By: Nelson, et al.	S.B. No. 11

	A BILL TO BE ENTITLED
	AN ACT
	relating to the administration and operation of the Temporary
	Assistance for Needy Families (TANF) program.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	ARTICLE 1. DRUG SCREENING AND TESTING OF CERTAIN TANF APPLICANTS
	AND RECIPIENTS
	SECTION 1.01.  Subchapter B, Chapter 31, Human Resources
	Code, is amended by adding Section 31.0321 to read as follows:
	Sec. 31.0321.  DRUG SCREENING AND TESTING; ELIGIBILITY.
	(a)  In this section:
	(1)  "Commission" means the Health and Human Services
	Commission.
	(2)  "Controlled substance" has the meaning assigned by
	Chapter 481, Health and Safety Code.
	(b)  Except as provided in Subsections (f) and (g), each
	adult applicant for financial assistance benefits, including an
	applicant applying solely on behalf of a child, who initially
	applies for those benefits or who applies for the continuation of
	those benefits must submit to a controlled substance use screening
	assessment to establish the applicant's or the child's eligibility
	for the benefits.  In addition, each minor parent who is the head of
	household must submit to a controlled substance use screening
	assessment on the initial application for financial assistance
	benefits and on any application for the continuation of those
	benefits to establish the minor's eligibility for the benefits.
	(c)  A person whose controlled substance use screening
	assessment conducted under this section indicates good cause to
	suspect the person of controlled substance use shall submit to a
	drug test to establish the eligibility of the person and the
	person's family for financial assistance benefits.
	(d)  Except as provided in Subsection (e), a person whose
	drug test conducted under this section indicates the presence in
	the person's body of a controlled substance not prescribed for the
	person by a health care practitioner is ineligible for financial
	assistance benefits for the person and the person's family for a
	period of 12 months beginning on the first day of the month after
	the month in which the drug test was administered.
	(e)  A person who is denied financial assistance benefits
	because of the results of a drug test conducted under this section
	may reapply for financial assistance benefits six months after the
	first day of the month after the month in which the drug test was
	administered if the person provides proof of the person's
	successful completion of or current enrollment in a substance abuse
	treatment program. A person reapplying for financial assistance
	benefits must submit to a drug test as required by Subsection (f),
	regardless of whether the person is continuing to receive substance
	abuse treatment.
	(f)  A person who is denied financial assistance benefits
	because of the results of a drug test conducted under this section
	must submit to a drug test, without first submitting to a controlled
	substance use screening assessment, at the time of any
	reapplication for financial assistance benefits and on any
	application for the continuation of those benefits to establish the
	eligibility of the person and the person's family for the benefits.
	(g)  A person who has been convicted of a felony drug offense
	must submit to a drug test, without first submitting to a controlled
	substance use screening assessment, at the time of an initial
	application for financial assistance benefits and on any
	application for the continuation of those benefits to establish the
	eligibility of the person's family for the benefits.
	(h)  If a person is denied eligibility for financial
	assistance benefits three times because of the results of a drug
	test conducted under this section, the person and the person's
	family are permanently ineligible for those benefits.
	(i)  Before denying financial assistance benefits under this
	section, the commission must:
	(1)  notify the person who submitted to a drug test of
	the results of the test and the commission's proposed determination
	of ineligibility; and
	(2)  confirm the results of the drug test through a
	second drug test or other appropriate method.
	(j)  The commission shall:
	(1)  use the most efficient and cost-effective
	controlled substance use screening assessment tool that the
	commission and the Department of State Health Services can develop
	based on validated controlled substance use screening assessment
	tools; and
	(2)  pay the cost of any controlled substance use
	screening assessment or drug test administered under this section
	out of the federal Temporary Assistance for Needy Families block
	grant funds.
	(k)  The commission shall report to the Department of Family
	and Protective Services for use in an investigation conducted under
	Chapter 261, Family Code, if applicable, a person whose drug test
	conducted under this section indicates the presence in the person's
	body of a controlled substance not prescribed for the person by a
	health care practitioner.
	(l)  The executive commissioner of the commission shall
	adopt rules implementing this section.
	SECTION 1.02.  (a)  Section 31.0321, Human Resources Code,
	as added by this Act, applies to:
	(1)  an adult applicant, including an applicant
	applying solely on behalf of a child, who initially applies for
	financial assistance benefits under Chapter 31, Human Resources
	Code, on or after the effective date of this Act;
	(2)  a minor parent who is the head of household who
	initially applies for financial assistance benefits under Chapter
	31, Human Resources Code, on or after the effective date of this
	Act;
	(3)  an adult applicant, including an applicant
	applying solely on behalf of a child, who applies for the
	continuation of financial assistance benefits under Chapter 31,
	Human Resources Code, on or after the effective date of this Act;
	and
	(4)  a minor parent who is the head of household who
	applies for the continuation of financial assistance benefits under
	Chapter 31, Human Resources Code, on or after the effective date of
	this Act.
	(b)  Except as provided by Subsections (a)(3) and (4) of this
	section, an adult applicant, including an applicant applying solely
	on behalf of a child, and a minor parent who is the head of household
	who applied for financial assistance benefits under Chapter 31,
	Human Resources Code, before the effective date of this Act are
	governed by the law in effect when the person applied for financial
	assistance benefits, and that law is continued in effect for that
	purpose.
	ARTICLE 2. MANDATORY PARTICIPATION IN TANF EMPLOYMENT PROGRAMS BY
	CERTAIN PERSONS
	SECTION 2.01.  Section 31.0033(d), Human Resources Code, is
	amended to read as follows:
	(d)  The executive commissioner of the Health and Human
	Services Commission [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, except that the Texas Workforce Commission shall establish
	criteria for good cause failure to cooperate with regard to work or
	employment activities in accordance with Section 31.012(b).
	SECTION 2.02.  The heading to Section 31.012, Human
	Resources Code, is amended to read as follows:
	Sec. 31.012.  MANDATORY WORK OR PARTICIPATION IN EMPLOYMENT
	ACTIVITIES [THROUGH THE JOB OPPORTUNITIES AND BASIC SKILLS
	PROGRAM].
	SECTION 2.03.  Section 31.012, Human Resources Code, is
	amended by amending Subsections (a), (b), (c), (d), and (e) and
	adding Subsections (c-1) and (g) to read as follows:
	(a)  Except as provided by Subsections (c) and (g), the
	Health and Human Services Commission [The department] shall require
	that, during any one-month period in which an adult is receiving or
	the child of a nonrecipient parent is receiving financial
	assistance under this chapter, the adult or nonrecipient parent
	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 a Temporary Assistance for Needy
	Families employment program under Part A, Subchapter IV, Social
	Security Act (42 U.S.C. Section 601 et seq.) [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 Texas Workforce Commission [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 providing care for [who is the caretaker of] a
	family member with a disability [physically or mentally disabled
	child] who lives in the person's home and requires the person's
	[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 Section [Sections] 31.0035(b) [and
	32.0255(b)], the Texas Workforce Commission [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.
	(c-1)  Notwithstanding Section 531.0055, Government Code,
	the executive commissioner of the Health and Human Services
	Commission may not adopt rules that provide exceptions to a
	person's required participation in work or employment activities
	that are in addition to the exceptions provided by Subsections (c)
	and (g).
	(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 Texas Workforce Commission [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 Texas
	Workforce Commission [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.
	(g)  A nonrecipient parent who receives Supplemental
	Security Income (SSI) benefits under 42 U.S.C. Section 1381 et seq.
	is not subject to the requirements of this section.  The Texas
	Workforce Commission may provide services to the nonrecipient
	parent under this chapter in accordance with commission rules.
	SECTION 2.04.  Section 31.014(a), Human Resources Code, is
	amended to read as follows:
	(a)  The Health and Human Services Commission [department]
	shall provide financial assistance, in accordance with
	[department] rules adopted by the executive commissioner of the
	Health and Human Services Commission, to a two-parent family if the
	primary wage earner parent, other than a nonrecipient parent
	described by Section 31.012(g), is registered with a Temporary
	Assistance for Needy Families employment program under Part A,
	Subchapter IV, Social Security Act (42 U.S.C. Section 601 et seq.)
	[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 Workforce [Employment]
	Commission.
	SECTION 2.05.  Sections 31.0126(c) and 31.014(c), Human
	Resources Code, are repealed.
	SECTION 2.06.  Section 31.012, Human Resources Code, as
	amended by this Act, applies to a person receiving financial
	assistance benefits under Chapter 31, Human Resources Code,
	including a nonrecipient parent, as defined by Section 31.0021,
	Human Resources Code, on or after the effective date of this Act,
	regardless of the date the determination of eligibility for those
	benefits was made.
	ARTICLE 3. USE OF TANF BENEFITS
	SECTION 3.01.  Section 31.0355, Human Resources Code, is
	amended by adding Subsection (c-1) to read as follows:
	(c-1)  A retailer who accepts payment for goods and services
	through the EBT system shall ensure that financial assistance
	benefits are not used to purchase goods and services the purchase of
	which is not authorized under this section or rules adopted under
	this section, including alcoholic beverages, tobacco products,
	lottery tickets, adult entertainment, firearms, ammunition, and
	bingo.
	ARTICLE 4. TANF TIME LIMITS
	SECTION 4.01.  Section 31.0035(b), Human Resources Code, is
	amended to read as follows:
	(b)  Except as provided by Section 31.012(c), the Texas
	Workforce Commission [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.
	SECTION 4.02.  Section 31.0065, Human Resources Code, is
	amended to read as follows:
	Sec. 31.0065.  TIME-LIMITED BENEFITS. (a)  Subject to the
	exemptions adopted under Section 31.0067, the Health and Human
	Services Commission [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 Health and Human Services Commission [department]
	shall limit financial assistance provided to a person and the
	person's family to a cumulative total of 36 months of financial
	assistance benefits and 12 months of transitional benefits [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 person begins receiving financial assistance [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.]
	SECTION 4.03.  Section 31.0066, Human Resources Code, is
	amended by amending Subsection (a) and adding Subsection (c) to
	read as follows:
	(a)  The [department, the] Texas Workforce Commission[,] and
	the executive commissioner of 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.
	(c)  The rules must include guidelines to address the
	continued participation in work or employment activities required
	under Section 31.012 by recipients of financial assistance exempted
	from the application of time limits imposed by federal law.
	SECTION 4.04.  Subchapter A, Chapter 31, Human Resources
	Code, is amended by adding Section 31.0067 to read as follows:
	Sec. 31.0067.  HARDSHIP EXEMPTIONS FROM STATE TIME LIMITS.
	(a)  The Texas Workforce Commission and the executive commissioner
	of 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 Section 31.0065 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 Section 31.0065.
	(c)  The rules must include guidelines to address the
	continued participation in work or employment activities required
	under Section 31.012 by recipients of financial assistance exempted
	from the application of time limits imposed by Section 31.0065.
	SECTION 4.05.  Section 32.0255(b), Human Resources Code, is
	amended to read as follows:
	(b)  Except as provided by Section 31.012(c), the state may
	provide the medical assistance 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.
	SECTION 4.06.  The Texas Workforce Commission and the
	executive commissioner of the Health and Human Services Commission
	shall adopt the rules required by Section 31.0066, Human Resources
	Code, as amended by this Act, and Section 31.0067, Human Resources
	Code, as added by this Act, not later than December 1, 2013.
	SECTION 4.07.  Section 31.0065, Human Resources Code, as
	amended by this Act, applies to a person receiving financial
	assistance benefits under Chapter 31, Human Resources Code, on or
	after January 1, 2014, regardless of the date the determination of
	eligibility for those benefits was made.
	ARTICLE 5. TANF RESPONSIBILITY AGREEMENTS
	SECTION 5.01.  Section 31.0031, Human Resources Code, is
	amended by amending Subsections (a), (d), and (g) and adding
	Subsection (i) to read as follows:
	(a)  The Health and Human Services Commission [department]
	shall require each adult recipient and each teen parent recipient
	who is the head of household to sign a bill of responsibilities that
	defines the responsibilities of the state and of the recipient and
	encourages personal responsibility. The commission [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 commission
	[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.
	(d)  The responsibility agreement shall require that:
	(1)  the parent of a dependent child cooperate with the
	Health and Human Services Commission [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 Texas Workforce Commission [department];
	(4)  each adult recipient and each teen parent
	recipient who is the head of household 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 Texas Workforce Commission
	[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
	and each [or] teen parent younger than 19 years of age and other
	teen parent recipient who is the head of household attend school
	regularly, unless the person [child] has a high school diploma or
	high school equivalency certificate or is a child who is
	specifically exempted from school attendance under Section 25.086,
	Education Code;
	(7)  each recipient comply with Health and Human
	Services Commission [department] rules regarding proof of school
	attendance; and
	(8)  each recipient attend appropriate parenting
	skills training classes, as determined by the needs assessment.
	(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, excluding a nonrecipient
	parent, 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.
	(i)  The Health and Human Services Commission shall require
	each nonrecipient parent to sign a bill of responsibilities that
	defines the responsibilities of the state and of the nonrecipient
	parent.  The responsibility agreement must require that a
	nonrecipient parent comply with the requirements of Subsections
	(d)(1) through (8).
	SECTION 5.02.  Section 31.0031(f), Human Resources Code, is
	repealed.
	ARTICLE 6. STUDY
	SECTION 6.01.  STUDY OF ELECTRONIC PROVISION OF FINANCIAL
	ASSISTANCE BENEFITS. (a)  The Health and Human Services Commission
	shall study the feasibility of providing financial assistance
	benefits under Chapter 31, Human Resources Code, in the form of an
	electronic voucher that can be used and accepted in the same manner
	as a credit card.
	(b)  Not later than September 1, 2014, the Health and Human
	Services Commission shall report its findings to the governor, the
	lieutenant governor, the speaker of the house of representatives,
	the Senate Health and Human Services Committee or its successor,
	and the House Human Services Committee or its successor.
	(c)  This section expires September 1, 2015.
	ARTICLE 7. FEDERAL AUTHORIZATION AND EFFECTIVE DATE
	SECTION 7.01.  If before implementing any provision of this
	Act a state agency determines that a waiver or authorization from a
	federal agency is necessary for implementation of that provision,
	the agency affected by the provision shall request the waiver or
	authorization and may delay implementing that provision until the
	waiver or authorization is granted.
	SECTION 7.02.  This Act takes effect September 1, 2013.