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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of an employment services program to |
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assist certain unemployed or underemployed child support obligors. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 4, Labor Code, is amended by |
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adding Chapter 313 to read as follows: |
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CHAPTER 313. EMPLOYMENT SERVICES PROGRAM FOR CERTAIN CHILD SUPPORT |
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OBLIGORS |
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Sec. 313.001. DEFINITIONS. In this chapter: |
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(1) "Nonrecipient parent" has the meaning assigned by |
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Section 31.0021, Human Resources Code. |
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(2) "Obligor" has the meaning assigned by Section |
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101.022, Family Code. |
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(3) "Title IV-D agency" has the meaning assigned by |
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Section 101.033, Family Code. |
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(4) "Title IV-D case" has the meaning assigned by |
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Section 101.034, Family Code. |
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Sec. 313.002. PROGRAM. (a) The commission and the Title |
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IV-D agency jointly shall develop and administer an employment |
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services program to provide eligible child support obligors with |
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assistance in obtaining employment so that the obligors may satisfy |
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their child support obligations. The program shall: |
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(1) provide an eligible obligor employment services |
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similar to those services provided to a recipient or nonrecipient |
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parent under Chapter 31, Human Resources Code; and |
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(2) direct eligible obligors, in appropriate cases, to |
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local workforce development boards for skills assessment, job |
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training, job placement, and job monitoring. |
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(b) A referral of an eligible obligor to employment services |
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under this chapter may be made in conjunction with a referral by the |
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Title IV-D agency under Section 231.117, Family Code. |
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Sec. 313.003. ELIGIBILITY. The commission, in |
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collaboration with the Title IV-D agency, by rule shall prescribe |
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criteria for determining a child support obligor's eligibility to |
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participate in the program. The criteria must include the |
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requirement that a child support obligor be unemployed or |
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underemployed. |
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Sec. 313.004. REQUIRED PARTICIPATION BY CERTAIN OBLIGORS. |
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(a) On a determination by the Title IV-D agency that an obligor in a |
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Title IV-D case who is eligible to participate in the program is |
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delinquent in paying a child support obligation, the agency may |
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request a court of competent jurisdiction to render an order |
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requiring the obligor to participate in the program. In making |
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requests under this subsection, the Title IV-D agency shall give |
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priority to making requests in regard to obligors who are the parent |
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of a current or former recipient of financial assistance under |
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Chapter 31, Human Resources Code, or medical assistance under |
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Chapter 32, Human Resources Code. |
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(b) If the court orders an obligor to participate in the |
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program, the commission shall: |
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(1) direct the obligor to an appropriate workforce |
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development board for skills assessment, job training, job |
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placement, and job monitoring; and |
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(2) monitor the obligor's participation in any |
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required program activities. |
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(c) An obligor who fails to participate in the program as |
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required by a court order shall be reported to the Title IV-D agency |
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for the imposition of any penalty authorized by law. |
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Sec. 313.005. FUNDING. The commission may allocate for the |
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development, implementation, and administration of the program any |
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money available to the commission through the grant provided under |
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Section 403, Social Security Act (42 U.S.C. Section 603), and may |
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use any other federal or state funds available for that purpose. |
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Sec. 313.006. RULES. The commission, in collaboration with |
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the Title IV-D agency, shall adopt rules as necessary for the |
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administration of this chapter, including rules: |
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(1) for directing eligible child support obligors to |
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the employment services provided by the program; and |
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(2) prescribing the job monitoring and reporting |
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requirements under the program. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, the Texas Workforce Commission, in collaboration with |
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the Title IV-D agency, shall adopt rules for the administration of |
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Chapter 313, Labor Code, as added by this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |