HBA-JRA H.B. 1936 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1936
By: Christian
Human Services
3/29/1999
Introduced



BACKGROUND AND PURPOSE 

Under current law, Texas penalizes individuals who qualify for Temporary
Aid to Needy Families (TANF) benefits and have been convicted of an alcohol
or drug-related misdemeanor or felony by reducing their TANF benefits by
$25 a month for six months.  Under federal law, such individuals are
permanently disqualified for TANF benefits if the conviction occurred after
August 22, 1996. H.B. 1930 amends Texas law relating to financial
assistance to conform to federal law. 

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.  INELIGIBILITY RESULTING FROM DRUG-RELATED FELONY
CONVICTIONS.  (a)  Provides that a person is ineligible for financial
assistance if the person is convicted of a felony or an offense that
involves possession, use, or distribution of a controlled substance under
federal or state law for conduct occurring after August 22, 1996. 

(b)  Requires the Texas Department of Human Services to require an
applicant for financial assistance to indicate in writing whether the
applicant or any member of the applicant's household has been convicted of
an offense described by Subsection (a). 

(c)  Provides that this section does not affect the eligibility for
financial assistance of any other member of the household of a person
ineligible as a result of a conviction of an offense described by
Subsection (a) or the eligibility of a person convicted of an offense
described by Subsection (a) for a federal benefit specified in 21 U.S.C.
Section 862a(f) and its subsequent amendments. 

SECTION 2.  Requires a state agency to request a waiver or authorization
from a federal agency that the agency determines is necessary for
implementation and authorizes that agency to delay implementation until
such waiver or authorization is granted. 

SECTION 3.  Effective date: September 1, 1999.
Makes application of this Act prospective.

SECTION 4.  Emergency clause.