Texas 2011 - 82nd Regular

Texas House Bill HB3537 Compare Versions

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1	1	82R9352 EES-D
2	2	By: Taylor of Collin H.B. No. 3537
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to collecting information and requiring reimbursement
8	8	from certain recipients of certain public benefits.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter B, Chapter 531, Government Code, is
11	11	amended by adding Sections 531.024181 and 531.024182 to read as
12	12	follows:
13	13	Sec. 531.024181. COLLECTION OF IMMIGRATION FORMS FROM
14	14	RECIPIENTS OF CERTAIN BENEFITS. (a) If, at the time of application
15	15	for benefits, a person states that the person is a qualified alien,
16	16	as that term is defined by 8 U.S.C. Section 1641(b), the commission
17	17	shall make a reasonable effort to obtain copies of the immigration
18	18	forms the person submitted for admission into the United States if
19	19	the person is determined eligible for and begins receiving benefits
20	20	under any of the following benefits programs:
21	21	(1) the child health plan program under Chapter 62,
22	22	Health and Safety Code;
23	23	(2) the financial assistance program under Chapter 31,
24	24	Human Resources Code;
25	25	(3) the medical assistance program under Chapter 32,
26	26	Human Resources Code; or
27	27	(4) the nutritional assistance program under Chapter
28	28	33, Human Resources Code.
29	29	(b) The executive commissioner shall adopt rules necessary
30	30	to implement this section, including rules that specify the
31	31	immigration forms that the commission shall seek to obtain under
32	32	Subsection (a).
33	33	(c) Nothing in this section adds to or changes the
34	34	eligibility requirements for any of the benefits programs listed in
35	35	Subsection (a).
36	36	Sec. 531.024182. COLLECTION OF INFORMATION AND
37	37	REIMBURSEMENT REQUIRED FROM CERTAIN BENEFITS RECIPIENTS WHO ARE
38	38	SPONSORED ALIENS. (a) In this section, "sponsored alien" means a
39	39	person who has been lawfully admitted to the United States for
40	40	permanent residence under the Immigration and Nationality Act (8
41	41	U.S.C. Section 1101 et seq.) and who, as a condition of admission,
42	42	was sponsored by a person who executed an affidavit of support on
43	43	behalf of the person.
44	44	(b) If, at the time of application for benefits, a person
45	45	states that the person is a sponsored alien, the commission shall
46	46	make a reasonable effort to obtain copies of the forms related to
47	47	the sponsorship, including the affidavit of support executed by the
48	48	person's sponsor, if the person is determined eligible for and
49	49	begins receiving benefits under any of the following benefits
50	50	programs:
51	51	(1) the child health plan program under Chapter 62,
52	52	Health and Safety Code;
53	53	(2) the financial assistance program under Chapter 31,
54	54	Human Resources Code;
55	55	(3) the medical assistance program under Chapter 32,
56	56	Human Resources Code; or
57	57	(4) the nutritional assistance program under Chapter
58	58	33, Human Resources Code.
59	59	(c) After the commission verifies that a person who receives
60	60	benefits under a program listed in Subsection (b) is a sponsored
61	61	alien, the commission shall seek reimbursement from the person or
62	62	the person's sponsor for any benefits provided to the person under
63	63	those programs to the extent allowed by federal law.
64	64	(d) The executive commissioner shall adopt rules necessary
65	65	to implement this section, including rules that specify the forms
66	66	related to sponsorship that the commission shall seek to obtain
67	67	under Subsection (b) and the procedures by which the commission
68	68	will seek reimbursement under Subsection (c).
69	69	(e) Nothing in this section adds to or changes the
70	70	eligibility requirements for any of the benefits programs listed in
71	71	Subsection (b).
72	72	SECTION 2. If before implementing any provision of this Act
73	73	a state agency determines that a waiver or authorization from a
74	74	federal agency is necessary for implementation of that provision,
75	75	the agency affected by the provision shall request the waiver or
76	76	authorization and may delay implementing that provision until the
77	77	waiver or authorization is granted.
78	78	SECTION 3. This Act takes effect September 1, 2011.