Part 1.
TEXAS DEPARTMENT OF HUMAN SERVICES
Chapter 3.
TEXAS WORKS
Subchapter K. EMPLOYMENT SERVICES
40 TAC §3.1101
The Texas Department of Human Services (DHS) adopts an amendment
to §3.1101, in its Texas Works chapter. The amendment is adopted with
changes to the proposed text published in the February 15, 2002, issue of
the
Texas Register
(27 TexReg 1119).
Justification for the amendment is to define which Temporary Assistance
for Needy Families (TANF) recipients are exempt from participation in the
Choices program. TANF recipients are required by federal regulations to participate
in the Choices program unless they meet exemption criteria. In addition to
the state-mandated exemptions described in Human Resources Code, §31.012,
DHS has the option of allowing additional exemptions.
DHS received a single letter of comment that was cosigned by two members
of the state legislature. A summary of the comments and the department's responses
follow.
Comment: The letter encouraged DHS to revise the amendment to reaffirm
the importance of the work requirement, retain needed flexibility for work
exemptions, and guarantee that support services are offered to all clients.
Response: DHS agrees and has changed §3.1101(a).
Comment: The letter indicated that work should be affirmed for caretakers,
even if they are only able to work part-time.
Response: DHS agrees and has, therefore, not proposed exemptions based
upon limited availability for work, such as on a part-time basis. Current
policies would not exempt individuals who are disabled but who are able to
work even part-time. DHS exempts disabled individuals only if a physician
indicates they are unable to work. These individuals, as well as others who
qualify for exemptions under the amendment, are encouraged by DHS to volunteer
for work activities, if they are able to do so.
Comment: The letter encouraged DHS to modify the rules to ensure that all
TANF recipients are expected to work, as allowed by their abilities.
Response: DHS agrees and has changed §3.1101(b)(2) to clarify that
a disabling condition must be expected to last more than 180 days for a caretaker
or second parent to receive an exemption for caring for a disabled adult.
This is consistent with the 180 days cited when a disabled adult recipient
claims a personal disability. Before determining work exemptions, DHS considered
opinions solicited from a variety of sources, and considered the merits of
part-time work for exempt adults.
In addition to the changes indicated above, DHS made minor editorial changes
to the rule to improve clarity and understanding.
The amendment is adopted under the Human Resources Code, Title
2, Chapter 31, which authorizes DHS to administer financial assistance programs.
The amendment implements the Human Resources Code, §§31.001-31.0325.
§3.1101.Who is Required to Participate.
(a)
The Texas Department of Human Services (DHS) is committed
to the concept that work is the surest route to independence, recognizing
that flexibility is needed in work requirement exemptions and the need for
adequate support services. Each certified Temporary Assistance for Needy Families
(TANF) recipient who lives in a Choices county must participate in any Choices
component required by the Texas Workforce Commission (TWC), except as noted
in subsection (b) of this section.
(b)
DHS exempts from Choices participation a:
(1)
caretaker relative of a child as specified in Human Resources
Code, §31.012 (relating to Mandatory Work or Participation in Employment
Activities Through the Job Opportunities and Basic Skills Program);
(2)
caretaker or second parent who is needed in the home to
care for a disabled adult in the household who is disabled for more than 180
days;
(3)
single grandparent age 50 or over who is a caretaker for
a child under age three;
(4)
caretaker or second parent who is disabled for more than
180 days;
(5)
pregnant caretaker or second parent who is unable to work
as a result of pregnancy;
(6)
caretaker or second parent who is age 60 or older;
(7)
recipient under age 16 who is not a caretaker or second
parent; and
(8)
recipient who is 16 through 18 years old attending elementary,
secondary, vocational, or technical school full-time; and who is not a caretaker
or second parent.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on May 14, 2002.
TRD-200202990
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: June 3, 2002
Proposal publication date: February 15, 2002
For further information, please call: (512) 438-3734
Chapter 270.
GENERAL SERVICE REQUIREMENTS
Part 9.
TEXAS DEPARTMENT ON AGING