By: Nelson, et al. S.B. No. 11
A BILL TO BE ENTITLED
AN ACT
relating to the administration and operation of the Temporary
Assistance for Needy Families (TANF) program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. DRUG SCREENING AND TESTING OF CERTAIN TANF APPLICANTS
AND RECIPIENTS
SECTION 1.01. Subchapter B, Chapter 31, Human Resources
Code, is amended by adding Section 31.0321 to read as follows:
Sec. 31.0321. DRUG SCREENING AND TESTING; ELIGIBILITY.
(a) In this section:
(1) "Commission" means the Health and Human Services
Commission.
(2) "Controlled substance" has the meaning assigned by
Chapter 481, Health and Safety Code.
(b) Except as provided in Subsections (f) and (g), each
adult applicant for financial assistance benefits, including an
applicant applying solely on behalf of a child, who initially
applies for those benefits or who applies for the continuation of
those benefits must submit to a controlled substance use screening
assessment to establish the applicant's or the child's eligibility
for the benefits. In addition, each minor parent who is the head of
household must submit to a controlled substance use screening
assessment on the initial application for financial assistance
benefits and on any application for the continuation of those
benefits to establish the minor's eligibility for the benefits.
(c) A person whose controlled substance use screening
assessment conducted under this section indicates good cause to
suspect the person of controlled substance use shall submit to a
drug test to establish the eligibility of the person and the
person's family for financial assistance benefits.
(d) Except as provided in Subsection (e), a person whose
drug test conducted under this section indicates the presence in
the person's body of a controlled substance not prescribed for the
person by a health care practitioner is ineligible for financial
assistance benefits for the person and the person's family for a
period of 12 months beginning on the first day of the month after
the month in which the drug test was administered.
(e) A person who is denied financial assistance benefits
because of the results of a drug test conducted under this section
may reapply for financial assistance benefits six months after the
first day of the month after the month in which the drug test was
administered if the person provides proof of the person's
successful completion of or current enrollment in a substance abuse
treatment program. A person reapplying for financial assistance
benefits must submit to a drug test as required by Subsection (f),
regardless of whether the person is continuing to receive substance
abuse treatment.
(f) A person who is denied financial assistance benefits
because of the results of a drug test conducted under this section
must submit to a drug test, without first submitting to a controlled
substance use screening assessment, at the time of any
reapplication for financial assistance benefits and on any
application for the continuation of those benefits to establish the
eligibility of the person and the person's family for the benefits.
(g) A person who has been convicted of a felony drug offense
must submit to a drug test, without first submitting to a controlled
substance use screening assessment, at the time of an initial
application for financial assistance benefits and on any
application for the continuation of those benefits to establish the
eligibility of the person's family for the benefits.
(h) If a person is denied eligibility for financial
assistance benefits three times because of the results of a drug
test conducted under this section, the person and the person's
family are permanently ineligible for those benefits.
(i) Before denying financial assistance benefits under this
section, the commission must:
(1) notify the person who submitted to a drug test of
the results of the test and the commission's proposed determination
of ineligibility; and
(2) confirm the results of the drug test through a
second drug test or other appropriate method.
(j) The commission shall:
(1) use the most efficient and cost-effective
controlled substance use screening assessment tool that the
commission and the Department of State Health Services can develop
based on validated controlled substance use screening assessment
tools; and
(2) pay the cost of any controlled substance use
screening assessment or drug test administered under this section
out of the federal Temporary Assistance for Needy Families block
grant funds.
(k) The commission shall report to the Department of Family
and Protective Services for use in an investigation conducted under
Chapter 261, Family Code, if applicable, a person whose drug test
conducted under this section indicates the presence in the person's
body of a controlled substance not prescribed for the person by a
health care practitioner.
(l) The executive commissioner of the commission shall
adopt rules implementing this section.
SECTION 1.02. (a) Section 31.0321, Human Resources Code,
as added by this Act, applies to:
(1) an adult applicant, including an applicant
applying solely on behalf of a child, who initially applies for
financial assistance benefits under Chapter 31, Human Resources
Code, on or after the effective date of this Act;
(2) a minor parent who is the head of household who
initially applies for financial assistance benefits under Chapter
31, Human Resources Code, on or after the effective date of this
Act;
(3) an adult applicant, including an applicant
applying solely on behalf of a child, who applies for the
continuation of financial assistance benefits under Chapter 31,
Human Resources Code, on or after the effective date of this Act;
and
(4) a minor parent who is the head of household who
applies for the continuation of financial assistance benefits under
Chapter 31, Human Resources Code, on or after the effective date of
this Act.
(b) Except as provided by Subsections (a)(3) and (4) of this
section, an adult applicant, including an applicant applying solely
on behalf of a child, and a minor parent who is the head of household
who applied for financial assistance benefits under Chapter 31,
Human Resources Code, before the effective date of this Act are
governed by the law in effect when the person applied for financial
assistance benefits, and that law is continued in effect for that
purpose.
ARTICLE 2. MANDATORY PARTICIPATION IN TANF EMPLOYMENT PROGRAMS BY
CERTAIN PERSONS
SECTION 2.01. Section 31.0033(d), Human Resources Code, is
amended to read as follows:
(d) The executive commissioner of the Health and Human
Services Commission [department] by rule shall establish criteria
for good cause failure to cooperate and guidelines for what
constitutes a good faith effort on behalf of a recipient under this
section, except that the Texas Workforce Commission shall establish
criteria for good cause failure to cooperate with regard to work or
employment activities in accordance with Section 31.012(b).
SECTION 2.02. The heading to Section 31.012, Human
Resources Code, is amended to read as follows:
Sec. 31.012. MANDATORY WORK OR PARTICIPATION IN EMPLOYMENT
ACTIVITIES [THROUGH THE JOB OPPORTUNITIES AND BASIC SKILLS
PROGRAM].
SECTION 2.03. Section 31.012, Human Resources Code, is
amended by amending Subsections (a), (b), (c), (d), and (e) and
adding Subsections (c-1) and (g) to read as follows:
(a) Except as provided by Subsections (c) and (g), the
Health and Human Services Commission [The department] 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
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 under Part A, Subchapter IV, Social
Security Act (42 U.S.C. Section 601 et seq.) [the job opportunities
and basic skills (JOBS) training program under Part F, Subchapter
IV, Social Security Act (42 U.S.C. Section 682)].
(b) The Texas Workforce Commission [department] by rule
shall establish criteria for good cause failure to cooperate and
for notification procedures regarding participation in work or
employment activities under this section.
(c) A person providing care for [who is the caretaker of] a
family member with a disability [physically or mentally disabled
child] who lives in the person's home and requires the person's
[caretaker's] presence is not required to participate in a program
under this section. A single person who is the caretaker of a child
is exempt until the caretaker's youngest child at the time the
caretaker first became eligible for assistance reaches the age of
one. Notwithstanding Section [Sections] 31.0035(b) [and
32.0255(b)], the Texas Workforce Commission [department] shall
provide to a person who is exempt under this subsection and who
voluntarily participates in a program under Subsection (a)(2) six
months of transitional benefits in addition to the [applicable]
limit prescribed by Section 31.0065.
(c-1) Notwithstanding Section 531.0055, Government Code,
the executive commissioner of the Health and Human Services
Commission may not adopt rules that provide exceptions to a
person's required participation in work or employment activities
that are in addition to the exceptions provided by Subsections (c)
and (g).
(d) A state program operated under this section shall be
administered by the division of workforce development of the Texas
Workforce Commission [when the program is transferred to that
commission].
(e) The Texas Workforce Commission [department] shall allow
a person who is participating in work or employment activities
under this section to complete those activities if the person
becomes ineligible to receive financial assistance under this
chapter because the person receives child support in an amount that
makes the person ineligible for that assistance. The Texas
Workforce Commission [department] shall provide to the person
necessary child care services until the date on which the person
completes work or employment activities under this section.
(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 commission rules.
SECTION 2.04. Section 31.014(a), Human Resources Code, is
amended to read as follows:
(a) The Health and Human Services Commission [department]
shall provide financial assistance, in accordance with
[department] rules adopted by the executive commissioner of the
Health and Human Services Commission, to a two-parent family if the
primary wage earner parent, other than a nonrecipient parent
described by Section 31.012(g), is registered with a Temporary
Assistance for Needy Families employment program under Part A,
Subchapter IV, Social Security Act (42 U.S.C. Section 601 et seq.)
[in the job opportunities and basic skills (JOBS) training program
under Part F, Subchapter IV, Social Security Act (42 U.S.C. Section
682)], or is registered with the Texas Workforce [Employment]
Commission.
SECTION 2.05. Sections 31.0126(c) and 31.014(c), Human
Resources Code, are repealed.
SECTION 2.06. Section 31.012, Human Resources Code, as
amended by this Act, applies to a person receiving financial
assistance benefits under Chapter 31, Human Resources Code,
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 those
benefits was made.
ARTICLE 3. USE OF TANF BENEFITS
SECTION 3.01. Section 31.0355, Human Resources Code, is
amended by adding Subsection (c-1) to read as follows:
(c-1) A retailer who accepts payment for goods and services
through the EBT system shall ensure that financial assistance
benefits are not used to purchase goods and services the purchase of
which is not authorized under this section or rules adopted under
this section, including alcoholic beverages, tobacco products,
lottery tickets, adult entertainment, firearms, ammunition, and
bingo.
ARTICLE 4. TANF TIME LIMITS
SECTION 4.01. Section 31.0035(b), Human Resources Code, is
amended to read as follows:
(b) Except as provided by Section 31.012(c), the Texas
Workforce Commission [department] may provide the child-care
services only until the earlier of:
(1) the end of the [applicable] period prescribed by
Section 31.0065 for the provision of transitional benefits; or
(2) the first anniversary of the date on which the
person becomes ineligible for financial assistance because of
increased household income.
SECTION 4.02. Section 31.0065, Human Resources Code, is
amended to read as follows:
Sec. 31.0065. TIME-LIMITED BENEFITS. (a) Subject to the
exemptions adopted under Section 31.0067, the Health and Human
Services Commission [The department] may provide financial
assistance under this chapter only in accordance with the time
limits specified by this section. [The department by rule may
provide for exceptions to these time limits if severe personal
hardship or community economic factors prevent the recipient from
obtaining employment or if the state is unable to provide support
services.]
(b) The Health and Human Services Commission [department]
shall limit financial assistance provided to a person and the
person's family to a cumulative total of 36 months of financial
assistance benefits and 12 months of transitional benefits [and
transitional benefits in accordance with the following schedule:
[(1) financial assistance is limited to a cumulative
total of 12 months and transitional benefits are limited to 12
months if the person receiving financial assistance on behalf of a
dependent child has:
[(A) a high school diploma, a high school
equivalency certificate, or a certificate or degree from a two-year
or four-year institution of higher education or technical or
vocational school; or
[(B) recent work experience of 18 months or more;
[(2) financial assistance is limited to a cumulative
total of 24 months and transitional benefits are limited to 12
months if the person receiving financial assistance on behalf of a
dependent child has:
[(A) completed three years of high school; or
[(B) recent work experience of not less than six
or more than 18 months; and
[(3) financial assistance is limited to a cumulative
total of 36 months and transitional benefits of 12 months if the
person receiving financial assistance on behalf of a dependent
child has:
[(A) completed less than three years of high
school; and
[(B) less than six months of work experience].
(c) [If the recipient has completed less than three years of
high school and has less than six months work experience, the
department shall perform an in-depth assessment of the needs of
that person and that person's family. If the recipient cooperates
with the department's assessment, the time period prescribed by
Subsection (b)(3) begins on the first anniversary of the date on
which the department completes the assessment, as determined by the
department.
[(d)] The computation of time limits under Subsection (b)
begins when the person begins receiving financial assistance [adult
or teen parent recipient receives notification under Section
31.012(b) of the availability of an opening in and eligibility for
the job opportunity and basic skills (JOBS) program Part F,
Subchapter IV, Social Security Act (42 U.S.C. Section 682)].
[(e) In implementing the time-limited benefits program, the
department:
[(1) shall provide that a participant in the program
may reapply with the department for financial assistance on or
after the fifth anniversary of the date on which the participant is
totally disqualified from receiving assistance because of the
application of Subsection (b); and
[(2) shall establish the criteria for determining what
constitutes severe personal hardship under Subsection (a).
[(f) If the department is imposing time-limited benefits on
an individual, the department shall consider:
[(1) the assessment of the individual's need that was
conducted by the department, provided that if the needs assessment
indicates discrepancies between a client's self-reported
educational level and the client's functional abilities, the time
limits shall be based upon the functional educational level; and
[(2) the prevailing economic and employment
conditions in the area of the state where the individual resides.]
SECTION 4.03. Section 31.0066, Human Resources Code, is
amended by amending Subsection (a) and adding Subsection (c) to
read as follows:
(a) The [department, the] Texas Workforce Commission[,] and
the executive commissioner of the Health and Human Services
Commission shall jointly adopt rules prescribing circumstances
that constitute a hardship for purposes of exempting a recipient of
financial assistance from the application of time limits imposed by
federal law on the receipt of benefits.
(c) The rules must include guidelines to address the
continued participation in work or employment activities required
under Section 31.012 by recipients of financial assistance exempted
from the application of time limits imposed by federal law.
SECTION 4.04. Subchapter A, Chapter 31, Human Resources
Code, is amended by adding Section 31.0067 to read as follows:
Sec. 31.0067. HARDSHIP EXEMPTIONS FROM STATE TIME LIMITS.
(a) The Texas Workforce Commission and the executive commissioner
of the Health and Human Services Commission shall jointly adopt
rules prescribing circumstances that constitute a hardship for
purposes of exempting a recipient of financial assistance from the
application of time limits imposed by Section 31.0065 on the
receipt of benefits.
(b) The rules must include a broad range of circumstances
that reasonably prevent recipients of financial assistance from
becoming self-supporting before expiration of the period specified
by Section 31.0065.
(c) The rules must include guidelines to address the
continued participation in work or employment activities required
under Section 31.012 by recipients of financial assistance exempted
from the application of time limits imposed by Section 31.0065.
SECTION 4.05. Section 32.0255(b), Human Resources Code, is
amended to read as follows:
(b) Except as provided by Section 31.012(c), the state may
provide the medical assistance only until the earlier of:
(1) the end of the [applicable] period prescribed by
Section 31.0065 for the provision of transitional benefits; or
(2) the first anniversary of the date on which the
person becomes ineligible for financial assistance because of
increased household income.
SECTION 4.06. The Texas Workforce Commission and the
executive commissioner of the Health and Human Services Commission
shall adopt the rules required by Section 31.0066, Human Resources
Code, as amended by this Act, and Section 31.0067, Human Resources
Code, as added by this Act, not later than December 1, 2013.
SECTION 4.07. Section 31.0065, Human Resources Code, as
amended by this Act, applies to a person receiving financial
assistance benefits under Chapter 31, Human Resources Code, on or
after January 1, 2014, regardless of the date the determination of
eligibility for those benefits was made.
ARTICLE 5. TANF RESPONSIBILITY AGREEMENTS
SECTION 5.01. Section 31.0031, Human Resources Code, is
amended by amending Subsections (a), (d), and (g) and adding
Subsection (i) to read as follows:
(a) The Health and Human Services Commission [department]
shall require each adult recipient and each teen parent recipient
who is the head of household to sign a bill of responsibilities that
defines the responsibilities of the state and of the recipient and
encourages personal responsibility. The commission [department]
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
[department] 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
Health and Human Services Commission [department] 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 Texas Workforce Commission [department];
(4) each adult recipient and each teen parent
recipient who is the head of household 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 Texas Workforce Commission
[department];
(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
and each [or] teen parent younger than 19 years of age and other
teen parent recipient who is the head of household attend school
regularly, unless the person [child] has a high school diploma or
high school equivalency certificate or is a child who is
specifically exempted from school attendance under Section 25.086,
Education Code;
(7) each recipient comply with Health and Human
Services Commission [department] rules regarding proof of school
attendance; and
(8) each recipient attend appropriate parenting
skills training classes, as determined by the needs assessment.
(g) In this section:
(1) "Caretaker relative" means a person who is listed
as a relative eligible to receive assistance under 42 U.S.C.
Section 602(a).
(2) "Payee" means a person, excluding a nonrecipient
parent, who resides in a household with a dependent child and who is
within the degree of relationship with the child that is required of
a caretaker but whose needs are not included in determining the
amount of financial assistance provided for the person's household.
(i) The Health and Human Services Commission shall require
each nonrecipient parent to sign a bill of responsibilities that
defines the responsibilities of the state and of the nonrecipient
parent. The responsibility agreement must require that a
nonrecipient parent comply with the requirements of Subsections
(d)(1) through (8).
SECTION 5.02. Section 31.0031(f), Human Resources Code, is
repealed.
ARTICLE 6. STUDY
SECTION 6.01. STUDY OF ELECTRONIC PROVISION OF FINANCIAL
ASSISTANCE BENEFITS. (a) The Health and Human Services Commission
shall study the feasibility of providing financial assistance
benefits under Chapter 31, Human Resources Code, in the form of an
electronic voucher that can be used and accepted in the same manner
as a credit card.
(b) Not later than September 1, 2014, the Health and Human
Services Commission shall report its findings to the governor, the
lieutenant governor, the speaker of the house of representatives,
the Senate Health and Human Services Committee or its successor,
and the House Human Services Committee or its successor.
(c) This section expires September 1, 2015.
ARTICLE 7. FEDERAL AUTHORIZATION AND EFFECTIVE DATE
SECTION 7.01. 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 7.02. This Act takes effect September 1, 2013.