CHAPTER 31. FINANCIAL ASSISTANCE AND SERVICE PROGRAMS

State Codes and Statutes

Statutes > Texas > Human-resources-code > Title-2-department-of-human-services-and-department-of-protective-and-regulatory-services > 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.

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.

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;

(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.

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).

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.

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.

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.

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.

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.

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.

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

finds that a person who is required to register is not

registered, the department may not make the payment.

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.

(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.

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.

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.

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;

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).

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).

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.

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.

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.

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.

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

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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