83R3661 JSL-D
By: Murphy H.B. No. 965
A BILL TO BE ENTITLED
AN ACT
relating to benefits provided to a household under the financial
assistance and supplemental nutrition assistance programs
following the removal of a child from the household.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 31, Human Resources Code,
is amended by adding Section 31.019 to read as follows:
Sec. 31.019. ADJUSTMENT OF BENEFITS ON CHILD'S REMOVAL FROM
HOUSEHOLD. The executive commissioner of the Health and Human
Services Commission shall adopt rules to ensure that financial
assistance benefits provided to a household are appropriately
ceased or reduced when a child is removed from the household by the
Department of Family and Protective Services or in accordance with
a court order. In adopting rules under this section, the executive
commissioner shall require that:
(1) not later than the 10th day after the date a court
order is issued requiring the removal of a child from a household
receiving financial assistance benefits, the Department of Family
and Protective Services notify the department of the removal;
(2) the department cease or reduce, as appropriate,
the financial assistance benefits provided for the child not later
than the 14th day after the date the department receives notice
under Subdivision (1); and
(3) an applicant for or recipient of financial
assistance whose household benefits were ceased or reduced in
accordance with rules adopted under this section may not receive
benefits on behalf of the child under the program unless the
applicant or recipient provides the department with a copy of the
court order by which the applicant or recipient regained possession
of the child.
SECTION 2. Subchapter A, Chapter 33, Human Resources Code,
is amended by adding Section 33.037 to read as follows:
Sec. 33.037. ADJUSTMENT OF BENEFITS ON CHILD'S REMOVAL FROM
HOUSEHOLD. The executive commissioner shall adopt rules to ensure
that supplemental nutrition assistance benefits provided to a
household are appropriately ceased or reduced when a child is
removed from the household by the Department of Family and
Protective Services or in accordance with a court order. In
adopting rules under this section, the executive commissioner shall
require that:
(1) not later than the 10th day after the date a court
order is issued requiring the removal of a child from a household
receiving supplemental nutrition assistance benefits, the
Department of Family and Protective Services notify the department
of the removal;
(2) the department cease or reduce, as appropriate,
the supplemental nutrition assistance benefits provided for the
child not later than the 14th day after the date the department
receives notice under Subdivision (1); and
(3) an applicant for or recipient of supplemental
nutrition assistance whose household benefits were ceased or
reduced in accordance with rules adopted under this section may not
receive benefits on behalf of the child under the program unless the
applicant or recipient provides the department with a copy of the
court order by which the applicant or recipient regained possession
of the child.
SECTION 3. Not later than January 1, 2014, the executive
commissioner of the Health and Human Services Commission shall
adopt the rules required by Sections 31.019 and 33.037, Human
Resources Code, as added by this Act.
SECTION 4. 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 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.