HBA-MPM H.B. 1002 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1002
By: Naishtat
Human Services
2/23/2001
Introduced



BACKGROUND AND PURPOSE 

In 1995, the 74th Legislature enacted welfare reform.  Rather than
immediately conform with federal welfare reform passed by Congress in 1996,
Texas was allowed to take advantage of a waiver option authorizing a delay
in implementing some federal provisions.  Texas has achieved a work
participation credit of more than 50 percent for caseload reduction, giving
the state flexibility to retain current program work requirements when this
waiver expires in March 2002.  House Bill 1002 codifies the "good cause"
exemptions for certain clients receiving services under the Temporary
Assistance for Needy Families program (TANF) currently in effect through
the Department of Human Services.  

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 31.012, Human Resources Code) of this bill. 

ANALYSIS

House Bill 1002 amends the Human Resources Code to provide that the
required criteria established by the Texas Department of Humans Services
(DHS) for good cause noncompliance with financial assistance work
requirements must provide an exemption work or employment activities for a
person who: 

_is temporarily ill or incapacitated, incarcerated, or required to appear
in court; 

_demonstrates that transportation is unavailable or that arrangements for
transportation have failed;  

_demonstrates that child care is unavailable or that arrangements for child
care have failed;  

_lacks other necessary support services DHS considers necessary for
participation;  

_receives an employment referral resulting in an offer of employment that
pays less than minimum wage, except for certain training activities; 

_demonstrates that the only work or employment activity available to the
person takes more than two hours in commuting time to and from the person's
residence or cannot be reached by walking, and transportation is
unavailable; or 

_has a family crisis or circumstance, including family violence, that
precludes participation.   

The bill requires a person with a family crisis to attempt to resolve the
family crisis or other circumstance by participating in counseling services
or other support services identified by DHS through appropriate referrals.
The bill requires DHS to reevaluate an exemption granted due to family
violence at least once during each 90-day period following the date of the
exemption, and prohibits DHS from granting the  exemption longer than 12
months.  

The criteria must also provide a partial exemption under which a caretaker
of a child less than six years old is not required to work or participate
in employment activities for more than 20 hours a week, provided that the
caretaker is not a custodial parent who has not completed high school or
its equivalent or a member of a two-member household in which one parent is
able to care for the child. 

EFFECTIVE DATE

September 1, 2001.