Texas 2015 - 84th Regular

Texas Senate Bill SB1322 Latest Draft

Bill / Introduced Version Filed 03/11/2015

Download
.pdf .doc .html
                            84R9728 JSL-F
 By: Menéndez S.B. No. 1322


 A BILL TO BE ENTITLED
 AN ACT
 relating to the ability of certain relative caretakers of dependent
 children to receive supplemental financial assistance and be
 assigned as a protective payee.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 31.0041(a), Human Resources Code, is
 amended to read as follows:
 (a)  To the extent funds are appropriated for this purpose,
 the department may provide supplemental financial assistance in
 addition to the amount of financial assistance granted for the
 support of a dependent child under Section 31.003 to a person who:
 (1)  is 25 [45] years of age or older;
 (2)  is the grandparent, aunt, uncle, sister, or
 brother of the dependent child, as defined by Section 31.002, who
 lives at the person's residence;
 (3)  is the primary caretaker of the dependent child;
 (4)  has a family income that is at or below 200 percent
 of the federal poverty level; and
 (5)  does not have resources that exceed the amount
 allowed for financial assistance under this chapter.
 SECTION 2.  Section 31.0324, Human Resources Code, is
 amended by amending Subsections (b) and (c) and adding Subsection
 (d) to read as follows:
 (b)  The department by rule shall develop and implement a
 process that provides for the grandparent, aunt, uncle, sister, or
 brother of a child receiving financial assistance under this
 chapter to serve as a protective payee to:
 (1)  receive and use the assistance on behalf of the
 child; and
 (2)  apply for financial assistance and be interviewed
 instead of the child's parent at any subsequent review of
 eligibility required by the department.
 (c)  The department shall:
 (1)  limit the use of the process established by
 Subsection (b) to situations in which the department determines the
 parent is not using the assistance for the child's needs as required
 by Section 31.0355(a); and
 (2)  establish by rule the circumstances under which
 the grandparent, aunt, uncle, sister, or brother may be removed as a
 protective payee.
 (d)  To serve as a protective payee of a child receiving
 financial assistance under this chapter, a person described by
 Subsection(c)(2) must be at least 25 years of age.
 SECTION 3.  The changes in law made by this Act apply only to
 a person receiving financial assistance under Chapter 31, Human
 Resources Code, on or after the effective date of this Act,
 regardless of the date on which eligibility for the financial
 assistance was determined.
 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 September 1, 2015.