By: Perry  S.B. No. 723
         (In the Senate - Filed February 24, 2015; March 2, 2015,
  read first time and referred to Committee on Health and Human
  Services; April 20, 2015, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 6, Nays 2;
  April 20, 2015, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 723 By:  Perry
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to mandatory participation in certain TANF employment and
  other programs by certain persons.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 31.0031(a) and (d), Human Resources
  Code, as amended by S.B. No. 219, Acts of the 84th Legislature,
  Regular Session, 2015, are amended to read as follows:
         (a)  The commission shall require each adult recipient and
  nonrecipient parent to sign a bill of responsibilities that defines
  the responsibilities of the state and of the recipient or
  nonrecipient parent, as applicable, and encourages personal
  responsibility.  The commission shall explain to the applicant the
  work requirements and time-limited benefits in addition to the
  other provisions of the agreement before the applicant signs the
  agreement.  The commission shall provide each applicant with a copy
  of the signed agreement.  The agreement shall include pertinent
  case information, including the case number and a listing of the
  state's benefits.
         (d)  The responsibility agreement shall require that:
               (1)  the parent of a dependent child cooperate with the
  commission and the Title IV-D agency if necessary to establish the
  paternity of the dependent child and to establish or enforce child
  support;
               (2)  if adequate and accessible providers of the
  services are available in the geographic area and subject to the
  availability of funds, each dependent child, as appropriate,
  complete early and periodic screening, diagnosis, and treatment
  checkups on schedule and receive the immunization series prescribed
  by Section 161.004, Health and Safety Code, unless the child is
  exempt under that section;
               (3)  each adult recipient, or teen parent recipient who
  has completed the requirements regarding school attendance in
  Subdivision (6), not voluntarily terminate paid employment of at
  least 30 hours each week without good cause in accordance with rules
  adopted by the executive commissioner;
               (4)  each adult recipient for whom a needs assessment
  is conducted participate in an activity to enable that person to
  become self-sufficient by:
                     (A)  continuing the person's education or
  becoming literate;
                     (B)  entering a job placement or employment skills
  training program;
                     (C)  serving as a volunteer in the person's
  community; or
                     (D)  serving in a community work program or other
  work program approved by the commission;
               (5)  each caretaker relative or parent receiving
  assistance not use, sell, or possess marihuana or a controlled
  substance in violation of Chapter 481, Health and Safety Code, or
  abuse alcohol;
               (6)  each dependent child younger than 18 years of age
  or teen parent younger than 19 years of age attend school regularly,
  unless the child has a high school diploma or high school
  equivalency certificate or is specifically exempted from school
  attendance under Section 25.086, Education Code;
               (7)  each recipient comply with commission rules
  regarding proof of school attendance; [and]
               (8)  each recipient or nonrecipient parent, as
  applicable, attend appropriate parenting skills training classes,
  as determined by a [the] needs assessment; and
               (9)  each nonrecipient parent, other than a
  nonrecipient parent exempt from the requirements, including a
  nonrecipient parent subject to Section 31.012(c) or (g), satisfy
  mandatory employment or employment training requirements under
  Section 31.012.
         SECTION 2.  Section 31.012, Human Resources Code, is amended
  by amending Subsection (a), as amended by S.B. No. 219, Acts of the
  84th Legislature, Regular Session, 2015, and adding Subsection (g)
  to read as follows:
         (a)  The Health and Human Services Commission shall require
  that, during any one-month period in which an adult is receiving or
  the child of a nonrecipient parent is receiving financial
  assistance under this chapter, the adult or nonrecipient parent, as
  applicable, shall during that period:
               (1)  work not less than 30 hours a week; or
               (2)  participate for not less than 20 hours a week in an
  activity established under a Temporary Assistance for Needy
  Families employment program established under Part A, Subchapter
  IV, Social Security Act (42 U.S.C. Section 601 et seq.).
         (g)  A nonrecipient parent who receives Supplemental
  Security Income (SSI) benefits under 42 U.S.C. Section 1381 et seq.
  is not subject to the requirements of this section.  The Texas
  Workforce Commission may provide services to the nonrecipient
  parent under this chapter in accordance with rules adopted by the
  executive commissioner.
         SECTION 3.  Section 31.0126(c), Human Resources Code, as
  amended by S.B. No. 219, Acts of the 84th Legislature, Regular
  Session, 2015, is amended to read as follows:
         (c)  In adopting rules governing a program prescribed by this
  section, the executive commissioner shall:
               (1)  establish [the] criteria consistent with this
  chapter for determining which recipients and nonrecipient parents
  who are eligible to participate in the Temporary Assistance for
  Needy Families employment programs established under Part A,
  Subchapter IV, Social Security Act (42 U.S.C. Section 601 et seq.),
  may be required to participate in a particular program; and
               (2)  ensure that a recipient or a nonrecipient parent
  who is incapable of participating in a particular program is not
  required to participate in that program.
         SECTION 4.  Sections 31.0135(a) and (b), Human Resources
  Code, as amended by S.B. No. 219, Acts of the 84th Legislature,
  Regular Session, 2015, are amended to read as follows:
         (a)  The commission, in cooperation with the Texas Education
  Agency, the Department of Family and Protective Services, the Texas
  A&M AgriLife Extension Service, or any other public or private
  entity, shall develop a parenting skills training program to assist
  a recipient of assistance under this chapter, including a child who
  receives assistance on behalf of a dependent child, and a
  nonrecipient parent.  The program shall include nutrition
  education, budgeting and survival skills, and instruction on the
  necessity of physical and emotional safety for children.
         (b)  The commission shall require that a caretaker relative
  or parent who is receiving assistance under this chapter on behalf
  of a dependent child, including a nonrecipient parent, receive
  appropriate parenting skills training as needed.  The training must
  include one or more components of the parenting skills training
  program that the commission determines will be useful to the
  caretaker relative or parent.
         SECTION 5.  The changes in law made by this Act apply to a
  person receiving financial assistance, including a nonrecipient
  parent, as defined by Section 31.0021, Human Resources Code, on or
  after the effective date of this Act, regardless of the date the
  determination of eligibility for that assistance was made.
         SECTION 6.  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 7.  This Act takes effect September 1, 2015.
 
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