TITLE 40.SOCIAL SERVICES AND ASSISTANCE

Part 1. TEXAS DEPARTMENT OF HUMAN SERVICES

Chapter 3. TEXAS WORKS

Subchapter G. RESOURCES

40 TAC §3.703

The Texas Department of Human Services (DHS) proposes to amend §3.703, concerning limits, in its Texas Works chapter. The purpose of the amendment is to update and correct citations and terminology within the rule. State Welfare control group language has also been removed from the rule.

James R. Hine, 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 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 adoption of the proposed rule will be to correct information regarding resource limits for categorically eligible households under federal regulations. The removal of TANF control groups will create uniformity by making the same TANF policy applicable to all TANF applicants and recipients after April 1, 2002. There will be no effect on small or micro businesses as a result of enforcing or administering the section, because the proposed amendment is a technical amendment to the resource limit rule. 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 this section.

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-128, 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 this rule. Accordingly, the department is not required to complete a takings impact assessment regarding this rule.

The amendment is proposed under the Human Resources Code, Title 2, Chapters 31 and 33, which authorizes the department to administer financial and nutritional assistance programs.

The amendment implements the Human Resources Code, §§31.001-31.0325 and §§33.001-33.027.

§3.703.Limits.

(a) Temporary Assistance for Needy Families (TANF). The resource limits are those specified by Human Resources Code §31.032(d)(1) and §31.032(e). [ Aid to Families with Dependent Children (AFDC). The resource limit ]

[ (1) for clients who are members of the State Welfare Reform Control Group is $1,000 as stipulated in 45 Code of Federal Regulations §233.20(a)(3)(i)(B); and]

[ (2) for all other AFDC recipients is specified by Human Resources Code §31.032(d)(1) and §31.032(e).]

(b) Food stamps. Resource limits are those stipulated in 7 Code of Federal Regulations §273.8(a) and §273.8(b).

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 11, 2002.

TRD-200201508

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Earliest possible date of adoption: April 21, 2002

For further information, please call: (512) 438-3734