Part 1.
TEXAS DEPARTMENT OF HUMAN SERVICES
Chapter 3.
TEXAS WORKS
The Texas Department of Human Services (DHS) proposes to amend §3.301,
concerning responsibilities of clients and the Texas Department of Human Services
(DHS), §3.1104, concerning failure to comply with Title IV-A employment
program, and §3.1203, concerning work requirement, in its Texas Works
chapter. The purpose of the amendment to §3.301 is to clarify that DHS
eligibility workers monitor participation and completion of parenting skills
for non-Choices clients. The purpose of the amendment to §3.1104 is to
clarify that the caretaker or second parent is cited as the Temporary Assistance
for Needy Families (TANF) client who is required to comply with the Title
IV-A Employment Program. The purpose of the amendment to §3.1203 is to
allow food stamp recipients to be exempt from the work requirement if they
reside in a county covered under Texas' 15% exemption allowance, as described
in 7 U.S.C. 2015(o)(6).
James R. Hine, Commissioner, has determined that for the first five-year
period the proposed sections will be in effect, there will be no fiscal implications
for state or local government as a result of enforcing or administering the
sections.
Mr. Hine also has determined that for each year of the first five years
the sections are in effect, the public benefit anticipated as a result of
enforcing the sections will be the availability of more precise rules. There
will be no effect on small or micro businesses as a result of enforcing or
administering the sections, because the amendments update and clarify policy
and do not affect businesses. There is no anticipated economic cost to persons
who are required to comply with the proposed sections. There will be no anticipated
effect on local employment in geographic areas affected by these sections.
Questions about the content of this proposal may be directed to Eric McDaniel
at (512) 438- 2909 in DHS's Texas Works section. Written comments on the proposal
may be submitted to Supervisor, Rules and Handbooks Unit-208, Texas Department
of Human Services E-205, P.O. Box 149030, Austin, Texas 78714-9030, within
30 days of publication in the
Texas Register
.
Under §2007.003(b) of the Texas Government Code, the department has
determined that Chapter 2007 of the Government Code does not apply to these
rules. Accordingly, the department is not required to complete a takings impact
assessment regarding these rules.
Subchapter C. THE APPLICATION PROCESS
40 TAC §3.301
The amendment is proposed under the Human Resources Code,
Chapters 22 and 33, which authorizes the DHS to administer public and nutritional
assistance programs.
The amendment implements the Human Resources Code, §§22.001-22.036
and §§33.001-33.027.
§3.301.Responsibilities of Clients and the Texas Department of Human Services (DHS).
(a) - (c)
(No change.)
(d)
Additional state and client responsibilities are explained
by eligibility staff to households as a condition of TANF eligibility in Texas
as specified in paragraphs (1)-(5) of this subsection.
(1) - (3)
(No change.)
(4)
Penalties for noncompliance with requirements. Failure
to comply results in the penalties specified in subparagraphs (A)-(D) of this
paragraph.
(A) - (C)
(No change.)
(D)
Penalty periods. DHS starts penalty periods beginning with
the earliest month benefits can be adjusted. The penalty for noncompliance
with Human Resources Code, §31.0031(d)(4), is imposed for the time period
specified in §3.1104 and §3.1105 of this title (relating to Failure
to Comply with Title IV-A Employment Program and Reestablishing Eligibility).
The penalty for noncompliance with Human Resources Code, §31.0031(d)(3),
is imposed for three consecutive months, or fewer than three months, if the
recipient returns to that job or another comparable job, according to the
regulations applicable to the Food Stamp Program, as specified in 7 Code of
Federal Regulation §273.7(n)(5)(ii), relating to voluntary quit. The
penalty for noncompliance with Human Resources Code, §31.0031(d)(5),
is imposed for six consecutive months. The penalties for noncompliance with
requirements specified in Human Resources Code, §31.0031(d)(1), (2),
(6), (7), and (8), remain in effect until the month after the noncompliance
ends. DHS considers noncompliance with these requirements to have ended as
specified in:
(i) - (iii)
(No change.)
(iv)
Human Resources Code, §31.0031(8). For recipients
participating in the Choices program, the case manager monitors and ensures
the client participates and completes the parenting skills program. The case
manager determines compliance. The
DHS
eligibility worker
monitors participation and completion of parenting skills for
[
(E)
(No change.)
(5)
(No change.)
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on June 14, 2002.
TRD-200203712
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: July 28, 2002
For further information, please call: (512) 438-3734
performs these actions for either Choices or
] non-Choices clients.
Subchapter K. EMPLOYMENT SERVICES