Texas 2009 - 81st Regular

Texas House Bill HB3388 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R10683 KLA-F
2	2	By: Davis of Harris H.B. No. 3388
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to mandatory participation in certain TANF employment
8	8	programs by certain persons.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 31.0033(d), Human Resources Code, is
11	11	amended to read as follows:
12	12	(d) The department by rule shall establish criteria for good
13	13	cause failure to cooperate and guidelines for what constitutes a
14	14	good faith effort on behalf of a recipient under this section,
15	15	except that the Texas Workforce Commission shall establish criteria
16	16	for good cause failure to cooperate with regard to work or
17	17	employment activities in accordance with Section 31.012(b).
18	18	SECTION 2. The heading to Section 31.012, Human Resources
19	19	Code, is amended to read as follows:
20	20	Sec. 31.012. MANDATORY WORK OR PARTICIPATION IN EMPLOYMENT
21	21	ACTIVITIES [THROUGH THE JOB OPPORTUNITIES AND BASIC SKILLS
22	22	PROGRAM].
23	23	SECTION 3. Section 31.012, Human Resources Code, is amended
24	24	by amending Subsections (a), (b), (c), and (d) and adding
25	25	Subsections (c-1) and (g) to read as follows:
26	26	(a) The Health and Human Services Commission [department]
27	27	shall require that, during any one-month period in which an adult is
28	28	receiving or the child of a nonrecipient parent is receiving
29	29	financial assistance under this chapter, the adult or nonrecipient
30	30	parent shall during that period:
31	31	(1) work not less than 30 hours a week; or
32	32	(2) participate for not less than 20 hours a week in an
33	33	activity established under a Temporary Assistance for Needy
34	34	Families employment program under Part A, Subchapter IV, Social
35	35	Security Act (42 U.S.C. Section 601 et seq.) [the job opportunities
36	36	and basic skills (JOBS) training program under Part F, Subchapter
37	37	IV, Social Security Act (42 U.S.C. Section 682)].
38	38	(b) The Texas Workforce Commission [department] by rule
39	39	shall establish criteria for good cause failure to cooperate and
40	40	for notification procedures regarding participation in work or
41	41	employment activities under this section.
42	42	(c) An adult recipient providing care for a disabled family
43	43	member living in the home, if the family member does not attend
44	44	school full-time, [A person who is the caretaker of a physically or
45	45	mentally disabled child who requires the caretaker's presence] is
46	46	not required to participate in a program under this section. A
47	47	single person who is the caretaker of a child is not required to
48	48	participate in a program under this section [exempt] until the
49	49	caretaker's youngest child at the time the caretaker first became
50	50	eligible for assistance reaches the age of one. Notwithstanding
51	51	Sections 31.0035(b) and 32.0255(b), the department shall provide to
52	52	a person who is not required to participate in a program [exempt]
53	53	under this subsection and who voluntarily participates in a program
54	54	under Subsection (a)(2) six months of transitional benefits in
55	55	addition to the applicable limit prescribed by Section 31.0065.
56	56	(c-1) Notwithstanding Section 531.0055, Government Code,
57	57	the executive commissioner of the Health and Human Services
58	58	Commission may not adopt rules that provide exceptions to a
59	59	person's required participation in work or employment activities
60	60	that are in addition to the exceptions provided by Subsection (c).
61	61	(d) A state program operated under this section shall be
62	62	administered by the division of workforce development of the Texas
63	63	Workforce Commission [when the program is transferred to that
64	64	commission].
65	65	(g) A nonrecipient parent who receives Supplemental
66	66	Security Income (SSI) benefits under 42 U.S.C. Section 1381 et seq.
67	67	is not subject to the requirements of this section. The Texas
68	68	Workforce Commission may provide services to the nonrecipient
69	69	parent under this chapter in accordance with commission rules.
70	70	SECTION 4. Section 31.014(a), Human Resources Code, is
71	71	amended to read as follows:
72	72	(a) The Health and Human Services Commission [department]
73	73	shall provide financial assistance, in accordance with
74	74	[department] rules adopted by the executive commissioner of the
75	75	Health and Human Services Commission, to a two-parent family if the
76	76	primary wage earner parent, other than a nonrecipient parent
77	77	described by Section 31.012(g), is registered with a Temporary
78	78	Assistance for Needy Families employment program under Part A,
79	79	Subchapter IV, Social Security Act (42 U.S.C. Section 601 et seq.)
80	80	[in the job opportunities and basic skills (JOBS) training program
81	81	under Part F, Subchapter IV, Social Security Act (42 U.S.C. Section
82	82	682)], or is registered with the Texas Workforce [Employment]
83	83	Commission.
84	84	SECTION 5. Sections 31.0126(c) and 31.014(c), Human
85	85	Resources Code, are repealed.
86	86	SECTION 6. The changes in law made by this Act apply to a
87	87	person receiving financial assistance, including a nonrecipient
88	88	parent, as defined by Section 31.0021, Human Resources Code, on or
89	89	after the effective date of this Act, regardless of the date the
90	90	determination of eligibility for that assistance was made.
91	91	SECTION 7. If before implementing any provision of this Act
92	92	a state agency determines that a waiver or authorization from a
93	93	federal agency is necessary for implementation of that provision,
94	94	the agency affected by the provision shall request the waiver or
95	95	authorization and may delay implementing that provision until the
96	96	waiver or authorization is granted.
97	97	SECTION 8. This Act takes effect September 1, 2009.