82R3972 EES-D
By: Kolkhorst H.B. No. 1257
A BILL TO BE ENTITLED
AN ACT
relating to the application and verification of eligibility for
certain public benefits programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 531, Government Code, is
amended by adding Sections 531.02417 and 531.02419 to read as
follows:
Sec. 531.02417. TEXAS INTEGRATED ELIGIBILITY REDESIGN
SYSTEM DESIGN REQUIREMENTS. The commission shall ensure that the
Texas Integrated Eligibility Redesign System (TIERS) is designed so
that:
(1) automated controls prohibit a person from
continuing to process an application for benefits under a public
benefits program until an applicant's residency, social security
number, citizenship status, or immigration status, as applicable,
is verified by a third party if required under the public benefits
program;
(2) if a public benefits program allows
self-declaration as an acceptable method of verifying an
applicant's residency, social security number, citizenship status,
or immigration status, a manual system override is necessary before
a person may continue to process an application for benefits;
(3) automated controls prohibit a person from
continuing to process an application for recertification of
eligibility for benefits under a public benefits program if the
applicant's social security number was not verified at the time of
the applicant's initial determination of eligibility for benefits;
and
(4) the income eligibility and verification system
(IEVS) required under Section 1137, Social Security Act (42 U.S.C.
Section 1320b-7), is fully integrated into the system.
Sec. 531.02419. CERTAIN APPLICATIONS FOR
ASSISTANCE. (a) In this section:
(1) "Federally funded public benefits programs" means
the following federally funded assistance programs administered by
the commission or a health and human services agency:
(A) the financial assistance program;
(B) the medical assistance program; and
(C) the supplemental nutritional assistance
program.
(2) "Undocumented resident" means a person who is not
eligible to receive benefits under a federally funded benefits
program because the person does not have or is unable to provide
information required under the program relating to the person's
citizenship status or immigration status.
(b) The commission shall ensure that any application form
used by the commission or other health and human services agency
that allows a person to simultaneously apply for benefits under
federally funded public benefits programs contains the following
statement in conspicuous bold print: "Undocumented residents are
not eligible for benefits."
(c) An application form described under Subsection (b) may
not contain:
(1) a statement that informs a person who does not
qualify for benefits because of the person's citizenship status or
immigration status that the person may apply for benefits on behalf
of other members of the person's household, including the person's
children; and
(2) any information related to voter registration.
(d) To the extent permitted by federal law, a person who
applies for benefits using the application form described under
Subsection (b) must complete the entire application before:
(1) the commission or other health and human services
agency may determine whether the person qualifies for benefits; and
(2) the person may receive benefits.
SECTION 2. If before implementing any provision of this Act
a state agency determines that a waiver or authorization from a
federal agency is necessary for implementation of that provision,
the agency affected by the provision shall request the waiver or
authorization and may delay implementing that provision until the
waiver or authorization is granted.
SECTION 3. This Act takes effect September 1, 2011.