82R9352 EES-D
By: Taylor of Collin H.B. No. 3537
A BILL TO BE ENTITLED
AN ACT
relating to collecting information and requiring reimbursement
from certain recipients of certain public benefits.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 531, Government Code, is
amended by adding Sections 531.024181 and 531.024182 to read as
follows:
Sec. 531.024181. COLLECTION OF IMMIGRATION FORMS FROM
RECIPIENTS OF CERTAIN BENEFITS. (a) If, at the time of application
for benefits, a person states that the person is a qualified alien,
as that term is defined by 8 U.S.C. Section 1641(b), the commission
shall make a reasonable effort to obtain copies of the immigration
forms the person submitted for admission into the United States if
the person is determined eligible for and begins receiving benefits
under any of the following benefits programs:
(1) the child health plan program under Chapter 62,
Health and Safety Code;
(2) the financial assistance program under Chapter 31,
Human Resources Code;
(3) the medical assistance program under Chapter 32,
Human Resources Code; or
(4) the nutritional assistance program under Chapter
33, Human Resources Code.
(b) The executive commissioner shall adopt rules necessary
to implement this section, including rules that specify the
immigration forms that the commission shall seek to obtain under
Subsection (a).
(c) Nothing in this section adds to or changes the
eligibility requirements for any of the benefits programs listed in
Subsection (a).
Sec. 531.024182. COLLECTION OF INFORMATION AND
REIMBURSEMENT REQUIRED FROM CERTAIN BENEFITS RECIPIENTS WHO ARE
SPONSORED ALIENS. (a) In this section, "sponsored alien" means a
person who has been lawfully admitted to the United States for
permanent residence under the Immigration and Nationality Act (8
U.S.C. Section 1101 et seq.) and who, as a condition of admission,
was sponsored by a person who executed an affidavit of support on
behalf of the person.
(b) If, at the time of application for benefits, a person
states that the person is a sponsored alien, the commission shall
make a reasonable effort to obtain copies of the forms related to
the sponsorship, including the affidavit of support executed by the
person's sponsor, if the person is determined eligible for and
begins receiving benefits under any of the following benefits
programs:
(1) the child health plan program under Chapter 62,
Health and Safety Code;
(2) the financial assistance program under Chapter 31,
Human Resources Code;
(3) the medical assistance program under Chapter 32,
Human Resources Code; or
(4) the nutritional assistance program under Chapter
33, Human Resources Code.
(c) After the commission verifies that a person who receives
benefits under a program listed in Subsection (b) is a sponsored
alien, the commission shall seek reimbursement from the person or
the person's sponsor for any benefits provided to the person under
those programs to the extent allowed by federal law.
(d) The executive commissioner shall adopt rules necessary
to implement this section, including rules that specify the forms
related to sponsorship that the commission shall seek to obtain
under Subsection (b) and the procedures by which the commission
will seek reimbursement under Subsection (c).
(e) Nothing in this section adds to or changes the
eligibility requirements for any of the benefits programs listed in
Subsection (b).
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.