84R78 KKR-D
By: White of Tyler H.B. No. 306
A BILL TO BE ENTITLED
AN ACT
relating to the provision of certain public benefits and services
to persons not lawfully present in the United States and
reimbursement from the federal government for those benefits and
services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 10, Government Code, is amended by adding
Subtitle H to read as follows:
SUBTITLE H. PROVISION OF PUBLIC BENEFITS AND SERVICES BY STATE AND
LOCAL GOVERNMENTS
CHAPTER 2351. PROVISION OF PUBLIC BENEFITS AND SERVICES TO PERSONS
NOT LAWFULLY PRESENT IN THE UNITED STATES
Sec. 2351.001. DEFINITION. In this chapter, "governmental
entity" means an agency of this state or of a political subdivision
of this state.
Sec. 2351.002. PROVISION OF CERTAIN BENEFITS AND SERVICES
PROHIBITED. A governmental entity may not provide education or
health benefits or services at no cost to a person who is not
lawfully present in the United States, unless required by federal
law. Benefits and services that may not be provided include:
(1) public education;
(2) health care assistance under Chapter 61, Health
and Safety Code; and
(3) medical assistance under Chapter 32, Human
Resources Code.
Sec. 2351.003. COST OF BENEFITS AND SERVICES PROVIDED. Not
later than December 31 of each year, the comptroller shall
determine the total amount spent during the previous state fiscal
year by all governmental entities to provide to persons not
lawfully present in the United States education and health benefits
and services required by federal law. The comptroller shall obtain
this information from the Health and Human Services Commission, the
Department of State Health Services, the Texas Education Agency,
school districts, counties, hospital districts, and other relevant
governmental entities. Information sought by the comptroller under
this section may not:
(1) contain personally identifiable information; or
(2) violate any federal or state laws, including
rules, regarding privacy.
Sec. 2351.004. REQUEST FOR REIMBURSEMENT. Not later than
March 31 of each year, based on the information obtained under
Section 2351.003, the comptroller shall make a written request to
the United States Congress for reimbursement of the cost of
providing to persons not lawfully present in the United States
education and health benefits and services required by federal law
during the previous state fiscal year.
Sec. 2351.005. RULEMAKING AUTHORITY. The comptroller may
adopt rules as necessary to implement this chapter.
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, 2015.