Texas 2015 - 84th Regular

Texas House Bill HB306 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R78 KKR-D
2	2	By: White of Tyler H.B. No. 306
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the provision of certain public benefits and services
8	8	to persons not lawfully present in the United States and
9	9	reimbursement from the federal government for those benefits and
10	10	services.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Title 10, Government Code, is amended by adding
13	13	Subtitle H to read as follows:
14	14	SUBTITLE H. PROVISION OF PUBLIC BENEFITS AND SERVICES BY STATE AND
15	15	LOCAL GOVERNMENTS
16	16	CHAPTER 2351. PROVISION OF PUBLIC BENEFITS AND SERVICES TO PERSONS
17	17	NOT LAWFULLY PRESENT IN THE UNITED STATES
18	18	Sec. 2351.001. DEFINITION. In this chapter, "governmental
19	19	entity" means an agency of this state or of a political subdivision
20	20	of this state.
21	21	Sec. 2351.002. PROVISION OF CERTAIN BENEFITS AND SERVICES
22	22	PROHIBITED. A governmental entity may not provide education or
23	23	health benefits or services at no cost to a person who is not
24	24	lawfully present in the United States, unless required by federal
25	25	law. Benefits and services that may not be provided include:
26	26	(1) public education;
27	27	(2) health care assistance under Chapter 61, Health
28	28	and Safety Code; and
29	29	(3) medical assistance under Chapter 32, Human
30	30	Resources Code.
31	31	Sec. 2351.003. COST OF BENEFITS AND SERVICES PROVIDED. Not
32	32	later than December 31 of each year, the comptroller shall
33	33	determine the total amount spent during the previous state fiscal
34	34	year by all governmental entities to provide to persons not
35	35	lawfully present in the United States education and health benefits
36	36	and services required by federal law. The comptroller shall obtain
37	37	this information from the Health and Human Services Commission, the
38	38	Department of State Health Services, the Texas Education Agency,
39	39	school districts, counties, hospital districts, and other relevant
40	40	governmental entities. Information sought by the comptroller under
41	41	this section may not:
42	42	(1) contain personally identifiable information; or
43	43	(2) violate any federal or state laws, including
44	44	rules, regarding privacy.
45	45	Sec. 2351.004. REQUEST FOR REIMBURSEMENT. Not later than
46	46	March 31 of each year, based on the information obtained under
47	47	Section 2351.003, the comptroller shall make a written request to
48	48	the United States Congress for reimbursement of the cost of
49	49	providing to persons not lawfully present in the United States
50	50	education and health benefits and services required by federal law
51	51	during the previous state fiscal year.
52	52	Sec. 2351.005. RULEMAKING AUTHORITY. The comptroller may
53	53	adopt rules as necessary to implement this chapter.
54	54	SECTION 2. If before implementing any provision of this Act
55	55	a state agency determines that a waiver or authorization from a
56	56	federal agency is necessary for implementation of that provision,
57	57	the agency affected by the provision shall request the waiver or
58	58	authorization and may delay implementing that provision until the
59	59	waiver or authorization is granted.
60	60	SECTION 3. This Act takes effect September 1, 2015.