HBA-JRA, DMD H.B. 1430 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1430
By: Christian
Human Services
3/30/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the state provides child support assistance for each child born
to a recipient of financial assistance, regardless of whether the child was
born before or after the person began receiving assistance.  Capping
financial benefits may provide a disincentive to having more children while
receiving assistance from the state.  H.B. 1430 prohibits the Texas
Department of Human Services from providing additional child support
assistance to recipients of financial assistance who become pregnant while
receiving assistance.  It does not prohibit the state from providing a
child with medical assistance, child care, and other support services. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter A, Chapter 31, Human Resources Code, by
adding Section 31.0038, as follows: 

Sec. 31.0038.  FINANCIAL ASSISTANCE FOR ADDITIONAL DEPENDENT CHILDREN. (a)
Prohibits the Texas Department of Human Services (DHS) from providing child
support assistance for a child who was born to a recipient of financial
assistance at least 10 months after the recipient began receiving the
assistance. 

(b) Provides that Subsection (a) does not apply to a child who is born to a
recipient who has not received assistance for 12 consecutive months prior
to the date of reapplication. 

(c) Requires DHS, when computing the amount of financial assistance for the
support of the family, to deduct the earned income disregards allowable
under federal law and increase the amount of the earned income disregard
for an employed recipient in an amount that equals 50 percent of the amount
granted under Section 31.003 (Amount of Financial Assistance), that is
adjusted for family size, if an adult recipient of financial assistance
becomes the parent of another child while the recipient is receiving the
assistance. 

(d) Requires the state, notwithstanding Subsection (a), to provide to a
child medical assistance, child care, and support services that are
provided under this chapter to a dependent child. 

SECTION 2.  Requires DHS to request a waiver from a federal agency and
authorizes DHS to delay implementing Section 31.0038 until the waiver or
authorization is granted, if DHS determines that a waiver or authorization
is necessary for implementation of that provision.  

SECTION 3.  Effective date: September 1, 1999, 
Makes this Act applicable to a child born on or after July 1, 2000.

SECTION 4.  Emergency clause.