HBA-TBM C.S.H.B. 3210 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 3210 By: Naishtat Human Services 4/3/2001 Committee Report (Substituted) 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. C.S.H.B. 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, 34.005, and 34.006, Human Resources Code) of this bill. ANALYSIS C.S.H.B. 3210 amends the Human Resources Code to require the Texas Department of Human Services (DHS), subject to available funding, 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 12 cumulative months of temporary cash assistance. The bill requires an immigrant receiving temporary cash assistance to participate in work activities designed to assist the immigrant in achieving self-sufficiency and requires DHS to adopt rules applicable to this requirement that are substantially similar to the rules for financial assistance recipients who are victims of family violence. DHS is required to adopt all rules necessary for implementation of these provisions. Subject to available funding, DHS shall begin providing temporary cash assistance not later than January 1, 2002. EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 3210 differs from the original by subjecting the development and implementation of a temporary cash assistance program to available funding and requiring the Texas Department of Human Services (DHS) to begin providing assistance not later than January 1, 2002. The substitute increases the income eligibility from a gross family income that is below 130 percent of the federal poverty level to an income that is at or below 130 percent. The substitute requires an immigrant receiving temporary cash assistance to participate in work activities designed to assist the immigrant in achieving self-sufficiency and requires DHS to adopt rules applicable to this requirement. The substitute establishes the time limit on temporary cash assistance at a cumulative total of 12 months rather than 36 months in the original.