Texas 2017 - 85th Regular

Texas House Bill HB132 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	85R2437 KKR-F
2	1		By: Minjarez, Bernal, Thierry, H.B. No. 132
3		-	Rodriguez of Bexar, ~~Keough~~, et al.
	2	+	Rodriguez of Bexar, Miller, et al.
4	3
5	4
6	5		A BILL TO BE ENTITLED
7	6		AN ACT
8	7		relating to the ability of certain relative caretakers of dependent
9	8		children to receive supplemental financial assistance and be
10		-	assigned as protective payees for financial assistance payments.
	9	+	assigned as protective payees for financial assistance payments;
	10	+	providing a civil penalty; creating a criminal offense.
11	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12		SECTION 1. Section 31.0041(a), Human Resources Code, is
13	13		amended to read as follows:
14	14		(a) To the extent funds are appropriated for this purpose,
15	15		the commission may provide supplemental financial assistance in
16	16		addition to the amount of financial assistance granted for the
17	17		support of a dependent child under Section 31.003 to a person who:
18	18		(1) is 25 [45] years of age or older;
19	19		(2) is the grandparent, aunt, uncle, sister, or
20	20		brother of the dependent child, as defined by Section 31.002, who
21	21		lives at the person's residence;
22	22		(3) is the primary caretaker of the dependent child;
23	23		(4) has a family income that is at or below 200 percent
24	24		of the federal poverty level; and
25	25		(5) does not have resources that exceed the amount
26	26		allowed for financial assistance under this chapter.
27		-	SECTION 2. Section 31.0324, Human Resources Code, is
	27	+	SECTION 2. Subchapter A, Chapter 31, Human Resources Code,
	28	+	is amended by adding Section 31.0042 to read as follows:
	29	+	Sec. 31.0042. FRAUDULENT RECEIPT OF CERTAIN ASSISTANCE;
	30	+	CRIMINAL OFFENSE; CIVIL PENALTY. (a) A person commits an offense
	31	+	if, with intent to defraud or deceive the commission, the person
	32	+	knowingly makes or causes to be made a false statement or
	33	+	misrepresentation of a material fact that allows a person to
	34	+	receive supplemental financial assistance under Section 31.0041.
	35	+	(b) An offense under Subsection (a) is a state jail felony
	36	+	unless it is shown on the trial of the offense that the person has
	37	+	previously been convicted under this section, in which case the
	38	+	offense is a felony of the third degree.
	39	+	(c) If conduct that constitutes an offense under this
	40	+	section also constitutes an offense under any other law, the actor
	41	+	may be prosecuted under this section, the other law, or both.
	42	+	(d) The appropriate county prosecuting attorney shall be
	43	+	responsible for the prosecution of an offense under this section.
	44	+	(e) A person who engaged in conduct described by Subsection
	45	+	(a) is liable to the state for a civil penalty of $1,000. The
	46	+	attorney general shall bring an action to recover a civil penalty as
	47	+	authorized by this subsection.
	48	+	(f) The executive commissioner may adopt rules necessary to
	49	+	determine whether fraudulent activity that violates Subsection (a)
	50	+	has occurred.
	51	+	SECTION 3. Section 31.0324, Human Resources Code, is
28	52		amended by amending Subsections (b) and (c) and adding Subsection
29	53		(d) to read as follows:
30	54		(b) The executive commissioner by rule shall develop and the
31	55		commission shall implement a process that provides for the
32	56		grandparent, aunt, uncle, sister, or brother of a child receiving
33	57		financial assistance under this chapter to serve as a protective
34	58		payee to:
35	59		(1) receive and use the assistance on behalf of the
36	60		child; and
37	61		(2) apply for financial assistance and be interviewed
38	62		instead of the child's parent at any subsequent review of
39	63		eligibility required by the commission.
40	64		(c) The commission shall limit the use of the process
41	65		established by Subsection (b) to situations in which the commission
42	66		determines the parent is not using the assistance for the child's
43	67		needs as required by Section 31.0355(a), and the executive
44	68		commissioner shall establish by rule the circumstances under which
45	69		the grandparent, aunt, uncle, sister, or brother may be removed as a
46	70		protective payee.
47	71		(d) To serve as a protective payee of a child receiving
48	72		financial assistance under this chapter, a person described by
49	73		Subsection (b) must be at least 25 years of age.
50		-	SECTION 3. The changes in law made by this Act apply to a
	74	+	SECTION 4. The changes in law made by this Act apply to a
51	75		person receiving financial assistance under Chapter 31, Human
52	76		Resources Code, on or after the effective date of this Act,
53	77		regardless of the date on which eligibility for the financial
54	78		assistance was determined.
55		-	SECTION 4. If before implementing any provision of this Act
	79	+	SECTION 5. If before implementing any provision of this Act
56	80		a state agency determines that a waiver or authorization from a
57	81		federal agency is necessary for implementation of that provision,
58	82		the agency affected by the provision shall request the waiver or
59	83		authorization and may delay implementing that provision until the
60	84		waiver or authorization is granted.
61		-	SECTION 5. This Act takes effect September 1, 2017.
	85	+	SECTION 6. This Act takes effect September 1, 2017.