81R14716 KSD-F
 
  By: Castro, et al. H.B. No. 2636
 
  Substitute the following for H.B. No. 2636:
 
  By:  Rodriguez C.S.H.B. No. 2636
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the establishment of an employment services program to
  assist certain unemployed or underemployed child support obligors.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle B, Title 4, Labor Code, is amended by
  adding Chapter 312 to read as follows:
  CHAPTER 312. EMPLOYMENT SERVICES PROGRAM FOR CERTAIN CHILD SUPPORT
  OBLIGORS
         Sec. 312.001.  DEFINITIONS. In this chapter:
               (1)  "Nonrecipient parent" has the meaning assigned by
  Section 31.0021, Human Resources Code.
               (2)  "Obligor" has the meaning assigned by Section
  101.022, Family Code.
               (3)  "Title IV-D agency" has the meaning assigned by
  Section 101.033, Family Code.
               (4)  "Title IV-D case" has the meaning assigned by
  Section 101.034, Family Code.
         Sec. 312.002.  PROGRAM. (a)  The commission and the Title
  IV-D agency jointly shall develop and administer a statewide
  employment services program to provide eligible child support
  obligors with assistance in obtaining employment so that the
  obligors may satisfy their child support obligations.  The program
  shall:
               (1)  provide an eligible obligor employment services
  similar to those services provided to a recipient or nonrecipient
  parent under Chapter 31, Human Resources Code; and
               (2)  direct eligible obligors, in appropriate cases, to
  local workforce development boards for skills assessment, job
  training, job placement, and job monitoring.
         (b)  A referral of an eligible obligor to employment services
  under this chapter may be made in conjunction with a referral by the
  Title IV-D agency under Section 231.117, Family Code.
         Sec. 312.003.  ELIGIBILITY. To be eligible to receive
  employment services under the program, a child support obligor must
  be:
               (1)  a parent of a current or former recipient of
  financial assistance under Chapter 31, Human Resources Code, or
  medical assistance under Chapter 32, Human Resources Code; and
               (2)  unable to satisfy the obligor's child support
  obligation as a result of the obligor's unemployment or
  underemployment.
         Sec. 312.004.  REQUIRED PARTICIPATION BY CERTAIN OBLIGORS.
  (a) On a determination by the Title IV-D agency that an obligor in a
  Title IV-D case who is eligible to participate in the program is
  delinquent in paying a child support obligation, the agency may
  request a court of competent jurisdiction to render an order
  requiring the obligor to participate in the program.
         (b)  If the court orders an obligor to participate in the
  program, the commission shall:
               (1)  direct the obligor to an appropriate workforce
  development board for skills assessment, job training, job
  placement, and job monitoring; and
               (2)  monitor the obligor's participation in any
  required program activities.
         (c)  An obligor who fails to participate in the program as
  required by a court order shall be reported to the Title IV-D agency
  for the imposition of any penalty authorized by law.
         Sec. 312.005.  FUNDING. The commission may allocate for the
  development, implementation, and administration of the program any
  money available to the commission through the grant provided under
  Section 403, Social Security Act (42 U.S.C. Section 603), and may
  use any other federal or state funds available for that purpose.
         Sec. 312.006.  RULES. The commission, in collaboration with
  the Title IV-D agency, shall adopt rules as necessary for the
  administration of this chapter, including rules:
               (1)  for identifying eligible child support obligors
  and directing those obligors to the employment services provided by
  the program; and
               (2)  prescribing the job monitoring and reporting
  requirements under the program.
         SECTION 2.  As soon as practicable after the effective date
  of this Act, the Texas Workforce Commission, in collaboration with
  the Title IV-D agency, shall adopt rules for the administration of
  Chapter 312, Labor Code, as added by this Act.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.