Part I.
Texas Department of Human Services
Chapter 3.
Income Assistance Services
Subchapter SS. One-Time Assistance for Needy Families Program
40 TAC §3.7202
The Texas Department of Human Services (DHS) proposes to
amend §3.7202, concerning One-Time Temporary Assistance for Needy Families
Program (OTTANF) criteria, in its Income Assistance Services chapter. The
purpose of the amendment is to make minor changes to the crisis criteria rules
for OTTANF. These minor changes consist of: re-numbering the crisis criteria;
changing the wording to include a potential loss of transportation or shelter
in the definition of crisis criteria four; including the process month as
a month the caretaker or second parent can have a loss of employment in crisis
criteria one; and indicating in crisis criteria two that the loss of support
by a caretaker must be a loss of financial support within the last 12 months.
Eric M. Bost, commissioner, has determined that for the first five- year
period the proposed section will be in effect there will be no fiscal implications
for state or local governments as a result of enforcing or administering the
section.
Mr. Bost also has determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of enforcing
the section will be that the language of the rules will be more clear. There
will be no adverse economic effect on small businesses because the department
is clarifying the language of the rules. This should have no effect on large
businesses. There is no anticipated economic cost to persons who are required
to comply with the proposed section.
Questions about the content of this proposal may be directed to Mary Haifley
at (512) 438-2599 in DHS's Texas Works Department. Written comments on the
proposal may be submitted to Supervisor, Rules and Handbooks Unit-125, Texas
Department of Human Services E-205, P.O. Box 149030, Austin, Texas 78714-9030,
within 30 days of publication in the
Texas Register
.
The amendment is proposed under the Human Resources Code, Title
2, Chapter 31, which provides the department with the authority to administer
financial assistance programs.
The amendment implements the Human Resources Code, §§31.001-
31.0325.
§3.7202.One-Time Temporary Assistance for Needy Families Program (OTTANF) Criteria.
Clients must meet one of the following criteria to qualify for OTTANF.
(1)
For cases with two parents in the certified
group, the caretaker or second parent has had loss of employment within the
process month, application month, or the two months prior to application.
[
The caretaker or second
parent is currently underemployed and facing a crisis because of:]
[
loss of transportation;]
[
potential loss of shelter; or]
[
a medical emergency that temporarily prevents
the caretaker or second parent from working.]
(2)
For cases with a caretaker only
in the certified group, the caretaker has experienced loss of financial support
from the second parent within the last 12 months through death, divorce, separation,
or abandonment. Caretakers experiencing loss of support from the second parent
must establish that the caretaker had a history of employment within the 12
months prior to application.
(3)
[
(A)
provide proof of degree or certificate of completion from
a technical training school, junior college, college
,
or university;
(B)
not be currently enrolled in an institute of higher learning;
and
(C)
have received Temporary Assistance for Needy Families anytime
in the 12 months prior to enrolling, or while attending an accredited college,
university
,
or technical training school.
[
(4)
The caretaker or second
parent is currently underemployed and facing a crisis because of:
(A)
loss or potential loss of transportation;
(B)
loss or potential loss of shelter; or
(C)
a medical emergency that temporarily prevents
the caretaker or second parent from working.
[
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
March 12, 1999.
TRD-9901513
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: April 25, 1999
For further information, please call: (512) 438-3765
Subchapter T. Administrative Fraud Disqualification Hearings
(1)
(A)
(B)
(C)
(2)
] The caretaker or second
parent is a graduate of an accredited college or technical training school
within the 12 months prior to application, and is unemployed or underemployed.
The caretaker or second parent must:
(3)
For cases with two parents in
the certified group, the caretaker or second parent has had loss of employment
within the application month or the two months prior to application.
]
(4)
For cases with a caretaker only
in the certified group, the caretaker has experienced loss of support from
the second parent through death, divorce, separation or abandonment. Caretakers
experiencing loss of support from the second parent must establish that the
caretaker had a history of employment within the 12 months prior to application.
]
Chapter 79.
Legal Services