
(3) offer to an adult applicant who is exempt from work
or employment activities requirements an opportunity to
participate in employment programs under Section 31.0126 and to
receive services under the Work Plus program.
(c) In addition to the interview and employability
determination required by Subsection (a), the Work Plus program
must be designed to include, at a minimum:
(1) for each recipient directed to the program:
(A) a comprehensive job retention assessment;
(B) a job retention and family independence plan;
(C) compliance incentives and sanctions;
(D) integrated case management, including
post-employment planning; and
(E) a job retention stipend, as provided by
Subsection (i); and
(2) for local workforce development boards, support in
marketing recipients receiving services under the program to
potential employers.
(d) The department shall design the comprehensive job
retention assessment under Subsection (c) to identify the reasons a
recipient leaves the financial assistance program and later
reapplies for benefits under the program by determining the
recipient's:
(1) strengths, career interests, and training needs,
if any;
(2) previous work history and education and training;
(3) previous receipt of financial assistance and
history of penalties and sanctions; and
(4) child care and transportation needs and resources.
(e) In addition to the requirements of Subsection (d), the
comprehensive job retention assessment under Subsection (c) must
also include screening questions designed to determine whether
substance abuse, mental health concerns, family violence, learning
disabilities, or any other factors pose significant barriers to
employment placement and job stability.
(f) The job retention and family independence plan required
by Subsection (c) must be developed with input from the recipient,
the recipient's case manager, employment services staff, and where
appropriate, employers in the recipient's local workforce
development area, and community and faith-based organizations. The
plan must identify specific actions needed to address each of the
recipient's barriers to employment. In developing the plan,
department staff shall also assist the recipient to develop
strategies to achieve employment stability, job advancement, and
long-term independence from welfare programs.
(g) To provide support through the Work Plus program to the
local workforce development boards as required by Subsection (c),
the department shall use labor-market information that identifies
employers in local workforce development areas that meet specific
criteria, such as high turnover rate or potential for career
advancement.
(h) Department staff shall identify through the
comprehensive assessment services potential barriers to compliance
faced by a recipient participating in the program and shall assist
the recipient in eliminating those barriers to achieve permanent
attachment to the workforce.
(i) The department by rule may develop a program to provide
a job retention stipend for recipients participating in the Work
Plus program. Under the program, a recipient who particulates in
post-employment services provided under Subsection (c) and remains
employed for nine consecutive months from the date of initial
employment may be offered a job retention stipend not to exceed
$400. In addition, a recipient who receives the $400 bonus and who
remains employed for 18 consecutive months from the date of initial
employment may be offered a job retention stipend not to exceed
$600. A recipient who receives a stipend under this subsection must
use the money to pay for child care, educational expenses,
transportation expenses, or other items or expenses related to
achieving continuous employment and self-sufficiency, as
determined by the department.
SECTION 9. Section 31.009, Human Resources Code, is
repealed.
SECTION 10. The changes in law made by this Act apply to a
person who receives financial assistance under Chapter 31, Human
Resources Code, on or after the effective date of this Act,
regardless of the date on which eligibility for the financial
assistance was determined.
SECTION 11. Not later than January 1, 2004, the Texas
Department of Human Services shall develop and implement the Work
Plus program required by Section 31.015, Human Resources Code, as
added by this Act.
SECTION 12. 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 13. This Act takes effect September 1, 2003.