CHAPTER 31. FINANCIAL ASSISTANCE AND SERVICE PROGRAMS
HUMAN RESOURCES CODE
TITLE 2. DEPARTMENT OF HUMAN SERVICES AND DEPARTMENT OF
PROTECTIVE AND REGULATORY SERVICES
SUBTITLE C. ASSISTANCE PROGRAMS
CHAPTER 31. FINANCIAL ASSISTANCE AND SERVICE PROGRAMS
SUBCHAPTER A. ELIGIBILITY FOR FINANCIAL ASSISTANCE AND SERVICES
Sec. 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, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1995, 74th Leg., ch. 655, Sec.
1.01, eff. Sept. 1, 1995.
Sec. 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, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1993, 73rd Leg., ch. 395, Sec. 1,
eff. June 2, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 8.014, eff.
Sept. 1, 1995.
Sec. 31.0021. DEFINITION OF NONRECIPIENT PARENT. (a) Except as
provided by Subsection (b), in this chapter, "nonrecipient
parent" means an adult or minor parent who is not a recipient of
financial assistance but who is living with the person's child
who is a recipient of financial assistance.
(b) "Nonrecipient parent" does not include:
(1) a minor parent who is not the head of household;
(2) a person who is ineligible for financial assistance because
of the person's immigration status; or
(3) a parent who cares for a disabled family member living in
the home if the family member does not attend school full-time
and the need for the care is supported by medical documentation.
Added by Acts 2007, 80th Leg., R.S., Ch.
1300, Sec. 1, eff. June 15, 2007.
Sec. 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, Sec. 1, eff.
Sept. 1, 1979.
Sec. 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, Sec. 2.02(a), eff. Sept.
1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 6.53,
eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 682, Sec. 1, eff.
Sept. 1, 1997; Acts 2003, 78th Leg., ch. 198, Sec. 2.86(a), 2.87,
eff. Sept. 1, 2003.
Sec. 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, Sec. 2.02(a), eff. Sept.
1, 1995. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 74, eff.
Sept. 1, 1999; Acts 2003, 78th Leg., ch. 198, Sec. 2.88(a), eff.
Sept. 1, 2003.
Sec. 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, Sec. 2.02(a), eff. Sept.
1, 1995. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 75, eff.
Sept. 1, 1999; Acts 2003, 78th Leg., ch. 198, Sec. 2.88(a), eff.
Sept. 1, 2003.
Sec. 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, Sec. 2.88(b), eff. Sept.
1, 2003.
Sec. 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, Sec. 2.02(a), eff. Sept.
1, 1995. Amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.88(a),
eff. Sept. 1, 2003.
Sec. 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, Sec. 3.02, eff. Sept. 1,
1995.
Sec. 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, Sec. 1.02(a), eff. Sept.
1, 1995. Renumbered from Human Resources Code Sec. 31.0031 by
Acts 1997, 75th Leg., ch. 165, Sec. 31.01(61), eff. Sept. 1,
1997.
Sec. 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, Sec. 2, eff. Sept. 1,
1997.
Sec. 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, Sec. 2.89, eff. Sept. 1,
2003.
Sec. 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, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1995, 74th Leg., ch. 76, Sec.
8.015, eff. Sept. 1, 1995.
Sec. 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, Sec. 1, eff. Sept. 1,
1999. Amended by Acts 2001, 77th Leg., ch. 346, Sec. 1, eff.
Sept. 1, 2001.
Sec. 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, Sec. 1, eff.
Sept. 1, 1979.
Sec. 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, Sec. 3, eff. Sept. 1,
1993.
Sec. 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, Sec. 1, eff.
Sept. 1, 1979.
Sec. 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, Sec. 3.01(a), eff. Sept.
1, 1995.
Sec. 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, Sec. 1, eff. Sept. 1,
2001.
Sec. 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, Sec. 1, eff.
Sept. 1, 1979.
Sec. 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, Sec. 1, eff.
Sept. 1, 1979.
Sec. 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, Sec. 1, eff.
Sept. 1, 1979.
Sec. 31.0095. NEEDS ASSESSMENT. The Health and Human Services
Commission shall assist a recipient or a nonrecipient parent in
assessing the particular needs of that person and the person's
family upon notification of entry into a Temporary Assistance for
Needy Families employment program established under Part A,
Subchapter IV, Social Security Act (42 U.S.C. Section 601 et
seq.). The Texas Workforce Commission and the recipient or the
nonrecipient parent shall develop an employability plan to help
the recipient or nonrecipient parent achieve independence from
public assistance granted to the recipient and the recipient's
family, or to the child of the nonrecipient parent, as
applicable.
Added by Acts 1995, 74th Leg., ch. 655, Sec. 1.03, eff. Sept. 1,
1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1300, Sec. 2, eff. June 15, 2007.
Sec. 31.010. SUPPORT SERVICES. (a) Subject to the availability
of funds, the Texas Workforce Commission shall provide a
recipient or a nonrecipient parent with support services designed
to assist the recipient or nonrecipient parent and the person'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
Texas Workforce Commission shall:
(1) emphasize training for sustainable wage jobs;
(2) promote understanding of nontraditional work opportunities
for recipients and nonrecipient parents; 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, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1995, 74th Leg., ch. 655, Sec.
1.04, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 828, Sec. 3,
eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1300, Sec. 3, eff. June 15, 2007.
Sec. 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, Sec. 5.23, eff.
Sept. 1, 1991. Amended by Acts 1995, 74th Leg., ch. 655, Sec.
4.01(a), 11.63, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch.
602, Sec. 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 681,
Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1224, Sec.
1, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 198, Sec. 2.90,
eff. Sept. 1, 2003.
Sec. 31.0121. SKILLS ASSESSMENT AND DEVELOPMENT FOR CERTAIN
RECIPIENTS AND CERTAIN NONRECIPIENT PARENTS. (a) The Texas
Workforce Commission shall ensure that each local workforce
development board assesses the skills development needs of
recipients and of nonrecipient parents referred to the CHOICES
program administered by the board.
(b) If, after assessing the skills development needs of a
recipient or a nonrecipient parent, a local workforce development
board determines that the recipient or the nonrecipient parent
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 or
the nonrecipient parent 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 or a nonrecipient parent 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 or a nonrecipient parent 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, Sec. 4.04, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1300, Sec. 4, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch.
1300, Sec. 5, eff. June 15, 2007.
Sec. 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, Sec. 7.02, eff. Sept. 1,
1995.
Sec. 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, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1995, 74th Leg., ch. 655, Sec. 4.02(a),
eff. Sept. 1, 1995.
Sec. 31.0126. EMPLOYMENT PROGRAMS. (a) The Texas Workforce
Commission by rule shall develop the following programs to assist
recipients of financial assistance and services under this
chapter and nonrecipient parents 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 executive commissioner of the Health and Human
Services Commission shall:
(1) establish the criteria for determining which recipients and
nonrecipient parents who are eligible to participate in the
Temporary Assistance for Needy Families employment programs
established under Part A, Subchapter IV, Social Security Act (42
U.S.C. Section 601 et seq.), may be required to participate in a
particular program; and
(2) ensure that a recipient or a nonrecipient parent who is
incapable of participating in a particular program is not
required to participate in that program.
(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, Sec. 4.03, eff. Sept. 1,
1995. Amended by Acts 2003, 78th Leg., ch. 818, Sec. 6.08, eff.
Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1300, Sec. 6, eff. June 15, 2007.
Sec. 31.01261. PROVISION OF EMPLOYMENT SERVICES TO CERTAIN
NONRECIPIENT PARENTS. The Texas Workforce Commission shall
provide employment services, including needs assessment, job
training, postemployment, and related support services, to
nonrecipient parents to the same extent the services are provided
to recipients under this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch.
1300, Sec. 7, eff. June 15, 2007.
Sec. 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, Sec. 10.01, eff. Sept.
1, 1999.
Sec. 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, Sec. 1, eff. Sept. 1,
2001. Amended by Acts 2003, 78th Leg., ch. 1169, Sec. 12, eff.
Sept. 1, 2003.
Sec. 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, Sec. 13, eff. Sept. 1,
2003.
Sec. 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, Sec. 2, eff. Sept. 1,
1993. Amended by Acts 1995, 74th Leg., ch. 655, Sec. 1.05, eff.
Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 6.54, eff.
Sept. 1, 1997; Acts 1997, 75th Leg., ch. 682, Sec. 2, eff. Sept.
1, 1997.
Sec. 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, Sec. 1, eff. Sept. 1,
1993.
Sec. 31.015. HEALTHY MARRIAGE DEVELOPMENT PROGRAM. (a) Subject
to available federal funding, the d