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A BILL TO BE ENTITLED
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AN ACT
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relating to mandatory participation in certain TANF employment |
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programs by certain persons. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 31, Human Resources Code, |
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is amended by adding Section 31.0021 to read as follows: |
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Sec. 31.0021. DEFINITION OF NONRECIPIENT PARENT. |
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(a) Except as provided by Subsection (b), in this chapter, |
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"nonrecipient parent" means an adult or minor parent who is not a |
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recipient of financial assistance but who is living with the |
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person's child who is a recipient of financial assistance. |
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(b) "Nonrecipient parent" does not include: |
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(1) a minor parent who is not the head of household; |
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(2) a person who is ineligible for financial |
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assistance because of the person's immigration status; or |
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(3) a parent who cares for a disabled family member |
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living in the home if the family member does not attend school |
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full-time and the need for the care is supported by medical |
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documentation. |
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SECTION 2. Subsection (d), Section 31.0033, Human Resources |
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Code, is amended to read as follows: |
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(d) The department by rule shall establish criteria for good |
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cause failure to cooperate and guidelines for what constitutes a |
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good faith effort on behalf of a recipient under this section, |
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except that the Texas Workforce Commission shall establish criteria |
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for good cause failure to cooperate with regard to work or |
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employment activities in accordance with Section 31.012(b). |
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SECTION 3. The heading to Section 31.012, Human Resources |
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Code, is amended to read as follows: |
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Sec. 31.012. MANDATORY WORK OR PARTICIPATION IN EMPLOYMENT |
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ACTIVITIES [THROUGH THE JOB OPPORTUNITIES AND BASIC SKILLS
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PROGRAM]. |
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SECTION 4. Section 31.012, Human Resources Code, is amended |
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by amending Subsections (a) through (d) and adding Subsections |
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(c-1) and (g) to read as follows: |
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(a) The Health and Human Services Commission [department] |
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shall require that, during any one-month period in which an adult is |
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receiving or the child of a nonrecipient parent is receiving |
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financial assistance under this chapter, the adult or nonrecipient |
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parent shall during that period: |
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(1) work not less than 30 hours a week; or |
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(2) participate for not less than 20 hours a week in an |
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activity established under a Temporary Assistance for Needy |
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Families employment program under Part A, Subchapter IV, Social |
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Security Act (42 U.S.C. Section 601 et seq.) [the job opportunities
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and basic skills (JOBS) training program under Part F, Subchapter
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IV, Social Security Act (42 U.S.C. Section 682)]. |
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(b) The Texas Workforce Commission [department] by rule |
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shall establish criteria for good cause failure to cooperate and |
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for notification procedures regarding participation in work or |
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employment activities under this section. |
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(c) An adult recipient providing care for a disabled family |
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member living in the home, if the family member does not attend |
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school full-time, [A person who is the caretaker of a physically or
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mentally disabled child who requires the caretaker's presence] is |
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not required to participate in a program under this section. A |
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single person who is the caretaker of a child is not required to |
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participate in a program under this section [exempt] until the |
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caretaker's youngest child at the time the caretaker first became |
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eligible for assistance reaches the age of one. Notwithstanding |
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Sections 31.0035(b) and 32.0255(b), the department shall provide to |
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a person who is not required to participate in a program [exempt] |
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under this subsection and who voluntarily participates in a program |
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under Subsection (a)(2) six months of transitional benefits in |
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addition to the applicable limit prescribed by Section 31.0065. |
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(c-1) Notwithstanding Section 531.0055, Government Code, |
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the executive commissioner of the Health and Human Services |
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Commission may not adopt rules that provide exceptions to a |
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person's required participation in work or employment activities |
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that are in addition to the exceptions provided by Subsection (c). |
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(d) A state program operated under this section shall be |
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administered by the division of workforce development of the Texas |
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Workforce Commission [when the program is transferred to that
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commission]. |
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(g) A nonrecipient parent who receives Supplemental |
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Security Income (SSI) benefits under 42 U.S.C. Section 1381 et |
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seq., as amended, is not subject to the requirements of this |
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section. The Texas Workforce Commission may provide services to |
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the nonrecipient parent under this chapter in accordance with |
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commission rules. |
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SECTION 5. Subsection (a), Section 31.014, Human Resources |
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Code, is amended to read as follows: |
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(a) The Health and Human Services Commission [department] |
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shall provide financial assistance, in accordance with |
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[department] rules adopted by the executive commissioner of the |
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Health and Human Services Commission, to a two-parent family if the |
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primary wage earner parent, other than a nonrecipient parent |
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described by Section 31.012(g), is registered with a Temporary |
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Assistance for Needy Families employment program under Part A, |
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Subchapter IV, Social Security Act (42 U.S.C. Section 601 et seq.) |
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[in the job opportunities and basic skills (JOBS) training program
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under Part F, Subchapter IV, Social Security Act (42 U.S.C. Section
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682)], or is registered with the Texas Workforce [Employment] |
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Commission. |
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SECTION 6. Subsection (c), Section 31.0126, and Subsection |
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(c), Section 31.014, Human Resources Code, are repealed. |
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SECTION 7. The changes in law made by this Act apply to a |
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person receiving financial assistance, including a nonrecipient |
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parent, as defined by Section 31.0021, Human Resources Code, as |
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added by this Act, on or after the effective date of this Act, |
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regardless of the date the determination of eligibility for that |
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assistance was made. |
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SECTION 8. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 9. This Act takes effect September 1, 2007. |
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* * * * * |