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  S.B. No. 589
 
 
 
 
AN ACT
  relating to Temporary Assistance for Needy Families (TANF)
  employment programs and participation in those programs by certain
  parents who are not TANF recipients.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 31, Human Resources Code,
  is amended by adding Section 31.0021 to read as follows:
         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.
         SECTION 2.  Section 31.0095, Human Resources Code, is
  amended to read as follows:
         Sec. 31.0095.  NEEDS ASSESSMENT.  The Health and Human
  Services Commission [department] shall assist a recipient or a
  nonrecipient parent in assessing the particular needs of that
  person [recipient] and the person's [recipient'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 JOBS
  program]. The Texas Workforce Commission [department] 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.
         SECTION 3.  Subsections (a) and (f), Section 31.010, Human
  Resources Code, are amended to read as follows:
         (a)  Subject to the availability of funds, the Texas
  Workforce Commission [department] shall provide a recipient or a
  nonrecipient parent with support services designed to assist the
  recipient or nonrecipient parent and the person's [recipient's]
  family to attain and retain the capability of independence and
  self-care.
         (f)  In providing work skills and job readiness training, the
  Texas Workforce Commission [department] 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.
         SECTION 4.  The heading to Section 31.0121, Human Resources
  Code, is amended to read as follows:
         Sec. 31.0121.  SKILLS ASSESSMENT AND DEVELOPMENT FOR CERTAIN
  RECIPIENTS AND CERTAIN NONRECIPIENT PARENTS.
         SECTION 5.  Subsections (a), (b), (d), and (e), Section
  31.0121, Human Resources Code, are amended to read as follows:
         (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 [a recipient's] 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.
         (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.
         SECTION 6.  Subsections (a) and (c), Section 31.0126, Human
  Resources Code, are amended to read as follows:
         (a)  The Texas Workforce Commission [In cooperation with the
  state agency charged with primary responsibility for job training,
  employment, and workforce development in this state, the
  department] by rule shall develop the following programs to assist
  recipients of financial assistance and services under this chapter
  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.
         (c)  In adopting rules governing a program prescribed by this
  section, the executive commissioner of the Health and Human
  Services Commission [department] 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.), [JOBS training program] 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[; and
               [(3)     provide technical assistance to local workforce
  development boards].
         SECTION 7.  Subchapter A, Chapter 31, Human Resources Code,
  is amended by adding Section 31.01261 to read as follows:
         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.
         SECTION 8.  Subsection (d), Section 301.063, Labor Code, is
  amended to read as follows:
         (d)  On request, the commission shall furnish to an agency of
  the United States responsible for the administration of public
  works or assistance through public employment the name, address,
  ordinary occupation, and employment status of each recipient of
  benefits, including each nonrecipient parent as defined by Section
  31.0021, Human Resources Code, who is receiving benefits, and shall
  inform the agency of the recipient's right to further benefits
  under Subtitle A.
         SECTION 9.  Section 302.001, Labor Code, is amended by
  adding Subdivision (3) to read as follows:
               (3)  "Nonrecipient parent" has the meaning assigned by
  Section 31.0021, Human Resources Code.
         SECTION 10.  Section 302.0025, Labor Code, is amended to
  read as follows:
         Sec. 302.0025.  EMPLOYMENT PLAN AND POSTEMPLOYMENT
  STRATEGIES. (a)  The commission shall ensure that an individual
  employment plan developed for a recipient of financial assistance
  or a nonrecipient parent participating in an employment program
  under Chapter 31, Human Resources Code, includes specific
  postemployment strategies to assist the recipient or the
  nonrecipient parent in making a transition to stable employment at
  a wage that enables the person [recipient] and the person's 
  [recipient's] family to maintain self-sufficiency.
         (b)  The individual employment plan must:
               (1)  consider the person's [a recipient's] individual
  circumstances and needs in determining the person's [recipient's]
  initial job placement;
               (2)  identify a target wage that enables the person 
  [recipient] and the person's [recipient's] family to maintain
  self-sufficiency;
               (3)  provide specific postemployment goals and include
  methods and time frames by which the person [recipient] is to
  achieve those goals; and
               (4)  refer the person [recipient] to additional
  educational and training opportunities.
         SECTION 11.  Subsection (a), Section 302.0026, Labor Code,
  is amended to read as follows:
         (a)  The commission and local workforce development boards
  shall develop an employment services referral program for
  recipients of financial assistance and nonrecipient parents who
  participate in employment programs under Chapter 31, Human
  Resources Code, and have, in comparison to other recipients or
  nonrecipient parents, higher levels of barriers to employment. The
  referral program must be designed to provide to a recipient or a
  nonrecipient parent referrals to preemployment and postemployment
  services offered by community-based organizations.
         SECTION 12.  Section 302.003, Labor Code, is amended to read
  as follows:
         Sec. 302.003.  JOB RETENTION AND REEMPLOYMENT ASSISTANCE.
  The division may provide ongoing job retention and reemployment
  assistance for a recipient of public assistance or nonrecipient
  parent who has participated in a job training program.
         SECTION 13.  Section 302.0036, Labor Code, is amended to
  read as follows:
         Sec. 302.0036.  TRANSPORTATION ASSISTANCE. (a)  To the
  extent funds are available, the commission and local workforce
  development boards shall provide transportation assistance to
  recipients of financial assistance and nonrecipient parents
  participating in employment programs under Chapter 31, Human
  Resources Code, that enables the recipients and nonrecipient
  parents to maintain a stable work history and attain financial
  stability and self-sufficiency.
         (b)  The commission and local workforce development boards
  may provide the assistance described by Subsection (a) by
  implementing new initiatives or expanding existing initiatives
  that provide transportation assistance to recipients of financial
  assistance or nonrecipient parents for whom transportation is a
  barrier to employment.
         SECTION 14.  Subsection (a), Section 302.0037, Labor Code,
  is amended to read as follows:
         (a)  The commission and local workforce development boards
  shall maximize the state's receipt of federal funds available to
  provide transportation assistance to recipients of financial
  assistance and nonrecipient parents participating in employment
  programs under Chapter 31, Human Resources Code.
         SECTION 15.  The heading to Section 302.0038, Labor Code, is
  amended to read as follows:
         Sec. 302.0038.  HOUSING RESOURCES FOR CERTAIN RECIPIENTS OF
  FINANCIAL ASSISTANCE AND CERTAIN NONRECIPIENT PARENTS.
         SECTION 16.  Subsections (a) and (b), Section 302.0038,
  Labor Code, are amended to read as follows:
         (a)  The commission, in cooperation with local workforce
  development boards, shall, for a recipient of financial assistance
  or nonrecipient parent participating in an employment program under
  Chapter 31, Human Resources Code:
               (1)  identify unmet housing needs and assess whether
  those needs are barriers to the person's [recipient's] full
  participation in the workforce and attainment of financial
  stability and self-sufficiency; and
               (2)  develop a service plan that takes into
  consideration the person's [recipient's] unmet housing needs.
         (b)  The commission by rule shall develop and implement a
  program through which a recipient or a nonrecipient parent
  identified under Subsection (a) as having unmet housing needs is
  referred by the commission or local workforce development board to
  agencies and organizations providing housing programs and services
  and connected to other housing resources. To provide those
  referrals and connections, the commission shall establish
  collaborative partnerships between:
               (1)  the commission;
               (2)  local workforce development boards;
               (3)  municipal, county, and regional housing
  authorities; and
               (4)  sponsors of local housing programs and services.
         SECTION 17.  Subsections (a) and (d), Section 302.009, Labor
  Code, are amended to read as follows:
         (a)  The commission by rule shall develop a job placement
  incentive program under which persons with whom local workforce
  development boards contract for employment services under Chapter
  2308, Government Code, are provided incentives for placing
  recipients of financial assistance and nonrecipient parents
  participating in employment programs under Chapter 31, Human
  Resources Code, in higher-wage jobs, as determined by the
  commission.
         (d)  A local workforce development board that provides a
  monetary incentive under the job placement incentive program to a
  person with whom the board contracts for employment services shall
  require the person to use the money for expenses relating to
  education, training, and support services necessary to prepare,
  place, and maintain recipients of financial assistance and
  nonrecipient parents in jobs paying wages that allow those persons 
  [recipients] to attain self-sufficiency.
         SECTION 18.  Subsections (a) and (b), Section 302.010, Labor
  Code, are amended to read as follows:
         (a)  The commission by rule shall develop guidelines under
  which local workforce development boards provide postemployment
  services to a recipient of financial assistance or nonrecipient
  parent participating in an employment program under Chapter 31,
  Human Resources Code.
         (b)  In developing the guidelines, the commission must
  consider the difficulties the recipient or nonrecipient parent is
  likely to encounter in acquiring additional education and training
  after becoming employed.
         SECTION 19.  Section 302.011, Labor Code, is amended to read
  as follows:
         Sec. 302.011.  POSTEMPLOYMENT CASE MANAGEMENT AND
  MENTORING. The commission shall encourage local workforce
  development boards to provide postemployment case management
  services for and use mentoring techniques to assist recipients of
  financial assistance and nonrecipient parents who participate in
  employment programs under Chapter 31, Human Resources Code, and
  have, in comparison to other recipients and nonrecipient parents,
  higher levels of barriers to employment. The case management
  services and mentoring techniques must be designed to increase the
  person's [recipient's] potential for wage growth and development of
  a stable employment history.
         SECTION 20.  Subchapter A, Chapter 302, Labor Code, is
  amended by adding Section 302.015 to read as follows:
         Sec. 302.015.  PROVISION OF EMPLOYMENT SERVICES TO CERTAIN
  NONRECIPIENT PARENTS. The 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
  of financial assistance under Chapter 31, Human Resources Code.
         SECTION 21.  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 22.  This Act takes effect immediately if it
  receives a vote of two-thirds of all the members elected to each
  house, as provided by Section 39, Article III, Texas Constitution.
  If this Act does not receive the vote necessary for immediate
  effect, this Act takes effect September 1, 2007.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 589 passed the Senate on
  March 28, 2007, by the following vote:  Yeas 30, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 589 passed the House on
  May 23, 2007, by the following vote:  Yeas 146, Nays 0, one
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor