Texas 2015 - 84th Regular

Texas Senate Bill SB1322 Compare Versions

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

Old	New	Differences
1	1	84R9728 JSL-F
2	2	By: Menéndez S.B. No. 1322
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the ability of certain relative caretakers of dependent
8	8	children to receive supplemental financial assistance and be
9	9	assigned as a protective payee.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 31.0041(a), Human Resources Code, is
12	12	amended to read as follows:
13	13	(a) To the extent funds are appropriated for this purpose,
14	14	the department may provide supplemental financial assistance in
15	15	addition to the amount of financial assistance granted for the
16	16	support of a dependent child under Section 31.003 to a person who:
17	17	(1) is 25 [45] years of age or older;
18	18	(2) is the grandparent, aunt, uncle, sister, or
19	19	brother of the dependent child, as defined by Section 31.002, who
20	20	lives at the person's residence;
21	21	(3) is the primary caretaker of the dependent child;
22	22	(4) has a family income that is at or below 200 percent
23	23	of the federal poverty level; and
24	24	(5) does not have resources that exceed the amount
25	25	allowed for financial assistance under this chapter.
26	26	SECTION 2. Section 31.0324, Human Resources Code, is
27	27	amended by amending Subsections (b) and (c) and adding Subsection
28	28	(d) to read as follows:
29	29	(b) The department by rule shall develop and implement a
30	30	process that provides for the grandparent, aunt, uncle, sister, or
31	31	brother of a child receiving financial assistance under this
32	32	chapter to serve as a protective payee to:
33	33	(1) receive and use the assistance on behalf of the
34	34	child; and
35	35	(2) apply for financial assistance and be interviewed
36	36	instead of the child's parent at any subsequent review of
37	37	eligibility required by the department.
38	38	(c) The department shall:
39	39	(1) limit the use of the process established by
40	40	Subsection (b) to situations in which the department determines the
41	41	parent is not using the assistance for the child's needs as required
42	42	by Section 31.0355(a); and
43	43	(2) establish by rule the circumstances under which
44	44	the grandparent, aunt, uncle, sister, or brother may be removed as a
45	45	protective payee.
46	46	(d) To serve as a protective payee of a child receiving
47	47	financial assistance under this chapter, a person described by
48	48	Subsection(c)(2) must be at least 25 years of age.
49	49	SECTION 3. The changes in law made by this Act apply only to
50	50	a person receiving financial assistance under Chapter 31, Human
51	51	Resources Code, on or after the effective date of this Act,
52	52	regardless of the date on which eligibility for the financial
53	53	assistance was determined.
54	54	SECTION 4. 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 5. This Act takes effect September 1, 2015.