Chapter 8: Health and Human Services
Use the Opportunities Provided by Federal Welfare Reform to End Dependence
on Government Benefits
Summary
Texas should take full advantage of the flexibility that Congress has granted
to the states in the new welfare reform law to provide employment-related
services to all welfare recipients before they exhaust their five-year lifetime
limit for federal assistance. Texas should restructure its welfare program to
provide additional alternatives to the monthly cash grants eligible families
receive, and to customize assistance and services according to individual needs.
Texas should use existing resources to develop innovative strategies to end
dependence on government benefits. To accomplish this task, the 2001 Legislature
should take immediate action to resolve pressing issues and make necessary
changes to the current program. The Legislature also should establish an interim
interagency task force to recommend further changes to the 2003 Legislature.
Background
Temporary Assistance to Needy Families (TANF) is the federal welfare reform
program that replaced the nation’s traditional welfare program in
1996.[1] Texas had its own welfare reform program
already under way and received a waiver under federal law that will continue the
Texas welfare program until March 2002. When the waiver expires, Texas must
adopt the more stringent requirements of federal law, and Texas welfare
recipients who have been on the rolls since October 1999 will have only two
years and six months left on their federal time limit clock.
The TANF law allows states broad flexibility to spend their welfare funds on
any of four purposes:
- Provide assistance to needy families so that children may be cared for in
their own homes or the homes of relatives,
- End the dependence of needy parents on government benefits by promoting job
preparation, work, and marriage,
- Prevent and reduce the incidence of out-of-wedlock pregnancies and establish
annual numerical goals for preventing and reducing the incidence of these
pregnancies, and
- Encourage the formation and maintenance of two-parent
families.
The waiver expiration gives the state an opportunity to develop a new program
that would build on state reforms initiated before the federal law was enacted.
The new program will need to resolve fundamental equity, effectiveness, and
accountability problems as well as adverse unintended effects created under
existing state policies. Texas needs to use the flexibility in the law to
explore options to end the cycle of dependency on welfare, because research
shows children on welfare are more likely to become dependent on welfare as
adults than other children who are not on welfare.
Cycles of Welfare Dependency
Research indicates that daughters from welfare families are much more likely
to participate in the welfare system themselves at a later date, and are more
likely to have births in general and premarital births in
particular.[2] The National Center for Policy
Analysis found that while about half of people who are poor in any month remain
poor for as long as two years, more than half of welfare recipients will remain
in poverty for 10 or more years.[3] A 1998
University of Wisconsin-Madison study shows a clear intergenerational link to
welfare that goes beyond the effects of intergenerational poverty
alone.[4]
Such findings strongly indicate the need to find alternatives to welfare that
increase income, opportunities, and independence for families. The research also
indicates that a blanket policy of exemptions from work requirements that
results in long stays on welfare may increase the likelihood that the children
involved will become dependent on welfare as adults. The state can attempt to
counter the negative effects of welfare dependency by assisting parents in
avoiding welfare, increasing their earned and unearned income, and reducing
barriers to their employment. Such efforts may not guarantee that the children
of welfare recipients will not go on welfare as adults—since experts still
debate the causes of intergenerational welfare dependency—but these
options still offer the best hope of breaking the cycle.
The research may have the same implications for the state’s
“payee” families, which are families whose parents or other
relatives are not eligible for assistance or have exhausted their state time
limits for receiving TANF and receive funds only on behalf of the children.
Because the parents in these families do not receive assistance for themselves,
the state does not subject them to work requirements or state time limits, and
they can continue to receive welfare for their children until the children are
grown, as long as they meet other eligibility requirements. The federal,
five-year lifetime limit applies to the whole family but only for months when
the adult in the family receives federal assistance. Because the adults in payee
cases do not receive financial assistance for themselves, but only for the
children, the five-year lifetime limit does not apply. Finding alternatives to
welfare for these families may be critical to the future financial independence
of the children in these families.
Texas’ current TANF program has underlying problems that prevent the
state from ending welfare dependency. These problems involve caseload levels,
federal and state time limits, work participation rates, exemptions from and
sanctions for not complying with work requirements, and the uneven geographical
distribution of “Choices,” the state’s program that assists
TANF adults in looking for work. A new state plan could focus on ending
dependence on government benefits by promoting job preparation, work, and
two-parent homes.
Caseload Decline Has Ended
Although the number of Texas’ TANF families and recipients declined at
about the national average since Congress enacted federal welfare reform, many
states made more progress. The number of TANF families on welfare in Texas
declined 54 percent from 1993 through 1999, slightly higher than the national
average of 52 percent.[5]
The Texas caseload, however, has stopped shrinking. In August 2000, the total
caseload increased higher than in any month since April 1990, and the caseload
for two-parent families also rose from September 1999 to August 2000. The state
projects that its TANF caseload will remain about the same for the next two
years and then decline only marginally.[6]
Texas has made several policy changes to its original welfare reform plan
that could be affecting the caseload. The only change likely to add cases was a
small increase in the monthly cash grant in September 1999, which made slightly
more families eligible for TANF.
A change in the eligibility process requiring applicants to attend a
workforce orientation as a condition of receiving assistance could have reduced
caseloads, as could the state’s use of a “data broker” to
verify eligibility for programs by verifying the income and assets of TANF
applicants. New programs introduced in the last few years to follow up with
recipients who become employed also could reduce the numbers of individuals
returning to TANF.
Two other recent policies could reduce caseloads further. First, in September
1999, Texas began disregarding the adult’s income (used to calculate
eligibility) for the first four months after a parent becomes employed. This
earned income deduction allows adults to keep additional money for the first
four months after getting a job to help cover employment-related expenses.
Although this policy reduces the decline in the caseload that would otherwise
occur for the four months that the parent receives the extension, to the extent
that this incentive to encourage parents to accept employment works, it would
contribute to a net decline.
The second policy is the phase-out of the age-of-child exemption from work
requirements, which began in January 2000. By March 2002, only parents with
children under the age of one at the time they first begin receiving assistance
will be exempt from work requirements. This phase-out may have more effect on
caseload levels in the last year of the phase-out since the numbers of parents
with an age-of-child exemption are significantly larger the younger the child.
On the other hand, because the exemption ties to the age of the child at the
time the parent first began receiving assistance, the size of the exempt portion
of these groups has been diminishing with time. Without the phase-out, caseloads
would likely be higher than current numbers indicate, but without additional
policy changes, it is unlikely that caseloads will decline further.
Work Program Affected
Due to the large number of people whom the state exempts from work
requirements, sanctions for failing to comply with various rules, or excuses for
good cause, only about 12 percent to 13 percent of the state’s 83,000 TANF
adults actively participate in Choices, the state’s TANF work program, in
any month.[7]
Under current law and with recent caseload trends, projections suggest that
until parents begin to exhaust federal lifetime limits without recourse,
caseloads will decline only marginally in the future. If the state chooses to
fund cases that exhaust their federal five-year lifetime limit with state
resources, then caseloads will likely remain the same. At this point, only
additional policy changes can ensure that caseloads continue to decline in
future years due to increased employment instead of the expiration of time
limits.
In October 1999, the federal five-year lifetime limit for TANF assistance
began ticking for all Texas participants, including those who are not in the
Choices work program. By the time that new legislation can take effect to assist
these people in September 2001, all Texas TANF adults who have been on welfare
since October 1999 will have lost nearly two years of their federal five-year
lifetime limit. Once these families exhaust their federal time limit,
they can no longer receive federal TANF assistance—even for their
children.
In Texas, however, adults who have exhausted their state time limits, whether
under sanction or not, can continue to receive benefits for their children until
they are grown, because state time limits do not apply to the children. Once
state time limits expire, these cases become “payee” cases and
continue to receive benefits for the “children’s portion” of
the grant. Since the adult does not receive federal financial assistance, the
federal time limit does not apply, and the adult can continue to receive
benefits for the children until they are grown. Because parents in payee cases
do not receive assistance for the “adult portion” of the grant, they
also are not subject to state or federal work requirements. As more cases
continue to exhaust their state time limits, more of these families will become
payee cases, thus reducing the Choices caseload, but not the dependency on
welfare funds.
Additionally, under federal law, Texas cannot provide TANF federal assistance
to legal immigrants until they have been in the United States for five years.
Consequently, these families—like families headed by an illegal
immigrant—can become payee cases when they have children who are United
States citizens. These cases also have no work requirements or time limits
because the adult technically does not receive state or federal financial
assistance.
Work Exemptions Undermine Texas “Work First” Policy
Texas exempts or excuses nearly one-half of welfare adults from work
requirements, which hurts recipients facing the federal lifetime limit,
undermines the state’s “work first” philosophy, and affects
the equity, effectiveness and accountability of the state’s TANF
program.[8] Many people exempt from work
requirements have a high school diploma or its equivalent or 18 months of recent
work experience and could participate in work programs.
[9] All of these adults are using up their
federal five-year lifetime limit even though they are exempt from state time
limits until they enter Choices.
These up-front exemptions prevent the market from determining job readiness
in accordance with the state’s work first philosophy. Some employers may
be able to accommodate special circumstances or barriers that exempt individuals
have, but as long as they are exempt, no one will ever know.
In addition, the state exempts nearly 50 parents from work requirements each
month because they are members of Volunteers in Service to America
(VISTA).[10] These persons opted to join VISTA
and receive a “living allowance” of $700 per month, plus child-care
services and health insurance, instead of entering paid
employment.[11] By exempting the VISTA
“living allowance” from the definition of income in determining TANF
eligibility, the state treats working parents unfairly, since most of their
income is counted. In some cases, the VISTA living allowance may be more than
the earned income of another family found ineligible due to income. VISTA
volunteers are financially eligible for TANF in Texas only under a Texas
pre-welfare reform policy.[12]
People exempt from work requirements or otherwise not required to participate
can volunteer for Choices, but only about 8 percent of exempt adults do
so.[13] The federal five-year lifetime limit
ticks for all of them, however, and the state’s volunteer policy means
that these people do not receive services that they need to become independent.
The policy that exempts nearly half of the state’s welfare population from
work activities also exempts the state from providing services to them.
Besides VISTA volunteers, a few exempt parents already participate in a work
activity. The state exempts parents who are 16 to 18 and attending school or
individuals employed for 30 or more hours per week. The state also exempts
parents if they are:
- Three to nine months pregnant
- The caretaker for a person with illness in the
household
- Incapacitated
- Temporarily ill
- Too remote to commute to a job
- Age 60 or over
- Age 15 or under
- A parent with an age-of-child exemption
- Caring for a disabled child
Although people exempt from work requirements have certain characteristics
that indicate a barrier to employment, some can work. Every day, people work
outside the home while pregnant, caring for young children, being over age 60,
or caring for a person with disabilities. Homebound individuals find ways to
make a living through self-employment or telecommuting. Parents of a child with
disabilities may be able to work at home or while the child is at school. Still
others may not be able to work today, but could be pursuing an education or
training, possibly through distance learning, that could lead to employment
later.
Federal Rules, Equity, and Other Issues
When the state’s waiver expires, Texas will have to enforce the federal
requirement that TANF parents meet work requirements within 24 months of first
receiving TANF or lose federal assistance. For exempt parents who do not have to
meet the state’s work requirements, the state would have to discontinue
their assistance or pay the full share from state maintenance-of-effort (MOE)
funds. The state will have to appropriate additional General Revenue if it
exhausts all MOE funds. MOE funds account for about one-third of TANF federal
and state funds combined.
The state’s exemption policies also raise equity issues because many of
these people could meet work requirements, whereas those who do not have an
exemption—but may have other barriers—must participate or suffer
sanctioning. People with exemptions receive Choices services only if they
volunteer, which makes them subject to state time limits.
The exemption process undermines the state’s work first policy, which
is the cornerstone of its welfare reform efforts. Texas Department of Human
Services (DHS) workers decide up front who receives an exemption from work
requirements, thereby preventing Choices case managers in local workforce
centers from assisting a parent to develop an employment plan—unless the
parent volunteers for Choices. The state also exempts some people from the
initial Work First orientation at the local workforce center that other
applicants must attend before receiving TANF. Consequently, these people miss an
opportunity to consider other options identified in the orientation.
Another problem is the uneven geographical distribution of Choices services
across the state, which may leave some rural recipients unserved. Some people
never receive notice of an opening in the Choices program in their area because
they live in a county that does not provide a full array of Choices services and
case management. More than 150 counties with about 17 percent of the
state’s TANF adults do not have workforce centers with full service
Choices programs, and the commute to one in a full-service county could be
difficult for some people.[14] This situation
raises equity issues, because parents living in counties with limited services
never have to seek work or training or worry about a sanction even though they
might have mandatory work requirements if they lived in a full-service
county.
On the other hand, they may not have easy access to services; even so, when
the state’s TANF waiver expires, exempt parents in counties with minimum
Choices services will become part of the calculation to determine the rate of
TANF participation in Choices. Because most of them do not participate in work
programs, this federal measure of effectiveness will decline.
The federal performance measure for the state’s TANF program, the work
activity “participation rate,” compares the number of families
meeting work requirements with the total number of families receiving
assistance. Once Texas’ federal waiver expires, the state must include
most adults in the calculation who are currently exempted or excused from
participating.[15] Although the state will
likely meet the required standard for all families—which includes both
single and two-parent families—the rate will decline sharply, reducing the
state’s federal measure of effectiveness relative to other states. The
standard for two-parent families will be far more difficult to meet. As long as
the state maintains nearly 50 percent of its caseload in exempt status or in a
situation where they do not have to comply with work requirements, the rate will
suffer.
Sanction Policies Have Problems
The state’s sanction policies for not complying with work requirements
have inherent problems involving equity, effectiveness, and accountability. They
also undermine work efforts and tend to be controversial. The policies have five
main problems:
• They undermine the TANF Responsibility Agreement that applicants sign
agreeing to work as a condition of receiving welfare.
• They have minimal effect in accomplishing their goal of getting
people to participate in work.
• They cap total sanctions and penalties so that many adults never feel
the effects of the sanction if they already have sanctions in other areas.
• They allow adults who exhaust their state time limits while under
sanction to receive benefits for their children until they are grown, yet do not
have any work requirements after their state time limits expire.
• They are inconsistent with other state policies concerning
noncompliance with TANF eligibility requirements.
Texas sanction policies enacted to enforce the TANF Responsibility Agreement
actually undermine the agreement by sending the wrong message. More than 100
people refuse to sign the Responsibility Agreement each year and so do not
receive any benefits for their families.[16] On
the other hand, parents who sign the agreement but do not comply can keep most
of their assistance. Thus, the state penalizes honest individuals who refuse to
sign the agreement and rewards those who sign under false pretenses by
continuing benefits for their children until they are grown as long as the
parent continues to meet other eligibility requirements.
Secondly, Texas, in effect, does not sanction people for noncompliance with
work requirements who already have incurred certain sanctions for other
infractions of the agreement. Texas’ sanction policies remove the adult
portion of the TANF grant for parental noncompliance with work requirements;
this amounts to $78 per month for one adult and $125 per month for two adults.
The parent continues to receive financial benefits for the children’s
portion of the grant.
The state also reduces the grant by $78 for parents who do not comply with
child support enforcement and by $25 per month each—capped at $75 per
month—for a number of other infractions, including noncompliance involving
their children’s school attendance, immunizations, and Texas Health Steps,
which ensures regular medical and dental checkups for their children. The
maximum amount the state may deduct from the grant, however, is $78 for a
single-parent family and $125 for a two-parent
family.[17] Consequently, parents may not pay
any real penalty for not complying with work requirements if already sanctioned
for noncompliance with child support enforcement or several of the smaller
penalties. This policy substantially reduces both the effectiveness and the
equity of the sanction for many families.
Sanction policies also reward noncompliance. Parents under sanction who
exhaust their state time limits can continue to receive a monthly grant for
their children until they are grown, just as parents do who exhaust their time
limits while cooperating with work requirements. This policy sends the message
that cooperating with work requirements is largely unnecessary. Since the
federal five-year lifetime limit only applies when the adult receives federal
financial assistance, removing the adult portion of the grant for noncompliance
with work requirements means that the federal time limits may not apply to
adults under sanction in Texas, yet the federal clock definitely ticks for a
family with an adult who cooperates.
Sanction policies weaken the work program. A substantial number of TANF
parents choose not to comply with work requirements and remain under sanction
for months. The state sanctions more than 11,000 parents who have mandatory work
requirements each month— nearly one-half for more than three
months.[18] Because people under sanction more
than three months in the previous twelve months factor into the state’s
federal work activity participation rates, this situation reduces the measured
effectiveness of the Texas TANF program. Most importantly, giving assistance to
people under sanction takes resources from others whose federal clock is
definitely ticking and who would cooperate if services were available to
them.
The state’s sanction policies are inconsistent and raise equity issues.
DHS workers give a “full family” denial to any family whose parent
misses an appointment.[19] If a parent misses
an appointment with a Choices case manager, however, the case manager can only
refer the parent to DHS for a $78 per month sanction. This double standard sends
the message that it is okay to ignore the workforce agency but not the agency
that dispenses the monthly check. Additionally, DHS workers impose a $25
sanction fee for TANF adults who are not in the Choices program and voluntarily
quit their job or refuse income while Choices case managers can only process a
$78 sanction if a parent refuses a job or quits without good cause.
A progressive or “full family” sanction has been unpopular with
some policy makers and advocates because they see it as penalizing the
children’s portion of the grant in addition to the adult portion. Others
argue that the state entered into the TANF Responsibility Agreement with the
parent as an eligibility requirement for the entire family.
Wyoming has a better approach. Instead of agreeing to a “promise of
performance” with subsequent sanctions for noncompliance, Wyoming has a
policy of “pay-after-performance,” which requires TANF parents to
cooperate with work activities and the other provisions of a responsibility
agreement to receive their monthly grant. Parents must complete work or other
approved activities according to their work plan from the 15th of the
month through the 14th of the following month to receive their grant
for the next month. The state places families whose parents fail to cooperate
without good cause on a $1 grant, which keeps them in the system, but means that
they do not receive a grant the following month. Once parents comply for a full
month, they can receive a full grant again. If they do not cooperate after two
months, the state closes the case, the parent must reapply to receive assistance
again, and then must participate in work activities for one month before
receiving a grant.
Other TANF applicants who Wyoming officials certify can receive some
emergency assistance if needed before their first
“pay-after-performance” grant. The use of the $1 grant instead of
immediately closing the case reduces administrative costs that would result from
individuals reapplying after missing only one month’s assistance. Wyoming
has not experienced any increase in protective services caseloads since
implementing the policy in 1997.[20]
New TANF Program Needed
These pressing issues require an entirely new approach. Tweaking and
tinkering with the current program in Texas to avoid problems with federal
participation rates or time limits will not resolve the fundamental equity,
effectiveness and accountability issues inherent in the state’s current
TANF program. Under the flexible federal law, Texas can design a new program.
The recommended design would enable all parents seeking help to conserve their
lifetime limit for federal assistance, enter employment more quickly and within
the 24-month federal time limit, and pursue activities leading to higher paying
jobs and a more stable financial future for their children. It would also
support the personal dignity and increase the self-responsibility of people
seeking assistance. Most importantly, it would reduce dependency on welfare, so
that children in families receiving help have employed parents, enjoy higher
family incomes, and hopefully a better chance at a financially independent
future.
As long as states spend funds to further one of the four purposes of the
federal law, they have broad flexibility in using that funding, and federal
guidance encourages them to do so. Wisconsin, for example, offers a TANF-funded,
short-term, no-interest loan program that the state uses to assist eligible
parents with short-term needs to gain or maintain employment. The loan may
include assistance with needs such as car repairs or purchase, back rent to
prevent eviction, employment-related clothing or tools, or relocation
assistance, which a monthly grant cannot
address.[21] Such a program can help keep
people from ever becoming welfare recipients.
Federal regulations allow states to use TANF funds for help in meeting an
eligible family’s employment needs—including short-term,
non-recurring needs, such as rent, child care, or other employment
services—to assist the parent in weathering a short-term period of
unemployment, without putting the family on welfare or in the federal
“assistance” participation rate calculation. The definition of
“assistance” excludes non-recurrent, short-term benefits, as long as
the state provides the benefits to meet a specific episode of need, does not
intend the benefits to meet recurrent or ongoing needs, and does not allow
benefits to exceed four months.
The federal definition of “assistance” also does not include
subsidized employment with TANF funds or child-care services for employed
parents.[22] Families funded through these
mechanisms do not count in the TANF caseload or the state’s participation
rate calculation. Moreover, these families qualify for an earned income tax
credit, which does not count against their TANF or food stamp benefits.
States can use TANF funds to pay an individual’s employer health
insurance premiums, help with legal fees during SSI eligibility determination,
reimburse people to relocate closer to employment, pay for computers or other
equipment for homebound parents engaged in distance learning, other
employment-related needs, or for incentives to obtain employment or finish
school.[23]
A new TANF program would require coordinated assistance from the agencies
involved and input from all other affected stakeholders. Until such a program is
in effect, the state needs to take immediate measures to address some of the
pressing issues identified in this and other reports. The Senate Human Services
Committee, working with an interagency committee, has developed recommendations
to address certain issues and state compliance with federal law in the
post-waiver environment. Additionally, the Texas Workforce Commission is
requesting increased funding for the next biennium to expand Choices and
child-care services to serve additional TANF adults, especially people affected
by the phase-out of the age-of-child exemption. The Texas Council on Workforce
and Economic Competitiveness also will present its welfare-to-work report with
recommendations to the Legislature this session.
By addressing the issues and recommendations in these reports, the
Legislature can lay the groundwork for a new program that will take welfare
reform to the next level.
Recommendations
- State law should be amended to establish a
“pay-after-performance” policy for the Temporary Assistance to Needy
Families (TANF) program.
The state denies about 16 percent of applications and about 26 percent of
TANF cases each year for “failure-to-cooperate” reasons. This
recommendation would make Texas’ work cooperation policy consistent with
these other “failure to cooperate” benefit denial policies. This
policy would also ensure that welfare funds go to recipients who sign the TANF
Responsibility Agreement in good faith. While the policy allows good cause in
the failure to maintain performance, it also ensures that adults make an effort
to become independent of government assistance. Finally, this policy would free
funding for additional child-care services or other needs for parents who are
cooperating and seeking work and whose federal time limit clock is ticking.
- State Law should be amended to remove TANF
benefits for cases involving an adult who refuses a job of at least minimum wage
without good cause, voluntarily quits after participating in Choices and gaining
employment, or loses a job-without good cause due to nonattendance or
insubordination.
Texas’ current policy allows only a $78 sanction for adults in Choices
who refuse or voluntarily quit a job. TANF adults not in Choices who voluntarily
quit a job are subject to a $25 sanction. Current policy denies TANF assistance
to applicants where the adult has refused income from another source, such as
SSI, to gain assistance. This recommendation would make Texas’ policy
consistent concerning the refusal of potential sources of income to gain or
sustain welfare benefits and other “failure to cooperate” benefits
denial reasons.
C. State law should be amended to remove all
exemptions from work requirements and workforce orientation and allow Choices
case managers to screen participants for good cause, effective March 2002.
Income of Volunteers in Service to America (VISTA) volunteers due to their
volunteer status should count the same as earned income in TANF eligibility
determination.
By March 2002, Texas will have completely phased out the age-of-child work
exemption except for parents with a child under one year of age who was under
age one at the time the parent first began receiving benefits. Beginning in
March 2002, the state should remove all remaining work exemptions to allow
screening by Choices case managers for any valid reasons for not complying with
work requirements.
Federal law precludes the state from providing TANF assistance to people who
have not engaged in work activities within 24 months of receiving assistance.
After the waiver expires, the state will have to deny benefits to these families
or will have to fund them with state funds only. The TANF Final Rule allows
flexibility for states to define their work activities for the 24-month
requirement. The state could define work activities for this requirement to
include activities such as caring for a disabled person in the home, attending
counseling sessions, or attending rehabilitation activities.
With all cases under mandatory work requirements, Choices case managers could
screen parents for good cause and work with them to remove barriers to
employment. To ensure the protection of individuals, the Legislature could
establish a “good cause” policy in legislation or allow the Texas
Workforce Commission to continue to establish it by agency rule, and allow case
managers to determine good cause for unusual circumstances. The Department of
Human Services could change the work status of recipients from exempt to
mandatory during regular eligibility reviews over a six-month period to avoid
additional administrative costs.
Finally, exempting VISTA volunteers’ $700 per month stipend from being
counted as income during TANF eligibility determination is inconsistent with the
state’s other eligibility policy involving earned income. The state should
count the VISTA stipend as income in determining eligibility.
D. Texas should establish an interagency working
group to recommend to the Legislature a new program to fulfill one of the
federal TANF law’s purposes—to end dependence on government
benefits.
The interagency working group should consist of representatives from the key
stakeholders involved in this issue, including front-line staff. The following
organizations should appoint a representative to the working group: the House of
Representatives, Senate, Governor’s office, Legislative Budget Board,
Comptroller of Public Accounts, Health and Human Services Commission, Texas
Council on Workforce and Economic Competitiveness, Department of Human Services,
Texas Workforce Commission, Department of Protective and Regulatory Services,
Office of the Attorney General-Child Support Enforcement Division, and Local
Workforce Development Boards.
The group would seek input from other appropriate state or local agencies,
advocacy organizations, welfare recipients, and other interested parties. The
representative from the Texas Council on Workforce and Economic Competitiveness
should report to the Council and share feedback with the workgroup since the
Council includes representation from entities not directly represented on the
working group. These entities include business and labor, community-based
organizations, local education agencies, the Texas Education Agency, the Higher
Education Coordinating Board, and the Department of Economic Development. The
working group should coordinate closely with the Texas Rehabilitation Commission
and the Commission for the Blind and Visually Impaired on workforce issues. The
Comptroller’s office should convene the working group.
The agencies would provide research support consistent with their current
responsibilities. The Comptroller’s office would be responsible for
publishing the report. Specifically, the workgroup would review national studies
and federal guidance concerning innovative ways to use TANF funds; review
innovative and transformative programs and policies in other states; consider
the impact of changes on families, caseloads, participation rates, time limits,
automation, and funding; and identify the methodology for phasing in any changes
without disrupting current program operations. The workgroup should complete
their study by March 1, 2002 to enable legislative committees working in the
interim to consider the report in preparation for the 2003 Legislature.
Fiscal Impact
This estimate applies solely to the recommendation for
“pay-after-performance,” includes only the work requirement in the
TANF Responsibility Agreement, and assumes current law. The fiscal impact
analysis does not include savings related to other requirements in the TANF
Responsibility Agreement or savings related to
“pay-after-performance” that accrue after implementation of the
recommendation to remove remaining exemptions. The fiscal impact assumes a level
of funding for Choices that meets federal requirements, as is currently included
in the Texas Workforce Commission baseline appropriation request.
The estimate assumes that 20 percent of individuals under sanction would
comply with “pay-after-performance” work requirements and would
generate additional assistance costs. The analysis assumes that eligibility
determination savings from reduced eligibility reviews for the remaining 80
percent would offset most of the increased eligibility determination costs from
the 10 percent of individuals who reapply.
The estimate assumes that costs associated with implementing the remaining
recommendations would be negligible since the state could implement these
policies within the current system. Data are unavailable to determine savings
from the additional recommendations. Since caseload projections for years beyond
fiscal 2003 are unavailable, the estimate assumes that savings in fiscal 2003
would continue at the same level for future years.
Savings and costs in the estimate may apply to TANF federal funds, state
maintenance-of-effort (MOE) dollars required to receive TANF funds, or a
combination of both. This estimate assumes that the savings would accrue to the
General Revenue Fund (MOE Only), which the state must spend on allowable TANF
MOE expenditures such as cash assistance, work activities, child care,
administration, systems, transitional benefits, or separate state programs.
Fiscal
Year
|
Savings (Costs) to the General Revenue Fund (MOE
Only)*
|
Savings to
Federal Funds
|
Cost to the General Revenue Fund (MOE Only)*
|
Cost to Federal Funds
|
Net Savings to the General Revenue Fund (MOE Only)*
|
Net Savings to Federal Funds
|
2002
|
$21,549,000
|
$0
|
($4,051,000)
|
$0
|
$17,498,000
|
$0
|
2003
|
$22,294,000
|
$0
|
($4,050,000)
|
$0
|
$18,244,000
|
$0
|
2004
|
$22,294,000
|
$0
|
($4,050,000)
|
$0
|
$18,244,000
|
$0
|
2005
|
$22,294,000
|
$0
|
($4,050,000)
|
$0
|
$18,244,000
|
$0
|
2006
|
$22,294,000
|
$0
|
($4,050,000)
|
$0
|
$18,244,000
|
$0
|
*The state must spend net savings to the
General Revenue Fund on allowable TANF maintenance-of-effort (MOE) expenditures
only.
[1] Temporary Assistance for
Needy Families (TANF) replaced the Aid to Families with Dependent Children
(AFDC) cash assistance program and is a part of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996.
(http://www.ssa.gov/OP_Home/ssact/title04/0400.htm).
(Internet document.) Title IV of the Social Security Act, which pertains to
TANF.
[2] US House Ways and Means
Committee, “Intergenerational Transmission of AFDC Receipt,” 1996
Green Book, Section 8. Aid to Families with Dependent Children and
Related Programs (Title IV-A) (Washington, DC, 1996)
(http://frwebgate.access.gpo.gov/cgi-bin/useftp.cgi?IPaddress=162.140.64.21&filename=wm014_08.104&directory=/disk2/wais/data/104_green_book).
(Internet document.)
[3] National Center for Policy
Analysis, Idea House, “Welfare: Long-Term vs. Short-Term Poverty,”
1997
(http://www.public-policy.org/~ncpa/pi/welfare/wel5.htm).
(Internet document.)
[4] Center for Demography and
Ecology, University of Wisconsin at Madison, “The Intergenerational
Relationship of Welfare Participation,” by Molly A. Martin. (Madison,
Wisconsin, 1998)
(http://www.ssc.wisc.edu/cde/cdewp/98-09.pdf).
(Internet document.)
[5] US Department of Health
and Human Services, Administration for Children and Families, “Change in
TANF Caseloads,” August 22, 2000 and
(http://www.acf.dhhs.gov/news/stats/case-fam.htm).
(Internet document.)
[6] Texas Health and Human
Services Commission, The Caseload Forecasting Report For The Health &
Human Service Agencies (2nd Quarter SFY 2000), “TANF (AFDC) Grants:
Total” (Austin, Texas, 2000)
(http://www.hhsc.state.tx.us/cons_bud/caseload/QCFR016.HTM).
(Internet document.)
[7] Texas Department of Human
Services, Management Information Focus Report September 2000 (Austin,
Texas, October 2000), pp. 22-23. In September 2000, of the 83,015 adults (73,369
TANF Basic adults and 9,646 Two-Parent adults) eligible to participate in
Choices employment services, the state clock ticked for 22,002, of which 11,704
had a work sanction. The remaining 10,298 are about 12 percent of the
83,015.
[8] Texas Department of Human
Services, Management Information Focus Report September 2000 (Austin,
Texas, October 2000), pp. 22-23.
[9] Texas Council on Workforce
and Economic Competitiveness, “TANF Adults and Education
Characteristics,” Austin, Texas, 1998. (Excel file.)
[10] Texas Council on
Workforce and Economic Competitiveness, “All Exempt TANF Caretakers for
September 1, 2000,” Austin, Texas, November 2000. Data are from the Texas
Department of Human Services. (Excel file.)
[11] Corporation for
National Service, AmeriCorps, 1999-2000 Program Director’s Handbook
(Washington, DC, September 1999), p. 20.
(http://www.cns.gov/americorps/resources/99-00PDHB_no_app.pdf).
(Internet document.)
[12] 40 TAC §3.902 (b)
(4)
(http://info.sos.state.tx.us/pub/plsql/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=40&pt=1&ch=3&rl=902).
(Internet document.)
[13] Texas Council on
Workforce and Economic Competitiveness, “TANF Exempt Caretakers by Work
Status, September 1999,” Austin, Texas, April 2000. (Computer printout.)
Raw data are from the Texas Workforce Commission and the Texas Department of
Human Services.
[14] Texas Department of
Human Services, Management Information Focus Report September 2000
(Austin, Texas, October 2000), p. 22. (Of the 83,015 adults eligible to
participate in employment services, 69,074, or 83.2 percent, live in Choice
counties, and 13,941, or 16.8 percent, do not.)
[15] US Congress, Social
Security Act, as amended, §407 (a)
(http://www.ssa.gov/OP_Home/ssact/title04/0400.htm).
(Internet document.)
[16] Texas Department of
Human Services, Management Information Focus Report September 2000
(Austin, Texas, October 2000), p. 22.
[17] 40 TAC Rule
§3.1104, Failure To Comply with Title IV-A Employment Program
(http://info.sos.state.tx.us/pub/plsql/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=40&pt=1&ch=3&rl=1104).
(Internet document.)
[18] Texas Department of
Human Services, Management Information Focus Report July 2000, p. 22-23
and Texas Council on Workforce and Economic Competitiveness, “Average
Monthly Number of Cases by Length of Sanction for Refusing to Cooperate with
Work Requirements January 1998 - December 1998,” Austin, Texas, April
2000. (Excel file.) (Raw data are from the Texas Department of Human
Services.)
[19] 40 TAC §3.302 and
3.304
(http://info.sos.state.tx.us/pub/plsql/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=40&pt=1&ch=3&rl=302)
and
(http://info.sos.state.tx.us/pub/plsql/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=40&pt=1&ch=3&rl=304).
(Internet documents.)
[20] Telephone interview
with Ken Kaz, Wyoming Department of Family Services, Cheyenne, Wyoming, October
5, 2000.
[21] Wisconsin Department
of Family Services, “JALS Program,” and “Wisconsin TANF
Plan”
(http://www.dwd.state.wi.us/des/W2_JAL.htm)
and
(http://www.dwd.state.wi.us/desw2/Final_Pln.htm#FEDERAL TANF PROGRAMS).
(Internet documents.)
[22] 45 CFR 261.30
(http://www.access.gpo.gov/nara/cfr/waisidx_99/45cfr261_99.html).
(Internet document.)
[23] US Department of Health
and Human Services, Administration for Children and Families, Office of Family
Assistance, “Q & A Index: TANF Program Policy Questions,”
(Washington, DC, November 1999)
(http://www.acf.dhhs.gov/programs/ofa/polquest/usefunds.htm).
(Internet document.)
|