82R7648 KSD-D
By: Castro H.B. No. 120
Substitute the following for H.B. No. 120:
By: Jackson C.S.H.B. No. 120
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 313 to read as follows:
CHAPTER 313. EMPLOYMENT SERVICES PROGRAM FOR CERTAIN CHILD SUPPORT
OBLIGORS
Sec. 313.001. 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. 313.002. PROGRAM. (a) The commission and the Title
IV-D agency jointly shall develop and administer an 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. 313.003. ELIGIBILITY. The commission, in
collaboration with the Title IV-D agency, by rule shall prescribe
criteria for determining a child support obligor's eligibility to
participate in the program. The criteria must include the
requirement that a child support obligor be unemployed or
underemployed.
Sec. 313.004. 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. In making
requests under this subsection, the Title IV-D agency shall give
priority to making requests in regard to obligors who are the 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.
(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. 313.005. 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. 313.006. 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 directing eligible child support 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 313, 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, 2011.