85S10359 KKR-F
By: Minjarez H.B. No. 67
A BILL TO BE ENTITLED
AN ACT
relating to the receipt by certain relative caretakers of dependent
children of supplemental financial assistance and the assignment of
those relative caretakers as protective payees for financial
assistance payments; providing a civil penalty; creating a criminal
offense.
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 commission 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. Subchapter A, Chapter 31, Human Resources Code,
is amended by adding Section 31.0042 to read as follows:
Sec. 31.0042. FRAUDULENT RECEIPT OF CERTAIN ASSISTANCE;
CRIMINAL OFFENSE; CIVIL PENALTY. (a) A person commits an offense
if, with intent to defraud or deceive the commission, the person
knowingly makes or causes to be made a false statement or
misrepresentation of a material fact that allows a person to
receive supplemental financial assistance under Section 31.0041.
(b) An offense under Subsection (a) is a state jail felony
unless it is shown on the trial of the offense that the person has
previously been convicted under this section, in which case the
offense is a felony of the third degree.
(c) If conduct that constitutes an offense under this
section also constitutes an offense under any other law, the actor
may be prosecuted under this section, the other law, or both.
(d) The appropriate county prosecuting attorney is
responsible for the prosecution of an offense under this section.
(e) A person who engaged in conduct described by Subsection
(a) is liable to the state for a civil penalty of $1,000. The
attorney general shall bring an action to recover the civil penalty
authorized by this subsection.
(f) The executive commissioner may adopt rules necessary to
determine whether fraudulent activity that violates Subsection (a)
has occurred.
SECTION 3. Section 31.0324, Human Resources Code, is
amended by amending Subsections (b) and (c) and adding Subsection
(d) to read as follows:
(b) The executive commissioner by rule shall develop and the
commission shall 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 commission.
(c) The commission shall limit the use of the process
established by Subsection (b) to situations in which the commission
determines the parent is not using the assistance for the child's
needs as required by Section 31.0355(a), and the executive
commissioner shall 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 (b) must be at least 25 years of age.
SECTION 4. The changes in law made by this Act apply 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 5. 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 6. This Act takes effect December 1, 2017.