Part 1.
TEXAS DEPARTMENT OF HUMAN SERVICES
Chapter 3.
TEXAS WORKS
Subchapter WW. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES--STATE PROGRAM
40 TAC §3.7603
The Texas Department of Human Services (DHS) proposes to
amend §3.7603, concerning eligibility, in its Texas Works chapter. The
purpose of the amendment is to change the method in which the agency counts
child support in a Temporary Assistance for Needy Families-State Program (TANF-SP)
case. The Office of Attorney General (OAG) must distribute all child support
collected directly to the household. DHS will count the collections as unearned
income after disregarding up to $50 per month. Current policy requires that
child support received in a TANF two-parent household be remitted to the state
after certification.
James R. Hine, Commissioner, has determined that, for the first five-year
period the proposed section is in effect, there will be no fiscal implications
for state or local government as a result of enforcing or administering the
section.
Mr. Hine 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 households will receive their entire child support
payment. There will be no adverse economic effect on small or micro businesses,
because the policy does not affect the operation of businesses. There is no
anticipated economic cost to persons who are required to comply with the proposed
section. There will be no anticipated effect on local employment in geographic
areas affected by the proposal.
Questions about the content of this proposal may be directed to Eric McDaniel
at (512) 438- 2909 in DHS's Texas Works policy section. Written comments on
the proposal may be submitted to Supervisor, Rules and Handbooks Unit-115,
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.
The amendment is proposed under the Human Resources Code, Title 2, Chapter
31, which authorizes the department to administer financial assistance programs.
The amendment implements the Human Resources Code, §§31.001-31.030.
§3.7603.Eligibility.
(a)
Requirements. To be eligible for services under the
Temporary Assistance for Needy Families-State Program (TANF-SP)
[
(b)
TANF-SP Child Support Requirements. The Texas Department
of Human Services (DHS) adheres to the requirements and procedures stated
in 45 Code of Federal Regulations, §§232.11-232.20, §§232.40-232.47,
and §232.49 with
the following exceptions
[
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 4, 2002.
TRD-200201310
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: April 14, 2002
For further information, please call: (512) 438-3734
Subchapter F. ENFORCEMENT
TANF-SP program
], the family must meet the requirements of this subchapter
and the TANF requirements for applicants specified in this chapter.
an exception
] related to penalties for noncompliance
and the retaining of child
support
. In regard to recipients subject to the requirements specified
in §3.301(d) of this title (relating to Responsibilities of Clients and
the Texas Department of Human Services (DHS)), DHS applies a noncompliance
penalty as specified in §3.301(d)(5)(A) of this title (relating to Responsibilities
of Clients and the Texas Department of Human Services (DHS)).
The Office
of the Attorney General will distribute child support directly to the TANF-SP
household. DHS will budget the child support as unearned income and disregard
up to $50 per household.
Chapter 97.
LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES