HBA-MPM H.B. 3631 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3631
By: Naishtat
Human Services
4/12/1999
Introduced



BACKGROUND AND PURPOSE 

In 1997, the Texas Legislature enacted legislation addressing the safety of
victims of family violence as it relates to their inability to become
self-sufficient.  This law directed the Texas Department of Human Services
(DHS) to coordinate with the Texas Workforce Commission (TWC) and the
attorney general's child support division to develop policies and
procedures to allow  Temporary Assistance for Needy Families (TANF) clients
who are victims of domestic violence to be given temporary exemptions from
TANF requirements if meeting these requirements would adversely affect the
client's ability to attain financial independence, make it more difficult
for the client to escape family violence, or place the client at greater
risk of family violence. 

DHS, TWC, and the child support division have adopted basic regulations
allowing the law to be implemented, and further research is ongoing at this
time; however, based on that research to date, as well as demonstration
projects and reports from domestic violence advocates, implementation of
this law has not achieved all of the desired results.   

H.B. 3631 requires DHS, TWC, and various related entities to receive a
specified amount of training about domestic violence, and also requires a
TANF recipient who fails to fulfill TANF requirements to be interviewed by
an appropriately-trained person to determine if domestic violence or other
barriers have contributed to that failure, whether good cause for
noncooperation or noncompliance exists, and the services or support systems
needed to assist the recipient in complying with TANF requirements and
becoming self-sufficient prior to imposing a sanction on the client. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

Amends Subchapter B, Chapter 31, Section 31.0321, Human Resources Code, by
adding Subsections (d) and (e), as follows: 

(d)  Requires the staff of the Texas Department of Human Services (TDHS),
the Texas Workforce Commission (TWC), local workforce boards and their
subcontractors, and the Title IV-D agency (agency) to receive a minimum of
four hours of training about domestic violence, including: 

_its potential impact on clients' safety and their transition into the
workforce; 
_state laws and agency rules regarding options available to clients
receiving Temporary Assistance for Needy Families block grant funds (TANF
funds) for whom domestic violence poses a danger or an impediment to
attaining selfsufficiency; and  
_resources available within state or local government agencies and in local
communities to assist victims of domestic violence in making a transition
into the workforce.   

Requires the training to be provided for all staff who perform certain
specific functions with  respect to TANF funds. 

(e)  Requires a TANF recipient who fails to fulfill TANF requirements to be
interviewed by an appropriately-trained person to determine if domestic
violence or other barriers have contributed to that failure, whether good
cause for noncooperation or noncompliance exists, and the services or
support systems needed to assist the recipient in complying with TANF
requirements and becoming self-sufficient prior to imposing a sanction on
the client. 

(f) Redesignated from existing Subsection (d).

(g) Redesignated from existing Subsection (e).

SECTION 2.  Requires TDHS, using an independent research group, to conduct
a study using existing funds to develop procedures, identify services or
support systems, and their availability, to identify TANF applicants or
recipients with domestic violence problems posing a barrier to employment
and self-sufficiency, and those services or support systems most beneficial
to overcoming those barriers.  Requires TDHS to report the results of this
study to the legislature no later than January 15, 2001. 

SECTION 3.  Requires TDHS, TWC, and the agency to submit a joint report to
the legislature concerning the implementation of this Section 31.032, Human
Resources Code [sic] no later than January 15, 2001.  Provides that the
report is required to include certain information. 

SECTION 4.  Emergency clause.
  Effective date: 90 days after adjournment.