HBA-TBM H.B. 3210 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3210
By: Naishtat
Human Services
3/25/2001
Introduced



BACKGROUND AND PURPOSE 

Prior to federal welfare reform laws, legal immigrants were treated the
same as citizens when determining eligibility for public assistance
benefits.  Because of the passage of the federal Personal Responsibility
and Work Opportunity Reconciliation Act in 1996, certain immigrants who
have entered the United States after August 22, 1996, are ineligible for
federal welfare assistance programs for five years.  For immigrants in an
abusive relationship, not being eligible for financial assistance may force
a victim to stay in an abusive situation, putting them and the victim's
children at risk.  House Bill 3210 establishes a temporary cash assistance
program for certain immigrants who are victims of domestic abuse.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Department of Human Services
in SECTION 1 (Sections 34.001 and 34.005, Human Resources Code) of this
bill.   

ANALYSIS

House Bill 3210 amends the Human Resources Code to require the Texas
Department of Human Services (DHS) by rule to develop and implement a
self-sufficiency program under which the state provides temporary cash
assistance to certain lawfully present immigrants who are victims of
battery or extreme cruelty or specified relatives of such victims and are
ineligible for federal welfare assistance programs solely because  the
federal Personal Responsibility and Work Opportunity Reconciliation Act of
1996.  The bill authorizes temporary cash assistance to be funded only with
state money.  The bill sets forth provisions for the qualification of an
immigrant for temporary cash assistance, and requires DHS to make the
determination of whether an immigrant meets the qualification requirements
in a manner consistent with applicable federal guidelines.  The bill
requires DHS to develop a schedule that specifies the amount of temporary
cash assistance paid to an immigrant and sets forth factors on which the
schedule must be based. The bill prohibits assistance from exceeding the
maximum monthly amount available to a similar family through welfare and
food stamp programs and from exceeding a total of 36 cumulative months of
temporary cash assistance.  DHS is required to adopt all rules necessary
for implementation of these provisions.   

EFFECTIVE DATE

September 1, 2001.