82R1869 EES-D
By: Lewis H.B. No. 474
A BILL TO BE ENTITLED
AN ACT
relating to eligibility requirements 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 Section 531.02416 to read as follows:
Sec. 531.02416. ELIGIBILITY FOR CERTAIN PROGRAMS: FORM I-9
REQUIREMENT. (a) In this section, "Form I-9" means the employment
eligibility verification form designated or established by the
United States attorney general in accordance with 8 U.S.C. Section
1324a(b).
(b) An applicant for benefits must complete a Form I-9 and
provide documentation that establishes the applicant's identity
and eligibility to work in the United States as required by that
form to be eligible to receive 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; and
(4) the nutritional assistance program under Chapter
33, Human Resources Code.
(c) For purposes of completing a Form I-9 under this
section:
(1) an applicant for benefits is considered an
"employee";
(2) the commission or other state agency that
administers the benefits program is considered an "employer"; and
(3) receipt of benefits under a benefits program is
considered "employment."
(d) The executive commissioner shall adopt rules necessary
to implement this section, including rules that further define
terms used in Form I-9 and that provide instructions on how to
complete the form for purposes of this section.
SECTION 2. Section 531.02416, Government Code, as added by
this Act, applies to an initial determination of eligibility or
redetermination of eligibility for benefits under a program subject
to that section made on or after the effective date of this Act.
SECTION 3. 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 4. This Act takes effect September 1, 2011.