HUMAN RESOURCES CODE
SUBTITLE C. ASSISTANCE PROGRAMS
CHAPTER 31. FINANCIAL ASSISTANCE AND SERVICE PROGRAMS
SUBCHAPTER A. ELIGIBILITY FOR FINANCIAL ASSISTANCE AND SERVICES
§ 31.001. AID TO FAMILIES WITH DEPENDENT CHILDREN. The
department shall provide financial assistance and services to
families with dependent children in accordance with the provisions
of this chapter. The department shall give first priority in
administering this chapter to assisting an adult recipient of or
unemployed applicant for the financial assistance and services in
finding and retaining a job.
Acts 1979, 66th Leg., p. 2343, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1995, 74th Leg., ch. 655, § 1.01, eff.
Sept. 1, 1995.
§ 31.002. DEFINITION OF DEPENDENT CHILD. (a) In this
chapter, the term "dependent child" applies to a child:
(1) who is a resident of this state;
(2) who is under 18 years of age or is under 19 years of
age and is a full-time student in a secondary school or at the
equivalent level of vocational or technical training if, before the
child's 19th birthday, the child may reasonably be expected to
complete the secondary school or training program;
(3) who has been deprived of parental support or care
because of the death, continued absence from home, or physical or
mental incapacity of a parent;
(4) who has insufficient income or other resources to
provide a reasonable subsistence compatible with health and
decency; and
(5) who is living in the home residence of his or her
father, mother, grandfather, grandmother, brother, sister,
stepfather, stepmother, stepbrother, stepsister, uncle, aunt,
first cousin, nephew, or niece.
(b) In this chapter, the term "dependent child" also applies
to a child:
(1) who meets the specifications set forth in
Subdivisions (1)-(4) of the preceding subsection;
(2) who has been removed from the home of a relative
specified in Subdivision (5) of the preceding subsection as a
result of a judicial determination that the child's residence there
is contrary to his or her welfare;
(3) whose placement and care are the responsibility of
the department, the Department of Protective and Regulatory
Services, or an agency with which the department or the Department
of Protective and Regulatory Services has entered into an agreement
for the care and supervision of the child;
(4) who has been placed in a foster home or child-care
institution by the department or the Department of Protective and
Regulatory Services; and
(5) for whom the state may receive federal funds for
the purpose of providing foster care in accordance with rules
promulgated by the department.
Acts 1979, 66th Leg., p. 2343, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1993, 73rd Leg., ch. 395, § 1, eff. June 2,
1993; Acts 1995, 74th Leg., ch. 76, § 8.014, eff. Sept. 1, 1995.
§ 31.003. AMOUNT OF FINANCIAL ASSISTANCE. (a) The
department shall adopt rules governing the determination of the
amount of financial assistance to be granted for the support of a
dependent child. The amount granted, when combined with the income
and other resources available for the child's support, must be
sufficient to provide the child with a subsistence compatible with
decency and health.
(b) In considering the amount of income or other resources
available to a child or a relative claiming financial assistance on
the child's behalf, the department shall also consider reasonable
expenses attributable to earning the income. The department may
permit all or part of the earned or other income to be set aside for
the future identifiable needs of the child, subject to limitations
prescribed by the department.
(c) The department's agents employed in the region or county
in which the dependent child resides shall determine the amount to
be paid in accordance with the rules promulgated by the department.
Acts 1979, 66th Leg., p. 2343, ch. 842, art. 1, § 1, eff. Sept. 1,
1979.
§ 31.0031. RESPONSIBILITY AGREEMENT. (a) The
department shall require each adult recipient to sign a bill of
responsibilities that defines the responsibilities of the state and
of the recipient and encourages personal responsibility. The
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 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.
(b) The responsibilities of the state shall include
administering programs, within available resources, that:
(1) promote clear and tangible goals for recipients;
(2) enable parents to provide for their children's
basic necessities in a time-limited benefits program;
(3) promote education, job training, and workforce
development;
(4) support the family structure through life and
parenting skills training;
(5) are efficient, fraud-free, and easily accessible
by recipients;
(6) gather accurate client information; and
(7) give communities the opportunity to develop
alternative programs that meet the unique needs of local
recipients.
(c) The department shall adopt rules governing sanctions
and penalties under this section to or for:
(1) a person who fails to cooperate with each
applicable requirement of the responsibility agreement prescribed
by this section; and
(2) the family of a person who fails to cooperate with
each applicable requirement of the responsibility agreement.
(d) The responsibility agreement shall require that:
(1) the parent of a dependent child cooperate with the
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 department;
(4) each adult recipient 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 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
or teen parent younger than 19 years of age attend school regularly,
unless the child has a high school diploma or high school
equivalency certificate or is specifically exempted from school
attendance under Section 25.086, Education Code;
(7) each recipient comply with department rules
regarding proof of school attendance; and
(8) each recipient attend appropriate parenting
skills training classes, as determined by the needs assessment.
(e) In conjunction with the Texas Education Agency, the
department by rule shall ensure compliance with the school
attendance requirements of Subsection (d)(6) by establishing
criteria for:
(1) determining whether a child is regularly attending
school;
(2) exempting a child from school attendance in
accordance with Subchapter C, Chapter 25, Education Code; and
(3) determining when an absence is excused.
(f) The department by rule may provide for exemptions from
Subsection (d)(4) or for a teen parent under Subsection (d)(6). The
department may not require participation in an activity under
Subsection (d)(4) or for a teen parent under Subsection (d)(6) if
funding for support services is unavailable.
(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 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.
(h) The department shall require each payee to sign a bill
of responsibilities that defines the responsibilities of the state
and of the payee. The responsibility agreement must require that a
payee comply with the requirements of Subsections (d)(1), (2), (5),
(6), and (7).
Added by Acts 1995, 74th Leg., ch. 655, § 2.02(a), eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, § 6.53, eff.
Sept. 1, 1997; Acts 1997, 75th Leg., ch. 682, § 1, eff. Sept. 1,
1997; Acts 2003, 78th Leg., ch. 198, § 2.86(a), 2.87, eff. Sept.
1, 2003.
§ 31.0032. PAYMENT OF ASSISTANCE FOR
PERFORMANCE. (a) Except as provided by Section 231.115, Family
Code, if after an investigation the department or the Title IV-D
agency determines that a person is not cooperating with a
requirement of the responsibility agreement required under Section
31.0031, the department shall immediately apply a sanction
terminating the total amount of financial assistance provided under
this chapter to or for the person and the person's family.
(a-1) The department shall apply a sanction or penalty
imposed under Subsection (a) for a period ending when the person
demonstrates cooperation with the requirement of the
responsibility agreement for which the sanction was imposed or for
a one-month period, whichever is longer.
(b) The department shall immediately notify the caretaker
relative, second parent, or payee receiving the financial
assistance if the department will not make the financial assistance
payment for the period prescribed by Subsection (a-1) because of a
person's failure to cooperate with the requirements of the
responsibility agreement during a month.
(c) To the extent allowed by federal law, the Health and
Human Services Commission or any health and human services agency,
as defined by Section 531.001, Government Code, may deny medical
assistance for a person who is eligible for financial assistance
but to whom that assistance is not paid because of the person's
failure to cooperate. Medical assistance to the person's family
may not be denied for the person's failure to cooperate. Medical
assistance may not be denied to a person receiving assistance under
this chapter who is under the age of 19, a pregnant adult, or any
other person who may not be denied medical assistance under federal
law.
(d) This section does not prohibit the Texas Workforce
Commission, the Health and Human Services Commission, or any health
and human services agency, as defined by Section 531.001,
Government Code, from providing child care or any other related
social or support services for an individual who is eligible for
financial assistance but to whom that assistance is not paid
because of the individual's failure to cooperate.
(e) The department by rule shall establish procedures to
determine whether a person has cooperated with the requirements of
the responsibility agreement.
Added by Acts 1995, 74th Leg., ch. 655, § 2.02(a), eff. Sept. 1,
1995. Amended by Acts 1999, 76th Leg., ch. 556, § 74, eff. Sept.
1, 1999; Acts 2003, 78th Leg., ch. 198, § 2.88(a), eff. Sept. 1,
2003.
§ 31.0033. GOOD CAUSE HEARING FOR FAILURE TO
COOPERATE. (a) If the department or Title IV-D agency determines
that a person has failed to cooperate with the requirements of the
responsibility agreement under Section 31.0031, the person
determined to have failed to cooperate or, if different, the person
receiving the financial assistance may request a hearing to show
good cause for failure to cooperate not later than the 13th day
after the date the notice is sent under Section 31.0032. If the
person determined to have failed to cooperate or, if different, the
person receiving the financial assistance requests a hearing to
show good cause not later than the 13th day after the date on which
the notice is sent under Section 31.0032, the department may not
withhold or reduce the payment of financial assistance until the
department determines whether the person had good cause for the
person's failure to cooperate. On a showing of good cause for
failure to cooperate, the person may receive a financial assistance
payment for the period in which the person failed to cooperate, but
had good cause for that failure to cooperate.
(b) The department shall promptly conduct a hearing if a
timely request is made under Subsection (a).
(c) If the department finds that good cause for the person's
failure to cooperate was not shown at a hearing, the department may
not make a financial assistance payment in any amount to the person
for the person or the person's family for the period prescribed by
Section 31.0032(a-1).
(d) The 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.
(e) Except as provided by a waiver or modification granted
under Section 31.0322, a person has good cause for failing or
refusing to cooperate with the requirement of the responsibility
agreement under Section 31.0031(d)(1) only if:
(1) the person's cooperation would be harmful to the
physical, mental, or emotional health of the person or the person's
dependent child; or
(2) the person's noncooperation resulted from other
circumstances the person could not control.
Added by Acts 1995, 74th Leg., ch. 655, § 2.02(a), eff. Sept. 1,
1995. Amended by Acts 1999, 76th Leg., ch. 556, § 75, eff. Sept.
1, 1999; Acts 2003, 78th Leg., ch. 198, § 2.88(a), eff. Sept. 1,
2003.
§ 31.00331. ADDITIONAL PENALTY FOR CONTINUOUS FAILURE TO
COOPERATE. A person who fails to cooperate with the responsibility
agreement for two consecutive months becomes ineligible for
financial assistance for the person or the person's family. The
person may reapply for financial assistance but must cooperate with
the requirements of the responsibility agreement for a one-month
period before receiving an assistance payment for that month.
Added by Acts 2003, 78th Leg., ch. 198, § 2.88(b), eff. Sept. 1,
2003.
§ 31.0034. ANNUAL REPORT. The department shall prepare
and submit an annual report to the legislature that contains
statistical information regarding persons who are applying for or
receiving financial assistance or services under this chapter,
including the number of persons receiving assistance, the type of
assistance those persons are receiving, and the length of time
those persons have been receiving the assistance. The report also
must contain information on:
(1) the number of persons to whom time limits apply;
(2) the number of persons under each time limit
category;
(3) the number of persons who are exempt from
participation under Section 31.012(c);
(4) the number of persons who were receiving financial
assistance under this chapter but are no longer eligible to receive
that assistance because they failed to cooperate with the
requirements prescribed by Section 31.0031;
(5) the number of persons who are no longer eligible to
receive financial assistance or transitional benefits under this
chapter because:
(A) the person's household income has increased
due to employment; or
(B) the person has exhausted the person's
benefits under this chapter;
(6) the number of persons receiving child care, job
training, or other support services designed to assist the
transition to self-sufficiency; and
(7) the number of persons who were eligible to receive
financial assistance under this chapter for each one-month period
but to whom that financial assistance was not paid because the
person failed to cooperate with the requirements of the
responsibility agreement under Section 31.0031.
Added by Acts 1995, 74th Leg., ch. 655, § 2.02(a), eff. Sept. 1,
1995. Amended by Acts 2003, 78th Leg., ch. 198, § 2.88(a), eff.
Sept. 1, 2003.
§ 31.0035. TRANSITIONAL CHILD-CARE SERVICES. (a) The
department shall provide necessary transitional child-care
services, in accordance with department rules and federal law, to a
person who was receiving financial assistance under this chapter
but is no longer eligible to receive the assistance because:
(1) the person's household income has increased; or
(2) the person has exhausted the person's benefits
under Section 31.0065.
(b) Except as provided by Section 31.012(c), the 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.
(c) The department by rule shall adopt a system of
co-payments in order to have a person who receives child-care
services under this section contribute an amount toward the cost of
the services according to the person's ability to pay.
(d) The department by rule shall provide for sanctions for a
person who is financially able to contribute the amount required by
Subsection (c) but fails to pay.
Added by Acts 1995, 74th Leg., ch. 655, § 3.02, eff. Sept. 1,
1995.
§ 31.0036. DEPENDENT CHILD'S INCOME. The department
may not consider any income earned by a dependent child who is
attending school and whose income is derived from the child's
part-time employment for purposes of determining:
(1) the amount of financial assistance granted to an
individual under this chapter for the support of dependent
children; or
(2) whether the family meets household income and
resource requirements for eligibility for financial assistance
under this chapter.
Added by Acts 1995, 74th Leg., ch. 655, § 1.02(a), eff. Sept. 1,
1995. Renumbered from V.T.C.A., Human Resources Code § 31.0031
by Acts 1997, 75th Leg., ch. 165, § 31.01(61), eff. Sept. 1,
1997.
§ 31.0037. EARNED INCOME FROM WORK PROGRAM. The
department may not consider any income earned by a recipient of
financial assistance under the Texans Work program established
under Chapter 308, Labor Code, for purposes of determining:
(1) the amount of financial assistance granted to an
individual under this chapter for the support of dependent
children; or
(2) whether the family meets household income and
resource requirements for financial assistance under this chapter.
Added by Acts 1997, 75th Leg., ch. 456, § 2, eff. Sept. 1, 1997.
§ 31.0038. TEMPORARY EXCLUSION OF NEW SPOUSE'S
INCOME. (a) Subject to the limitations prescribed by Subsection
(b), income earned by an individual who marries an individual
receiving financial assistance at the time of the marriage may not
be considered by the department during the six-month period
following the date of the marriage for purposes of determining:
(1) the amount of financial assistance granted to an
individual under this chapter for the support of dependent
children; or
(2) whether the family meets household income and
resource requirements for financial assistance under this chapter.
(b) To be eligible for the income disregard provided by
Subsection (a), the combined income of the individual receiving
financial assistance and the new spouse cannot exceed 200 percent
of the federal poverty level for their family size.
Added by Acts 2003, 78th Leg., ch. 198, § 2.89, eff. Sept. 1,
2003.
§ 31.004. FOSTER CARE. The Department of Protective and
Regulatory Services may accept and spend funds available from any
source to provide foster care in facilities approved by the
Department of Protective and Regulatory Services for dependent
children who meet the specifications set out in Section 31.002(b).
Acts 1979, 66th Leg., p. 2344, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1995, 74th Leg., ch. 76, § 8.015, eff.
Sept. 1, 1995.
§ 31.0041. SUPPLEMENTAL FINANCIAL ASSISTANCE FOR
CERTAIN PERSONS. (a) To the extent funds are appropriated for
this purpose, the department may provide supplemental financial
assistance in addition to the amount of financial assistance
granted for the support of a dependent child under Section 31.003 to
a person who:
(1) is 45 years of age or older;
(2) is the grandparent of the dependent child, as
defined by Section 31.002, who lives at the person's residence;
(3) is the primary caretaker of the dependent child;
(4) has a family income that is at or below 200 percent
of the federal poverty level; and
(5) does not have resources that exceed the amount
allowed for financial assistance under this chapter.
(b) Supplemental financial assistance provided to a person
under this section may include one or more cash payments, not to
exceed a total of $1,000, after determination of eligibility for
supplemental financial assistance under this section.
(c) The department shall inform an applicant for financial
assistance under this chapter who meets the eligibility
requirements under Subsection (a) of the availability of
supplemental financial assistance.
(d) The department shall maintain complete records and
compile statistics regarding the number of households that receive
supplemental financial assistance under this section.
(e) After a person receives supplemental financial
assistance under Subsection (b) on behalf of a dependent child, no
other person is eligible under Subsection (a) to receive
supplemental financial assistance on behalf of that child.
Added by Acts 1999, 76th Leg., ch. 471, § 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 346, § 1, eff. Sept. 1,
2001.
§ 31.005. DEPENDENT CHILD RESIDING WITH
RELATIVES. (a) If after an investigation the department
determines that a family with a dependent child is needy and that
the child resides with the family, the department shall provide
financial assistance and services for the support of the family.
(b) The department shall formulate policies for studying
and improving the child's home conditions and shall plan services
for the protection of the child and for the child's health and
educational needs.
(c) A dependent child who is between 18 and 21 years of age
and whose family is receiving financial assistance or services on
his or her behalf must enroll in school during the regular school
term unless the department finds that good cause exists for the
nonattendance of the child at school. Failure to comply with this
requirement constitutes good cause for the termination of the
financial assistance or services.
(d) The department shall develop a plan for the coordination
of the services provided for dependent children under this chapter
and other child welfare services for which the department is
responsible.
Acts 1979, 66th Leg., p. 2344, ch. 842, art. 1, § 1, eff. Sept. 1,
1979.
§ 31.0051. MINOR PARENT RESIDING WITH RELATIVES. If the
department determines based on documentation provided that a minor
caretaker who is receiving financial assistance and services under
this chapter on behalf of a dependent child benefits from residing
with an adult family member who is also receiving assistance under
this chapter, the department shall provide assistance and services
to both persons as if they were living separately.
Added by Acts 1993, 73rd Leg., ch. 841, § 3, eff. Sept. 1, 1993.
§ 31.006. WELFARE AND RELATED SERVICES. (a) The
department shall develop and implement a program of welfare and
related services for each dependent child which, in light of the
particular home conditions and other needs of the child, will best
promote the welfare of the child and his or her family and will help
to maintain and strengthen family life by assisting the child's
parents or relatives to attain and retain their capabilities for
maximum self-support and personal independence consistent with the
maintenance of continued parental care and protection.
(b) The department shall coordinate the services provided
under the program with other services provided by the department
and by other public and private welfare agencies for the care and
protection of children.
(c) The department may promulgate rules which will enable it
to fully participate in work and training programs authorized by
federal law, to provide for all services required or deemed
advisable under the provisions of the program, and to accept,
transfer, and expend funds made available from public or private
sources for the purpose of carrying out the provisions of this
section.
Acts 1979, 66th Leg., p. 2344, ch. 842, art. 1, § 1, eff. Sept. 1,
1979.
§ 31.0065. TIME-LIMITED BENEFITS. (a) 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 department shall limit financial assistance 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 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.
Added by Acts 1995, 74th Leg., ch. 655, § 3.01(a), eff. Sept. 1,
1995.
§ 31.0066. HARDSHIP EXEMPTIONS FROM FEDERAL TIME
LIMITS. (a) The department, the Texas Workforce Commission, and
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.
(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 federal law.
Added by Acts 2001, 77th Leg., ch. 1217, § 1, eff. Sept. 1, 2001.
§ 31.007. FINANCIAL ASSISTANCE TO INDIVIDUALS IN
INSTITUTIONS. A person who is in an institution is eligible to
receive financial assistance under this chapter if the person would
be eligible to receive the financial assistance if he were not in an
institution and if the payments are made in accordance with the
department's rules promulgated in conformity with federal law and
rules.
Acts 1979, 66th Leg., p. 2344, ch. 842, art. 1, § 1, eff. Sept. 1,
1979.
§ 31.008. COUNSELING AND GUIDANCE SERVICES. (a) If
the department believes that financial assistance to a family with
a dependent child is not being, or may not be, used in the best
interest of the child, the department may provide counseling and
guidance services to the relative receiving financial assistance
with respect to the use of the funds and the management of other
funds in the child's best interest.
(b) The department may advise the relative that continued
failure to use the funds in the child's best interest will result in
the funds being paid to a substitute payee. If the department
determines that protective payments are required to safeguard the
best interest of the child, the department may pay the funds to a
substitute payee on a temporary basis in accordance with the
department's rules.
(c) If the situation in the home which made the protective
payments necessary does not improve, and if the department
determines that the relative with whom the child is living is unable
or does not have the capacity to use the funds for the best interest
of the child, then the department may make arrangements with the
family for other plans for the care of the child. The other plans
may include:
(1) removing the child to the home of another
relative;
(2) appointment of a guardian or legal representative
for the relative with whom the child is living;
(3) imposition of criminal or civil penalties if a
court determines that the relative is not using, or has not used,
the payments for the benefit of the child; or
(4) referral of the case to a court for the removal of
the child and the placement of the child in a foster home.
(d) The department may make payments on behalf of a
dependent child residing in a foster family home or a child-care
institution in accordance with the provisions of this chapter and
the rules of the department.
Acts 1979, 66th Leg., p. 2345, ch. 842, art. 1, § 1, eff. Sept. 1,
1979.
§ 31.009. REQUIRED REGISTRATION WITH TEXAS EMPLOYMENT
COMMISSION. (a) A person who is required to register with the
Texas Employment Commission under the Employment Incentive Act is
not eligible to receive financial assistance under this chapter
until the person is registered.
(b) Before making a payment, the department shall determine
whether the person to whom the payment is to be made is required to
register with the Texas Employment Commission under the Employment
Incentive Act, and if the person is required to register, whether
the person is registered. If the department finds that a person who
is required to register is not registered, the department may not
make the payment.
(c) On receipt of notice from the Texas Employment
Commission that a person has failed to comply with the Employment
Incentive Act, the department shall immediately terminate the
person's financial assistance.
(d) The department shall maintain a current record of all
persons found to be ineligible to receive financial assistance for
failure to comply with the Employment Incentive Act. The
department shall distribute the record to each division within the
department in which the record is or may be relevant in determining
eligibility for any welfare benefits.
(e) The department shall arrange placement of the dependent
children of an ineligible person with another person or with an
institution if the department determines that alternative care is
in the best interest of the children.
Acts 1979, 66th Leg., p. 2345, ch. 842, art. 1, § 1, eff. Sept. 1,
1979.
§ 31.0095. NEEDS ASSESSMENT. The department shall
assist a recipient in assessing the particular needs of that
recipient and the recipient's family upon notification of entry
into the JOBS program. The department and the recipient shall
develop an employability plan to help the recipient achieve
independence from public assistance granted to the recipient and
the recipient's family.
Added by Acts 1995, 74th Leg., ch. 655, § 1.03, eff. Sept. 1,
1995.
§ 31.010. SUPPORT SERVICES. (a) Subject to the
availability of funds, the department shall provide a recipient
with support services designed to assist the recipient and the
recipient's family to attain and retain the capability of
independence and self-care.
(b) The department shall consider the needs assessment and
employability plan developed under Section 31.0095 in determining
the support services needed.
(c) Support services include:
(1) education, using public or private schools as
necessary;
(2) child care;
(3) transportation assistance;
(4) work skills and job readiness training;
(5) instruction in job search techniques;
(6) job placement; and
(7) job retention assistance.
(d) The department by rule shall provide for implementation
of the support services.
(e) The department may contract with other state agencies,
community colleges, technical schools, residence training
facilities, or public or private entities to provide support
services under this section.
(f) In providing work skills and job readiness training, the
department shall:
(1) emphasize training for sustainable wage jobs;
(2) promote understanding of nontraditional work
opportunities for recipients; and
(3) offer micro-enterprise development and
self-employment assistance in rural areas and other areas in which
jobs are scarce.
Acts 1979, 66th Leg., p. 2346, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1995, 74th Leg., ch. 655, § 1.04, eff.
Sept. 1, 1995; Acts 1997, 75th Leg., ch. 828, § 3, eff. Sept. 1,
1997.
§ 31.012. MANDATORY WORK OR PARTICIPATION IN EMPLOYMENT
ACTIVITIES THROUGH THE JOB OPPORTUNITIES AND BASIC SKILLS
PROGRAM. (a) The department shall require that, during any
one-month period in which an adult is receiving financial
assistance under this chapter, the adult 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 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 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 who is the caretaker of a physically or
mentally disabled child who requires the 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
Sections 31.0035(b) and 32.0255(b), the 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.
(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 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 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.
(f) In this section, "caretaker of a child" means the parent
or relative of a dependent child with whom the child primarily
resides, including a parent or relative who has been appointed
under a court order as sole managing conservator or joint managing
conservator of the child.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 15, § 5.23, eff.
Sept. 1, 1991. Amended by Acts 1995, 74th Leg., ch. 655, §
4.01(a), 11.63, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 602,
§ 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 681, § 1,
eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1224, § 1, eff.
Sept. 1, 1999; Acts 2003, 78th Leg., ch. 198, § 2.90, eff. Sept.
1, 2003.
§ 31.0121. SKILLS ASSESSMENT AND DEVELOPMENT FOR CERTAIN
RECIPIENTS. (a) The Texas Workforce Commission shall ensure that
each local workforce development board assesses the skills
development needs of recipients referred to the CHOICES program
administered by the board.
(b) If, after assessing a recipient's skills development
needs, a local workforce development board determines that the
recipient requires job-specific training for placement in a job
paying wages that equal or exceed the self-sufficiency wage
developed for the board under the Workforce Investment Act of 1998
(29 U.S.C. Section 2801 et seq.), as amended, the board shall:
(1) to the extent allowed by federal law, place the
recipient in training activities designed to improve employment and
wage outcomes and job retention rates; and
(2) ensure that the training activities under
Subdivision (1) target occupations that are in demand by local
employers.
(c) A local workforce development board may use a single
list of targeted occupations that is developed for other training
programs for purposes of meeting the requirements of Subsection
(b)(2).
(d) A recipient participating in the CHOICES program who is
placed in training activities under Subsection (b) may concurrently
engage in those training activities and in work activities.
(e) To meet the requirements of this section, the Texas
Workforce Commission shall use CHOICES program funds and, to the
extent possible, existing funds from other training programs for
which a recipient participating in the CHOICES program may qualify,
including funds from:
(1) other training programs provided under the
Workforce Investment Act of 1998 (29 U.S.C. Section 2801 et seq.),
as amended, or their successor programs;
(2) the skills development fund created under Chapter
303, Labor Code; or
(3) the self-sufficiency fund created under Section
309.002, Labor Code.
Acts 2003, 78th Leg., ch. 817, § 4.04, eff. Sept. 1, 2003.
§ 31.0124. REFERRAL TO EDUCATIONAL PROGRAMS. The
department shall determine whether a person who registers to
participate in the job opportunities and basic skills training
program needs and is eligible for adult education services provided
under Section 11.2093, Education Code. If the person is eligible
for the adult education services, the department shall determine
the person's needs and goals and refer the person to the appropriate
adult education service provided under Section 11.2093, Education
Code.
Added by Acts 1995, 74th Leg., ch. 655, § 7.02, eff. Sept. 1,
1995.
§ 31.0125. VOLUNTEER WORK EXPERIENCE
PROGRAM. (a) Subject to the availability of appropriations for
client support services, the department by rule shall develop and
implement a volunteer work experience program in accordance with
federal law as a part of the job opportunities and basic skills
(JOBS) training program under Part F, Subchapter IV, Social
Security Act (42 U.S.C. Section 682).
(b) In adopting rules under this section, the department
shall:
(1) establish the criteria for determining which
recipients of financial assistance under this chapter who are
eligible to participate in the JOBS training program will be
required to participate in the volunteer work experience program;
(2) ensure that participation in the volunteer work
experience program will not result in the displacement of an
employee from an existing position or the elimination of a vacant
position;
(3) ensure that the volunteer work experience program
will not impair an existing service contract or collective
bargaining agreement;
(4) ensure that an entity or agency that enters into an
agreement with the department under this section provides to a
participant, without paying the participant a salary, job training
and work experience in certain areas within the entity or agency;
(5) require that each entity or agency that enters
into a cooperative agreement with the department under this section
identify positions within the entity or agency that will enable a
participant to gain the skills and experience necessary to be able
to compete in the labor market for comparable positions; and
(6) amend the service delivery system of the JOBS
training program to require a participant in the JOBS training
program who is unemployed after completing the JOBS readiness
activities outlined in the participant's employability plan,
including job search, to participate in the volunteer work
experience program.
(c) To implement the volunteer work experience program, the
department shall enter into written nonfinancial cooperative
agreements with entities that receive funds under a federal Head
Start program, state agencies, including institutions of higher
education, other entities of state or local government, or private
sector or nonprofit organizations or foundations.
(d) The department and an entity or agency that enters into
an agreement under this section must establish participation
requirements for the entity or agency under the volunteer work
experience program. The requirements must be contained in the
agreement.
Added by Acts 1993, 73rd Leg., ch. 841, § 1, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 655, § 4.02(a), eff. Sept.
1, 1995.
§ 31.0126. EMPLOYMENT PROGRAMS. (a) In cooperation
with the state agency charged with primary responsibility for job
training, employment, and workforce development in this state, the
department by rule shall develop the following programs to assist
recipients of financial assistance and services under this chapter
in finding and retaining employment:
(1) a work first program that provides a participant
job readiness training and employment information and services that
will motivate the participant to find and apply for a job through
job clubs, job readiness activities, and job search activities;
(2) a business internship program that provides a
participant the opportunity to obtain marketable job skills through
an internship in a participating business;
(3) a Texas works program that:
(A) is operated by a nonprofit group or local
governmental entity;
(B) provides to a participant motivational and
job readiness training by placing the participant in a job for a
period of several months;
(C) ensures that the participant is visited at
work and receives counseling and help in resolving any work-related
or personal problems; and
(D) receives funding on the basis of participants
who are successfully hired for employment;
(4) a community work experience program that provides
a participant job training and work experience through a temporary
job in the public sector;
(5) a subsidized employment program that provides to a
participant job training and work experience through a job in the
private sector that pays the participant a subsidized salary; and
(6) a self-employment assistance program that
provides to a participant entrepreneurial training, business
counseling, and technical and financial assistance so that the
participant can establish a business and become self-employed.
(b) The department shall develop the programs prescribed by
this section in accordance with federal law as a part of the job
opportunities and basic skills (JOBS) training program under Part
F, Subchapter IV, Social Security Act (42 U.S.C. Section 682).
(c) In adopting rules governing a program prescribed by this
section, the department shall:
(1) establish the criteria for determining which
recipients who are eligible to participate in the JOBS training
program may be required to participate in a particular program;
(2) ensure that a recipient who is incapable of
participating in a particular program is not required to
participate in that program; and
(3) provide technical assistance to local workforce
development boards.
(d) A local workforce development board may implement in a
workforce development area one or more programs prescribed by this
section.
(e) The department shall submit a waiver application or a
renewal waiver application that a federal agency may require before
a local workforce development board can implement one or more of the
programs prescribed by this section in a workforce development
area.
(f) In this section, a "local workforce development board"
means a local workforce development board created under Chapter
2308, Government Code.
Added by Acts 1995, 74th Leg., ch. 655, § 4.03, eff. Sept. 1,
1995. Amended by Acts 2003, 78th Leg., ch. 818, § 6.08, eff.
Sept. 1, 2003.
§ 31.0127. COORDINATION OF SERVICES TO CERTAIN
CLIENTS. (a) The Health and Human Services Commission is the
state agency designated to coordinate between the department and
another state agency providing child care services, Temporary
Assistance for Needy Families work programs, and Food Stamp
Employment and Training services to an individual or family who has
been referred for programs and services by the department. The
purpose of this section is to accomplish the following:
(1) increase the self-sufficiency of recipients of
Temporary Assistance for Needy Families and improve the delivery of
services to those recipients; and
(2) improve the effectiveness of job-training
programs funded under the Job Training Partnership Act (29 U.S.C.
Section 1501 et seq.) or a successor program in obtaining
employment for individuals receiving Temporary Assistance for
Needy Families cash assistance.
(b) The Health and Human Services Commission shall require a
state agency providing program services described by Subsection (a)
to comply with Chapter 531, Government Code, solely for:
(1) the promulgation of rules relating to the programs
described by Subsection (a);
(2) the expenditure of funds relating to the programs
described by Subsection (a), within the limitations established by
and subject to the General Appropriations Act and federal and other
law applicable to the use of the funds;
(3) data collection and reporting relating to the
programs described by Subsection (a); and
(4) evaluation of services relating to the programs
described by Subsection (a).
(c) The department and a state agency providing program
services described by Subsection (a) shall jointly develop and
adopt a memorandum of understanding, subject to the approval of the
Health and Human Services Commission. The memorandum of
understanding must:
(1) outline measures to be taken to increase the
number of individuals receiving Temporary Assistance for Needy
Families cash assistance who are using job-training programs funded
under the Job Training Partnership Act (29 U.S.C. Section 1501 et
seq.), or a successor program; and
(2) identify specific measures to improve the delivery
of services to clients served by programs described by Subsection
(a).
(d) Not later than January 15 of each odd-numbered year, the
Health and Human Services Commission shall provide a report to the
governor, the lieutenant governor, and the speaker of the house of
representatives that:
(1) evaluates the efficiency and effectiveness of
client services in the Temporary Assistance for Needy Families
program;
(2) evaluates the status of the coordination among
agencies and compliance with this section;
(3) recommends measures to increase self-sufficiency
of recipients of Temporary Assistance for Needy Families cash
assistance and to improve the delivery of services to these
recipients; and
(4) evaluates the effectiveness of job-training
programs funded under the Job Training Partnership Act (29 U.S.C.
Section 1501 et seq.) or a successor program in obtaining
employment outcomes for recipients of Temporary Assistance for
Needy Families cash assistance.
(e) Subsection (b) does not authorize the Health and Human
Services Commission to require a state agency, other than a health
and human services agency, to comply with Chapter 531, Government
Code, except as specifically provided by Subsection (b). The
authority granted under Subsection (b) does not affect Section
301.041, Labor Code.
(f) If the change in law made by this section with regard to
any program or service conflicts with federal law or would have the
effect of invalidating a waiver granted under federal law, the
state agency is not required to comply with this section with regard
to that program or service.
(g) This section does not authorize the Health and Human
Services Commission to change the allocation or disbursement of
funds allocated to the state under the Workforce Investment Act of
1998 (29 U.S.C. Section 2801 et seq.) in a manner that would result
in the loss of exemption status.
(h) This section does not authorize the Health and Human
Services Commission to transfer programs to or from the department
and another agency serving clients of the Temporary Assistance for
Needy Families program or the federal food stamp program
administered under Chapter 33 without explicit legislative
authorization.
(i) The Health and Human Services Commission and any state
agency providing program services described by Subsection (a) may
not promulgate rules in accordance with Subsection (b)(1) without
holding a public hearing.
Added by Acts 1999, 76th Leg., ch. 1460, § 10.01, eff. Sept. 1,
1999.
§ 31.0128. COORDINATED INTERAGENCY PLAN. (a) The
department and the Texas Workforce Commission shall jointly develop
and adopt a memorandum of understanding, subject to the approval of
the Health and Human Services Commission. The memorandum of
understanding must establish guidelines for a coordinated
interagency case management plan to:
(1) identify each recipient of financial assistance
who has, in comparison to other recipients, higher levels of
barriers to employment; and
(2) provide coordinated services that address those
barriers to assist the recipient in finding and retaining
employment.
(b) The department and the Texas Workforce Commission
shall:
(1) jointly develop and adopt a memorandum of
understanding, subject to the approval of the Health and Human
Services Commission, that establishes a coordinated interagency
case management plan consistent with the guidelines established
under Subsection (a); and
(2) using existing resources, by rule implement the
plan to the maximum extent possible through local department and
commission offices in local workforce development areas in which a
local workforce development board is not established.
(c) Each agency by rule shall adopt the memoranda of
understanding required by this section and all revisions to the
memoranda.
(d) In a local workforce development area in which a local
workforce development board is established, the Texas Workforce
Commission shall require in the commission's contract with the
board that the board, in cooperation with local department offices,
develop and implement a coordinated interagency case management
plan consistent with the guidelines established under Subsection
(a).
(e) On the department's formulation of recommendations and
strategies under Section 31.0129(b), the department and the Texas
Workforce Commission shall, as necessary, revise and update a
memorandum of understanding and coordinated interagency case
management plan under this section to include the recommendations
and strategies.
Added by Acts 2001, 77th Leg., ch. 84, § 1, eff. Sept. 1, 2001.
Amended by Acts 2003, 78th Leg., ch. 1169, § 12, eff. Sept. 1,
2003.
§ 31.0129. COORDINATED PLAN TO IMPROVE INTERAGENCY
TRANSITIONS. (a) The department, the Texas Workforce
Commission, and representatives of local workforce development
boards shall conduct a survey of best practices used to transition
clients between local department offices and workforce centers.
(b) The department shall:
(1) analyze information collected by a survey under
Subsection (a); and
(2) formulate recommendations and strategies to
improve practices used to transition clients between local
department offices and workforce centers.
(c) Using existing resources, the department and local
workforce development boards shall adopt policies to implement the
recommendations and strategies contained in the revised and updated
memorandum of understanding under Section 31.0128.
Added by Acts 2003, 78th Leg., ch. 1169, § 13, eff. Sept. 1,
2003.
§ 31.0135. PARENTING SKILLS TRAINING. (a) The
department, in cooperation with the Texas Education Agency, the
Department of Protective and Regulatory Services, the Texas
Agricultural Extension Service, or any other public or private
entity, shall develop a parenting skills training program to assist
a recipient of assistance under this chapter, including a child who
receives assistance on behalf of a dependent child. The program
shall include nutrition education, budgeting and survival skills,
and instruction on the necessity of physical and emotional safety
for children.
(b) The department shall require that a caretaker relative
or parent who is receiving assistance under this chapter on behalf
of a dependent child receive appropriate parenting skills training
as needed. The training must include one or more components of the
parenting skills training program that the department determines
will be useful to the caretaker relative or parent.
(c) In this section, "caretaker relative" means a person who
is listed as a relative eligible to receive assistance under 42
U.S.C. Section 602(a).
Added by Acts 1993, 73rd Leg., ch. 841, § 2, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 655, § 1.05, eff. Sept. 1,
1995; Acts 1997, 75th Leg., ch. 165, § 6.54, eff. Sept. 1, 1997;
Acts 1997, 75th Leg., ch. 682, § 2, eff. Sept. 1, 1997.
§ 31.014. TWO-PARENT FAMILIES. (a) The department
shall provide financial assistance, in accordance with department
rules, to a two-parent family if the primary wage earner parent is
registered 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 Employment
Commission.
(b) A family is eligible for assistance under this section
without regard to:
(1) the number of hours worked per month by the primary
wage earner parent; or
(2) the work history of the primary wage earner
parent.
(c) An adult caretaker of a child younger than three years
of age is exempt from the requirement of Subsection (a).
Added by Acts 1993, 73rd Leg., ch. 841, § 1, eff. Sept. 1, 1993.
§ 31.015. HEALTHY MARRIAGE DEVELOPMENT PROGRAM.
Text of section as added by Acts 2003, 78th Leg., ch. 198, § 2.91
(a) Subject to available federal funding, the department
shall develop and implement a healthy marriage development program
for recipients of financial assistance under this chapter.
(b) The healthy marriage development program shall promote
and provide three instructional courses on the following topics:
(1) premarital counseling for engaged couples and
marriage counseling for married couples that includes skill
development for:
(A) anger resolution;
(B) family violence prevention;
(C) communication;
(D) honoring your spouse; and
(E) managing a budget;
(2) physical fitness and active lifestyles and
nutrition and cooking, including:
(A) abstinence for all unmarried persons,
including abstinence for persons who have previously been married;
and
(B) nutrition on a budget; and
(3) parenting skills, including parenting skills for
character development, academic success, and stepchildren.
(c) The department shall provide to a recipient of financial
assistance under this chapter additional financial assistance of
not more than $20 for the recipient's participation in a course
offered through the healthy marriage development program up to a
maximum payment of $60 a month.
(d) The department may provide the courses or may contract
with any person, including a community or faith-based organization,
for the provision of the courses. The department must provide all
participants with an option of attending courses in a
non-faith-based organization.
(e) The department shall develop rules as necessary for the
administration of the healthy marriage development program.
(f) The department must ensure that the courses provided by
the department and courses provided through contracts with other
organizations will be sensitive to the needs of individuals from
different religions, races, and genders.
Added by Acts 2003, 78th Leg., ch. 198, § 2.91, eff. Sept. 1,
2003.
For text of section as added by Acts 2003, 78th Leg., ch. 1169, §
14, see § 31.015, post.
§ 31.015. SERVICE REFERRALS FOR CERTAIN RECIPIENTS.
Text of section as added by Acts 2003, 78th Leg., ch. 1169, § 14
To the extent practicable using existing revenue, the
department, by rule, shall develop and implement a plan to:
(1) identify recipients of financial assistance that
are at risk of exhausting their benefits under Section 31.0065; and
(2) provide referrals for the recipient and the
recipient's family to appropriate preventive and support services,
including faith-based services.
Acts 2003, 78th Leg., ch. 1169, § 14, eff. Sept. 1, 2003.
For text of section as added by Acts 2003, 78th Leg., ch. 198, §
2.91, see § 31.015, ante.
SUBCHAPTER B. ADMINISTRATION OF FINANCIAL ASSISTANCE AND SERVICES
§ 31.031. APPLICATION FOR ASSISTANCE. (a) The
department by rule shall prescribe the form for applications for
assistance authorized by this chapter and the manner of their
submission.
(b) The department may require the applicant to state the
amount of property in which he or she has an interest, the amount of
income which he or she has at the time the application is filed, and
other information.
(c) The department shall require the applicant to provide
proof to the department that each person who will receive
assistance under this chapter is:
(1) a United States citizen or has a satisfactory
immigration status as defined in Title IV, Social Security Act (42
U.S.C. Section 602(a)(33)), in effect as of the effective date of
this Act; and
(2) a resident of this state.
(d) The department shall require the applicant to provide
proof to the department that each child five years of age or
younger, or a child who is not enrolled in public school, for whom
the applicant will receive assistance:
(1) has been immunized in accordance with Section
161.004, Health and Safety Code;
(2) is currently receiving an immunization series in
accordance with Section 161.004, Health and Safety Code, if the
child is of sufficient age; or
(3) is exempted under Section 161.004(d), Health and
Safety Code.
(e) An applicant who cannot provide the proof required by
Subsection (d) at the time of application shall provide the proof
not later than the 180th day after the date the department
determines the applicant is eligible for financial assistance.
(f) The department shall provide the applicant with
information regarding immunization services available in the
applicant's residential area. If the applicant does not read or
comprehend English, the department shall provide the information in
a language that the applicant reads or comprehends.
(g) The department by rule shall provide sanctions for a
financial assistance recipient's failure to comply with Subsection
(d) or (e).
Acts 1979, 66th Leg., p. 2346, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1995, 74th Leg., ch. 655, § 2.01(a), 2.04,
eff. Sept. 1, 1995.
§ 31.0315. DETERMINATION OF PARENTAGE. (a) A parent
applying for assistance on behalf of a child shall identify the
parent's spouse or, if unmarried, shall provide the name and last
known address of the mother or alleged father of the child, as
applicable.
(b) If the applying parent is under 18 years of age and
resides with relatives, the applicant's relatives shall cooperate
in identifying the other parent.
(c) A person who is not a parent and who is applying for
assistance on behalf of a child shall provide the name and last
known address of the mother and alleged father of the child.
(d) The department may waive the requirements of this
section if it determines that there exists a reasonable explanation
why it is impossible to provide the information required under
Subsection (a), (b), or (c) or if it would not be in the best
interests of the child to provide the information. In determining
whether the best interests of the child warrant waiving the
information requirements of this section, the department shall
consider all relevant provisions of federal law and regulations.
(e) The department shall forward to the attorney general's
office information received under this section.
(f) If the parent of a dependent child is under 17 years of
age and the Title IV-D agency determines that the child's birth may
be the result of sexual conduct that constitutes a criminal offense
under the Penal Code, that agency shall refer the case to the
appropriate law enforcement agency for further investigation.
Added by Acts 1993, 73rd Leg., ch. 721, § 1, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 655, § 1.06, eff. Sept. 1,
1995.
§ 31.032. INVESTIGATION AND DETERMINATION OF
ELIGIBILITY. (a) On receipt of an application for assistance
authorized by this chapter, the department shall investigate and
record the applicant's circumstances in order to ascertain the
facts supporting the application and to obtain other information it
may require.
(b) After completing its investigation, the department
shall determine whether the applicant is eligible for the
assistance, the type and amount of assistance, the date on which the
assistance shall begin, and the manner in which payments shall be
made.
(c) The department shall promptly notify the applicant of
its final action.
(d) In determining whether an applicant is eligible for
assistance, the department shall exclude from the applicant's
available resources:
(1) $1,000 for the applicant's household, including a
household in which there is a person with a disability or a person
who is at least 60 years of age; and
(2) the fair market value of the applicant's ownership
interest in a motor vehicle, but not more than the amount determined
according to the following schedule:
(A) $4,550 on or after September 1, 1995, but
before October 1, 1995;
(B) $4,600 on or after October 1, 1995, but
before October 1, 1996;
(C) $5,000 on or after October 1, 1996, but
before October 1, 1997; and
(D) $5,000 plus or minus an amount to be
determined annually beginning on October 1, 1997, to reflect
changes in the new car component of the Consumer Price Index for All
Urban Consumers published by the Bureau of Labor Statistics.
(e) If federal regulations governing the maximum allowable
resources under the food stamp program, 7 CFR Part 273, are revised,
the department shall adjust the standards that determine available
resources under Subsection (d) to reflect those revisions.
Acts 1979, 66th Leg., p. 2346, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1995, 74th Leg., ch. 655, § 1.07, eff.
Sept. 1, 1995; Acts 2003, 78th Leg., ch. 198, § 2.201(a), eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1251, § 5(a), eff. June
20, 2003.
§ 31.0322. VICTIMS OF FAMILY VIOLENCE. (a) The
department, the Texas Workforce Commission, and the Title IV-D
agency by rule shall adopt procedures under which requirements
relating to financial assistance and related services, including
time limits, child support enforcement, paternity establishment,
work activity, and residency, may be waived or modified for an
individual who is a victim of family violence if application of the
requirements would:
(1) adversely affect the individual's ability to
attain financial independence;
(2) make it more difficult for the individual to
escape family violence; or
(3) place the individual at greater risk for
additional family violence.
(b) The procedures must provide that:
(1) a requirement may be waived or modified only after
a case-by-case determination and documentation of good cause and
only to the extent necessary considering an individual's
circumstances;
(2) a requirement may not be waived or modified for an
individual for a period longer than one year;
(3) the appropriate agency shall refer an individual
to a family violence program if necessary for assistance in
developing a safety plan to protect the individual from further
family violence; and
(4) confidentiality of information about the
identification and location of victims of family violence and their
children is maintained when necessary to prevent additional family
violence.
(c) The department, the Texas Workforce Commission, and the
Title IV-D agency may not deny an individual access to education,
training, employment, or other services because the individual is a
victim of family violence.
(d) The department shall coordinate the development and
implementation of procedures under this section in collaboration
with the Texas Workforce Commission, the Title IV-D agency, and at
least one statewide advocacy group for victims of family violence.
(e) The department, the Texas Workforce Commission, the
Title IV-D agency, and each local workforce development board,
using existing resources, shall provide not less than four hours of
training regarding family violence to each employee or other person
who on behalf of the department, commission, agency, or board:
(1) provides information relating to requirements
described by Subsection (a) and the availability of waivers or
modifications of those requirements to an individual seeking or
receiving financial assistance;
(2) recommends or grants waivers or modifications
authorized by this section of requirements described by Subsection
(a);
(3) recommends or imposes sanctions for
noncooperation or noncompliance with requirements described by
Subsection (a); or
(4) assesses employment readiness or provides
employment planning or employment retention services to an
individual receiving financial assistance.
(f) The training required by Subsection (e) must:
(1) be developed in collaboration with at least one
organization with expertise in family violence issues; and
(2) include information relating to:
(A) the potential impact of family violence on:
(i) the safety of an individual seeking or
receiving financial assistance; and
(ii) the ability of that individual to make
a successful transition into the workforce;
(B) state laws and agency rules regarding options
available to an individual receiving financial assistance for whom
family violence poses a danger or impediment to attaining financial
independence; and
(C) statewide and local resources available from
state and local governmental agencies and other entities that could
assist a victim of family violence in safely and successfully
entering the workforce.
(g) Before the application of a sanction or penalty based on
an individual's failure to cooperate with the department or Title
IV-D agency, as required by Section 31.0031(d)(1), or failure to
comply with the work or participation requirements imposed by
Section 31.012, the agency recommending or applying the sanction or
penalty must make reasonable attempts to contact the individual to
determine the cause of the failure to cooperate or comply. If the
agency determines that family violence contributed to the failure,
the agency shall ensure that a person trained in family violence
issues in accordance with Subsection (e) interviews the individual
to identify the types of services necessary to assist the
individual in safely and successfully entering the workforce.
(h) In this section:
(1) "Family violence" has the meaning assigned by
Section 71.004, Family Code.
(2) "Title IV-D agency" has the meaning assigned by
Section 101.033, Family Code.
Added by Acts 1997, 75th Leg., ch. 1442, § 1, eff. Sept. 1, 1997.
Renumbered from § 31.0321 by Acts 1999, 76th Leg., ch. 62, §
19.01(71), eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch.
197, § 1, eff. Sept. 1, 2001.
§ 31.0324. ASSIGNMENT OF PROTECTIVE PAYEE. (a) In
this section, "protective payee" means a person who:
(1) is interested in or concerned with the welfare of a
child or relative of a child receiving financial assistance; and
(2) acts for the recipient of financial assistance in
receiving or managing the financial assistance payment.
(b) The department by rule shall develop and implement a
process that provides for the grandparent of a child receiving
financial assistance under this chapter to serve as a protective
payee to:
(1) receive and use the assistance on behalf of the
child; and
(2) apply for financial assistance and be interviewed
instead of the child's parent at any subsequent review of
eligibility required by the department.
(c) The department shall:
(1) limit the use of the process established by
Subsection (b) to situations in which the department determines the
parent is not using the assistance for the child's needs as required
by Section 31.0355(a); and
(2) establish by rule the circumstances under which
the grandparent may be removed as a protective payee.
Added by Acts 2001, 77th Leg., ch. 1316, § 1, eff. Sept. 1, 2001.
§ 31.0325. ELECTRONIC IMAGING PROGRAM. (a) In
conjunction with other appropriate agencies, the department by rule
shall develop a program to prevent welfare fraud by using a type of
electronic fingerprint-imaging or photo-imaging of adult and teen
parent applicants for and adult and teen parent recipients of
financial assistance under this chapter or food stamp benefits
under Chapter 33.
(b) In adopting rules under this section, the department
shall:
(1) provide for an exemption from the electronic
imaging requirements of Subsection (a) for a person who is elderly
or disabled if the department determines that compliance with those
requirements would cause an undue burden to the person;
(2) establish criteria for an exemption under
Subdivision (1); and
(3) ensure that any electronic imaging performed by
the department is strictly confidential and is used only to prevent
fraud by adult and teen parent recipients of financial assistance
or food stamp benefits.
(c) The department shall:
(1) establish the program in conjunction with an
electronic benefits transfer program;
(2) use an imaging system; and
(3) provide for gradual implementation of this section
by selecting specific counties or areas of the state as test sites.
(d) Each fiscal quarter, the department shall submit to the
governor and the legislature a report on the status and progress of
the programs in the test sites selected under Subsection (c)(3).
Added by Acts 1995, 74th Leg., ch. 655, § 8.07(a), eff. Sept. 1,
1995. Amended by Acts 2001, 77th Leg., ch. 782, § 1, eff. June
14, 2001.
§ 31.033. REINVESTIGATION AND REDETERMINATION OF
ELIGIBILITY. (a) The department may require periodic
reconsideration of continued eligibility for assistance.
(b) After reconsideration of continuing eligibility, the
department may change the amount of assistance or withdraw it if the
department finds that the recipient's circumstances have altered
sufficiently to warrant that action.
(c) The department may cancel or suspend assistance for a
period of time if the department finds that the recipient is
currently ineligible to receive it.
(d) The department shall notify the recipient immediately
of its decision to change or withdraw assistance.
(e) A recipient of assistance must notify the department
immediately if he or she comes into possession of income or
resources in excess of the amount previously reported.
Acts 1979, 66th Leg., p. 2346, ch. 842, art. 1, § 1, eff. Sept. 1,
1979.
§ 31.034. APPEAL FROM LOCAL ADMINISTRATIVE
UNITS. (a) An applicant for or recipient of financial assistance
authorized by this chapter may appeal to the department an action or
failure to act by a local administrative unit relating to the
financial assistance. The department shall grant the applicant or
recipient an opportunity for a hearing after reasonable notice.
(b) An applicant or recipient, or his or her authorized
agent, may submit a written request for the information contained
in the unit's records on which the action being appealed is based,
and the unit shall advise the person making the request of the
information within a reasonable time prior to the hearing.
Information not provided to the requesting party may not be
considered by the department at the hearing as a basis for decision.
Acts 1979, 66th Leg., p. 2346, ch. 842, art. 1, § 1, eff. Sept. 1,
1979.
§ 31.035. METHOD OF PAYMENT. (a) The department shall
periodically furnish the comptroller with a list of persons
eligible for financial assistance under this chapter and the amount
to which each person is entitled.
(b) The comptroller shall draw warrants for the specified
amounts on the proper accounts of the Texas Department of Human
Services fund and shall transmit the warrants to the commissioner.
The commissioner shall supervise the delivery of the warrants to
the persons entitled to them.
Acts 1979, 66th Leg., p. 2346, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1985, 69th Leg., ch. 264, § 11, eff. Aug.
26, 1985.
§ 31.0355. USE OF FINANCIAL ASSISTANCE. (a) Financial
assistance granted to a person under this chapter may be used only
to purchase goods and services that are considered essential and
necessary for the welfare of the family, including food, clothing,
housing, utilities, child care, and incidentals such as
transportation and medicine or medical supplies or equipment not
covered by Medicaid. The department by rule shall define what
constitutes essential and necessary goods and services for purposes
of this subsection.
(b) If a recipient of financial assistance who receives the
assistance by electronic benefits transfer to an account is
authorized to make a cash withdrawal from the account through a
provider of the goods or services described by Subsection (a), the
recipient may make the cash withdrawal only at the customer service
department of the provider and not at the provider's point-of-sale
terminal.
(c) The department shall encourage housing authorities,
utility companies, public transportation companies, and other
nonfood retailers to accept payment for goods and services
described by Subsection (a) through the state's electronic benefits
transfer (EBT) system.
(d) To determine the feasibility of using the EBT system to
accept payment for goods and services described by Subsection (a),
the department shall conduct a pilot project in which utility
companies, housing agencies, and other retailers use the EBT system
to accept payment for medicine, medical supplies, and medical
equipment not covered by Medicaid and other goods and services
described by Subsection (a). The cost of the point-of-sale (POS)
devices in the pilot project shall not be a state expense, except
for POS devices located in retail businesses that sell medicine or
medical supplies or medical equipment. The department shall work
in conjunction with the office of client transportation services of
the Health and Human Services Commission to determine if EBT
transportation applications are feasible.
(e) If the department determines that the pilot projects
show that use of the EBT system is feasible and useful for the
businesses and clients participating in the pilot project, the
department shall promote the use of the EBT system to appropriate
businesses statewide with the goal of securing the participation of
all those businesses in using the EBT system to accept payment for
goods and services described by Subsection (a).
(f) The department shall evaluate the pilot project and
report to the 76th Legislature on the effectiveness of the pilot
project not later than January 15, 1999.
Added by Acts 1997, 75th Leg., ch. 637, § 1, eff. Sept. 1, 1997.
§ 31.036. ELIGIBILITY OF PERSON LEAVING THE STATE. A
recipient of assistance who moves out of the state is no longer
eligible for the assistance. However, a recipient's temporary
absence from the state for reasons and for periods of time approved
by the department does not terminate the recipient's eligibility
for assistance.
Acts 1979, 66th Leg., p. 2346, ch. 842, art. 1, § 1, eff. Sept. 1,
1979.
§ 31.037. PAYMENT OF FINANCIAL ASSISTANCE FUNDS ON DEATH
OF RECIPIENT. (a) If a person dies during a month for which the
person is eligible for financial assistance and has not endorsed or
cashed the warrant issued for financial assistance during that
month, the department may pay financial assistance to the person
who was responsible for caring for the recipient at the time of his
or her death and who is responsible for paying the obligations
incurred by the recipient.
(b) The department shall adopt rules prescribing the method
of determining the person entitled to receive the deceased
recipient's financial assistance, the manner of payment of the
funds, and limitations on the payments.
(c) Payments to persons responsible for deceased recipients
under this section may be made only in the manner and to the extent
permissible under the laws and regulations governing the
disbursement of funds received through the Department of Health,
Education, and Welfare .
Acts 1979, 66th Leg., p. 2347, ch. 842, art. 1, § 1, eff. Sept. 1,
1979.
§ 31.038. CANCELLATION OF UNCASHED WARRANTS. The
department may cancel a financial assistance warrant that has not
been cashed within a reasonable period of time after issuance. The
cancellation must be performed in the manner required by rules of
the comptroller.
Acts 1979, 66th Leg., p. 2347, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1999, 76th Leg., ch. 1467, § 1.33, eff.
June 19, 1999.
§ 31.039. ISSUANCE OF REPLACEMENT ASSISTANCE
WARRANTS. The comptroller may issue a replacement financial
assistance warrant to a recipient who has failed to receive or has
lost the original warrant in accordance with Section 403.054,
Government Code.
Acts 1979, 66th Leg., p. 2347, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1985, 69th Leg., ch. 794, § 12, eff. Aug.
26, 1985; Acts 1993, 73rd Leg., ch. 449, § 35, eff. Sept. 1,
1993.
§ 31.040. NONTRANSFERABILITY OF ASSISTANCE FUNDS. The
right to financial assistance granted to recipients under this
chapter may not be transferred or assigned at law or in equity, and
the funds are not subject to execution, levy, attachment,
garnishment, or other legal process or to the operation of an
insolvency law.
Acts 1979, 66th Leg., p. 2347, ch. 842, art. 1, § 1, eff. Sept. 1,
1979.
§ 31.041. RIGHT TO ASSISTANCE NOT VESTED. (a) The
provisions of this chapter providing assistance shall not be
construed as vesting a right in the recipient to the assistance.
(b) Assistance granted under this chapter is subject to
modification or repeal by the legislature, and a recipient has no
claim for compensation or otherwise because the law authorizing the
assistance is amended or repealed.
Acts 1979, 66th Leg., p. 2347, ch. 842, art. 1, § 1, eff. Sept. 1,
1979.
§ 31.042. PRORATION OF FINANCIAL ASSISTANCE. If at any
time state funds are not available to pay in full all financial
assistance authorized in this chapter, the department may direct
the proration of the financial assistance.
Acts 1979, 66th Leg., p. 2348, ch. 842, art. 1, § 1, eff. Sept. 1,
1979.
§ 31.043. FILL-THE-GAP BUDGETING. (a) To extend the
period of supported employment for families who receive financial
assistance under this chapter, the department may use a form of
fill-the-gap budgeting or another method under which the department
disregards earnings of family members who obtain employment while
receiving the assistance.
(b) The department may limit the percentage of earnings
disregarded, impose a time limit on how long the earnings are
disregarded, or gradually reduce the percentage of earnings
disregarded in order to remain within available funding.
(c) Funding for earnings disregards may also come from
savings associated with sanctions related to noncompliance with the
personal responsibility agreement and work requirements in this
chapter, from savings resulting from caseload declines below
projections specified in the appropriations bill, and from
Temporary Assistance for Needy Families (TANF) block grant funds.
(d) In this section, "fill-the-gap budgeting" means a
system of budgeting in which benefits are gradually lowered using a
percentage of the difference between the standard of need and the
countable income to calculate the grant benefit.
Added by Acts 1997, 75th Leg., ch. 878, § 1, eff. Sept. 1, 1997.
§ 31.044. INACTIVE ELECTRONIC BENEFITS TRANSFER
ACCOUNT. (a) This section applies only to an account to which
financial assistance provided under this chapter has been
transferred under the electronic benefits transfer system for
access and use by a recipient of that assistance.
(b) The department shall close an account that has not been
used by the account holder during the preceding 12 months.
(c) The comptroller shall withdraw any unused benefits
remaining in the account and disburse the benefits as authorized by
federal and state law.
Added by Acts 1997, 75th Leg., ch. 322, § 4, eff. May 26, 1997;
Acts 1997, 75th Leg., ch. 458, § 1, eff. Sept. 1, 1997.
Renumbered from § 31.043 by Acts 1999, 76th Leg., ch. 62, §
19.01(72), eff. Sept. 1, 1999.
SUBCHAPTER C. LIMITATION ON AMOUNT OF FINANCIAL ASSISTANCE
§ 31.051. DEFINITION. In this subchapter, "state
budget" shall equal the amount appropriated by the legislature for
the biennium from funds subject to the limitations set forth in the
Texas Constitution, including any appropriated federal funds in the
amounts estimated in the Act making such appropriations.
Added by Acts 1983, 68th Leg., p. 1667, ch. 312, § 1, eff. Aug.
29, 1983.
§ 31.052. LIMITATION ON AMOUNT OF FINANCIAL
ASSISTANCE. For each fiscal biennium, the maximum amount that may
be paid out of state funds for assistance grants to or on behalf of
needy dependent children and their caretakers may not exceed one
percent of the state budget.
Added by Acts 1983, 68th Leg., p. 1667, ch. 312, § 1, eff. Aug.
29, 1983.
§ 31.053. DETERMINATION BY LEGISLATIVE BUDGET
BOARD. (a) With regard to the general appropriations bill
introduced in each house in each regular session, it shall be the
duty of the legislative budget director, not later than the seventh
day of the session, to inform in writing the lieutenant governor and
the speaker of the house of representatives of three items of
information:
(1) the biennial amount of the "state budget," as
defined for the purposes of this subchapter, based on the general
appropriations bills as introduced;
(2) the maximum biennial amount of one percent of the
state budget; and
(3) the biennial amount which would be appropriated by
the general appropriations bills for assistance to or on behalf of
needy dependent children and the caretakers of such children and
which is subject to the limitation.
(b) At the request of the lieutenant governor or speaker the
legislative budget director shall update this information and shall
provide a statement of other legislation affecting appropriations.
(c) The Legislative Budget Board may adopt rules necessary
to perform its duties under this subchapter.
Added by Acts 1983, 68th Leg., p. 1667, ch. 312, § 1, eff. Aug.
29, 1983.
SUBCHAPTER D. PARENTS AS SCHOLARS PILOT PROGRAM
§ 31.071. DEFINITIONS.
Text of section effective until Sept. 1, 2007
In this subchapter:
(1) "Commission" means the Texas Workforce
Commission.
(2) "Institution of higher education" includes a
private or independent institution of higher education.
(3) "Program" means the Parents as Scholars pilot
program established under this subchapter.
Added by Acts 2001, 77th Leg., ch. 489, § 1, eff. Sept. 1, 2001.
§ 31.072. PARENTS AS SCHOLARS PILOT PROGRAM.
Text of section effective until Sept. 1, 2007
The commission by rule shall establish a Parents as Scholars
pilot program under which recipients of financial assistance
participating in the program are allowed to fulfill applicable work
or employment activities requirements by engaging in educational
activities designed to result in receipt of a postsecondary degree.
Added by Acts 2001, 77th Leg., ch. 489, § 1, eff. Sept. 1, 2001.
§ 31.073. SELECTION OF PROGRAM PARTICIPANTS; EDUCATION
ASSESSMENT.
Text of section effective until Sept. 1, 2007
(a) A recipient of financial assistance is eligible for
consideration as a program participant if the recipient:
(1) is certified as eligible to receive financial
assistance for not more than 12 months in accordance with Section
31.0065(b)(1);
(2) is the parent of at least one dependent child
younger than 18 years of age;
(3) has a high school diploma, a high school
equivalency certificate, or an associate degree; and
(4) is not exempt from work or employment activities
required under Section 31.012.
(b) Unless positions in the program are unavailable, the
commission shall conduct an education assessment of each recipient
described by Subsection (a) to determine the recipient's ability to
obtain a postsecondary degree. The education assessment must
include consideration of the recipient's:
(1) educational achievement;
(2) performance in the areas of reading, writing, and
mathematics on an assessment instrument prescribed and
administered by the commission; and
(3) possession of skills that would enable the
recipient to secure employment providing a salary equal to at least
85 percent of the state median income.
(c) The education assessment must be conducted after the
recipient attends the commission's employment planning session
under the CHOICES program, but before development of the
recipient's individual employment plan.
(d) The commission may offer a recipient the opportunity to
participate in the program if the commission determines that the
recipient:
(1) has the ability, as determined through the
education assessment, to obtain a postsecondary degree;
(2) has the ability to complete, within the 12-month
period in which the recipient is entitled to financial assistance
under Section 31.0065(b)(1), all necessary procedures for
obtaining admission to an institution of higher education,
including taking admission examinations and completing
applications for admission and student financial aid; and
(3) does not have the skills without the additional
education that would enable the recipient to secure employment
providing a salary equal to at least 85 percent of the state median
income.
Added by Acts 2001, 77th Leg., ch. 489, § 1, eff. Sept. 1, 2001.
§ 31.074. LIMIT ON NUMBER OF PROGRAM PARTICIPANTS.
Text of section effective until Sept. 1, 2007
(a) The commission may not allow more than 100 recipients to
participate in the program at one time.
(b) The commission shall select recipients to participate
in the program on a first-come, first-served basis.
Added by Acts 2001, 77th Leg., ch. 489, § 1, eff. Sept. 1, 2001.
§ 31.075. INDIVIDUAL EDUCATION PLAN; APPLICATION FOR
ADMISSION TO AN INSTITUTION OF HIGHER EDUCATION.
Text of section effective until Sept. 1, 2007
(a) After selection of a recipient for participation in the
program, the commission shall, in cooperation with the recipient,
develop an individual education plan for the recipient. The plan
must include requirements that the recipient:
(1) prepare for and take any necessary examinations
for admission to an institution of higher education;
(2) complete at least one application for admission to
an institution of higher education; and
(3) apply for any student financial aid for which the
recipient is eligible.
(b) Subject to generally applicable eligibility
requirements, a recipient continues to receive financial
assistance during the period that the recipient engages in the
activities required to obtain admission to an institution of higher
education. If a recipient is not offered admission to an
institution of higher education before the expiration of the
12-month period in which the recipient is entitled to financial
assistance under Section 31.0065(b)(1), the recipient is
ineligible for continued participation in the program.
Added by Acts 2001, 77th Leg., ch. 489, § 1, eff. Sept. 1, 2001.
§ 31.076. APPLICABILITY OF WORK OR EMPLOYMENT ACTIVITIES
REQUIREMENTS DURING APPLICATION PERIOD.
Text of section effective until Sept. 1, 2007
(a) A recipient participating in the program remains
subject to the work or employment activities requirements imposed
by Section 31.012 until the recipient begins attending an
institution of higher education, regardless of whether financial
assistance is provided to the recipient using federal funds, or
cash assistance is provided to the recipient using state funds
under Section 31.078(c).
(b) The number of hours a recipient spends on completion of
activities specified in the recipient's individual education plan
developed under Section 31.075 are included in determining the
recipient's compliance with Section 31.012. If the number of hours
the recipient spends on education plan activities is less than the
number of hours required under Section 31.012, the recipient must
also participate in permissible work or employment activities for
the number of hours necessary to result in compliance with Section
31.012.
Added by Acts 2001, 77th Leg., ch. 489, § 1, eff. Sept. 1, 2001.
§ 31.077. ADMISSION TO AND ATTENDANCE AT INSTITUTION OF
HIGHER EDUCATION.
Text of section effective until Sept. 1, 2007
(a) A recipient participating in the program shall:
(1) notify the commission when the recipient receives
an offer of admission to an institution of higher education that the
recipient intends to accept; and
(2) enroll in that institution and begin attending
classes during the first semester for which the recipient is
offered admission.
(b) To remain eligible for participation in the program and
receipt of benefits under Section 31.078, a recipient must:
(1) take at least 12 credit hours each semester;
(2) make satisfactory academic progress, as
determined by the institution of higher education in which the
recipient is enrolled; and
(3) maintain eligibility for any applicable student
financial aid.
Added by Acts 2001, 77th Leg., ch. 489, § 1, eff. Sept. 1, 2001.
§ 31.078. PROGRAM BENEFITS.
Text of section effective until Sept. 1, 2007
(a) Beginning on the date that the commission determines
that a recipient participating in the program has received an offer
of admission to an institution of higher education that the
recipient intends to accept, or beginning on a date as soon after
that date as practical, the recipient:
(1) ceases to receive financial assistance; and
(2) begins to receive monthly cash assistance in the
amount necessary to ensure that the recipient's household receives
the same total amount of money that the household received before
the recipient ceased to receive financial assistance.
(b) A recipient participating in the program is eligible for
child-care services, medical assistance, and food stamps in the
same manner as a person receiving financial assistance.
(c) The commission shall fund monthly cash assistance and
child-care services for recipients participating in the program
with state money appropriated to the commission for that purpose.
The commission shall use the state money in a manner that ensures
that the money is included in determining the state's compliance
with federal maintenance of effort requirements under Part A, Title
IV, Social Security Act (42 U.S.C. Section 601 et seq.), as amended.
(d) The commission shall notify the department on
determination by the commission that a recipient is entitled to
benefits in accordance with Subsection (a), and the department
shall take all necessary administrative action to ensure that the
recipient ceases to receive financial assistance.
Added by Acts 2001, 77th Leg., ch. 489, § 1, eff. Sept. 1, 2001.
§ 31.079. TIME LIMITS.
Text of section effective until Sept. 1, 2007
(a) A recipient participating in the program who enrolls in
an institution of higher education:
(1) is not subject to the time limits imposed by
Section 31.0065;
(2) is subject to applicable time limits imposed by
federal law;
(3) may, if the recipient is seeking an associate
degree, receive cash assistance and child-care services under the
program until the earlier of the date the recipient obtains the
degree or the date the recipient has received benefits for a total
of 36 months; and
(4) may, if the recipient is seeking a baccalaureate
degree, receive cash assistance and child-care services under the
program until the earlier of the date the recipient obtains the
degree or the date the recipient has received benefits for a total
of 60 months.
(b) A recipient participating in the program who obtains an
associate degree may subsequently pursue a baccalaureate degree if
approved by the commission. If approved, the recipient may receive
total benefits under the program for the period prescribed by
Subsection (a)(4).
Added by Acts 2001, 77th Leg., ch. 489, § 1, eff. Sept. 1, 2001.
§ 31.080. REPORT TO LEGISLATURE.
Text of section effective until Sept. 1, 2007
Not later than January 15, 2007, the commission shall submit
to the legislature a report relating to the program. The report
must include:
(1) an evaluation of the program's effectiveness in
improving employability of persons eligible for financial
assistance; and
(2) recommendations from the commission concerning
termination, continuation, or expansion of the program.
Added by Acts 2001, 77th Leg., ch. 489, § 1, eff. Sept. 1, 2001.
§ 31.081. EXPIRATION.
Text of section effective until Sept. 1, 2007
This subchapter expires September 1, 2007.
Added by Acts 2001, 77th Leg., ch. 489, § 1, eff. Sept. 1, 2001.
