HBA-DMD S.B. 13 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 13
By: Zaffirini
Human Services
5/14/1999
Engrossed



BACKGROUND AND PURPOSE 

Currently in Texas, a consideration for determining eligibility for
Temporary Assistance for Needy Families (TANF) is whether income is earned.
Under the current program, recipients lose eligibility for cash and
Medicaid when starting a 20-hour per week job. S.B. 13 prohibits the Texas
Department of Human Services (department) from considering any earned
income in excess of $120 received by the recipient up to the first six
months in which income from employment is received, if a recipient of
financial assistance becomes employed while receiving the assistance. This
bill prohibits the department from disregarding earned income of a
recipient who left a position of employment voluntarily without good cause
while receiving financial assistance or during a specified period. It
prohibits the department from disregarding the earned income of a former
recipient of the earned income disregards benefit until the first
anniversary of the day after the last date on which the former recipient's
earned income was disregarded under that subsection. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Department of Human Services
in SECTION 1 (Section 31.0038, Human Resources Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter A, Chapter 31, Human Resources Code, by
adding Section 31.0038, as follows: 

Sec. 31.0038. EARNED INCOME DISREGARDS FOR EMPLOYMENT. (a) Provides that
the purpose of the earned income disregards benefit is to assist a
recipient of financial assistance in making a successful transition from
the receipt of financial assistance to employment and self-sufficiency. 

(b) Defines "former recipient of the earned income disregards benefit" in
this section. 

(c) Prohibits the Texas Department of Human Services (department), if a
recipient of financial assistance becomes employed while receiving the
assistance, from considering any earned income in excess of $120 received
by the recipient up to the first six months in which income from employment
is received for purposes of certain determinations. 

(d) Prohibits the department from disregarding earned income of a recipient
who left a position of employment voluntarily without good cause while
receiving financial assistance or during a specified period, to be
determined by department rule, that immediately precedes the date on which
the recipient obtained new employment. 

(e) Prohibits the department from disregarding the earned income of a
former recipient of the earned income disregards benefit until the first
anniversary of the day after the last date on which the former recipient's
earned income was disregarded under that subsection. 

(f) Prohibits the department from exempting the recipient from
participating in a work or  employment activity under Section 31.012
(Mandatory Work or Participation in Employment Activities Through the Job
Opportunities and Basic Skills Program), Human Resources Code, during the
period the earned income of a recipient is disregarded by the department
under Subsection (c). 

(g) Sets requirements for the department, when adopting rules under this
section. 

SECTION 2.  Repealer: Section 31.043 (Inactive Electronic Benefits Transfer
Account), Human Resources Code, as added by Chapter 878, Acts of the 75th
Legislature, Regular Session, 1997. 

SECTION 3.  Requires the department, if before implementing any provision
of this Act a state agency determines that a waiver or other authorization
from a federal agency is necessary for implementation, to request the
waiver or authorization and authorizes the department to delay implementing
that provision until the waiver or authorization is granted. 

SECTION 4.  Provides that the change in law made by Section 31.0038, Human
Resources Code, as added by this Act, applies only to a person who receives
financial assistance under Chapter 31, Human Resources Code, on or after
the effective date of this Act, regardless of the date on which eligibility
for the financial assistance was determined. 

SECTION 5.Effective date: September 1, 1999, except as provided by Section
6 of this Act. 

SECTION 6.  Provides that this Act takes effect only if a specific
appropriation for the implementation of this Act is provided in H.B. No. 1
(General Appropriations Act), Acts of the 76th Legislature, Regular
Session, 1999. Provides that if no specific appropriation is provided in
H.B. No. 1, this Act has no effect. 

SECTION 7.Emergency clause.