84R7534 JSL-D
By: Allen H.B. No. 3859
A BILL TO BE ENTITLED
AN ACT
relating to exemptions from the application of certain financial
assistance eligibility requirements for certain grandparents.
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 31.0052 to read as follows:
Sec. 31.0052. EXEMPTIONS APPLICABLE TO CERTAIN
GRANDPARENTS. (a) This section applies only to a grandparent who is
at least 60 years of age and seeking or receiving financial
assistance benefits on behalf of a dependent child under this
subchapter or receiving supplemental financial assistance under
Section 31.0041.
(b) Notwithstanding any other law, the executive
commissioner of the Health and Human Services Commission by rule
shall prescribe circumstances under which good cause exists for
exempting a person to whom this section applies from the
application of certain financial assistance eligibility
requirements. Rules adopted under this section must provide that if
good cause is found:
(1) for purposes of determining the amount of
financial assistance granted to a person to whom this section
applies for the support of a dependent child or determining whether
the family meets household income and resource requirements for
financial assistance under this chapter, the department:
(A) may not consider any of the person's assets;
and
(B) shall deduct from the person's income and
resources reasonable expenses associated with supporting the
dependent child; and
(2) the department shall exempt a person to whom this
section applies from the application of time limits imposed by
Section 31.0065 on the receipt of benefits until the dependent
child's 18th birthday.
SECTION 2. As soon as possible after the effective date of
this Act, the executive commissioner of the Health and Human
Services Commission shall adopt the rules required under Section
31.0052, Human Resources Code, as added by this Act.
SECTION 3. The changes in law made by this Act apply to an
initial determination or redetermination of eligibility of a person
for financial assistance under Chapter 31, Human Resources Code,
that is made on or after the effective date of 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, 2015.