| 1 | 1 | | 86R4716 MCK-D |
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| 2 | 2 | | By: White H.B. No. 576 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to providing financial assistance to certain persons who |
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| 8 | 8 | | care for a child under a parental child safety placement; creating a |
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| 9 | 9 | | criminal offense; creating a civil penalty. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter L, Chapter 264, Family Code, is |
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| 12 | 12 | | amended by adding Sections 264.907 and 264.908 to read as follows: |
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| 13 | 13 | | Sec. 264.907. CAREGIVER ASSISTANCE. (a) The department |
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| 14 | 14 | | shall, subject to the availability of funds, enter into a caregiver |
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| 15 | 15 | | assistance agreement with each eligible caregiver to provide |
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| 16 | 16 | | monetary assistance to the caregiver. The monetary assistance |
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| 17 | 17 | | shall be based on a family's need, as determined by Subsection (b) |
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| 18 | 18 | | and rules adopted by the commissioner of the department. |
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| 19 | 19 | | (b) The department shall provide monetary assistance under |
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| 20 | 20 | | this section to a caregiver who has a family income that is less |
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| 21 | 21 | | than or equal to 300 percent of the federal poverty level. Monetary |
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| 22 | 22 | | assistance provided to a caregiver under this section may not |
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| 23 | 23 | | exceed 50 percent of the department's daily basic foster care rate |
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| 24 | 24 | | for the child. A caregiver who has a family income greater than 300 |
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| 25 | 25 | | percent of the federal poverty level is not eligible for monetary |
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| 26 | 26 | | assistance under this section. |
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| 27 | 27 | | (c) The department shall disburse monetary assistance |
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| 28 | 28 | | provided to a caregiver under Subsection (b) in the same manner as |
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| 29 | 29 | | the department disburses payments to a foster parent. The |
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| 30 | 30 | | department may not provide monetary assistance to an eligible |
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| 31 | 31 | | caregiver under Subsection (b) after the first anniversary of the |
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| 32 | 32 | | date the caregiver receives the first monetary assistance payment |
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| 33 | 33 | | from the department under this section. The department, at its |
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| 34 | 34 | | discretion and for good cause, may extend the monetary assistance |
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| 35 | 35 | | payments for an additional six months. |
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| 36 | 36 | | (d) The department shall implement a process to verify the |
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| 37 | 37 | | family income of a caregiver for the purpose of determining |
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| 38 | 38 | | eligibility to receive monetary assistance under Subsection (b). |
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| 39 | 39 | | Sec. 264.908. CRIMINAL OFFENSE; CIVIL PENALTY. (a) A |
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| 40 | 40 | | person commits an offense if, with intent to defraud or deceive the |
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| 41 | 41 | | department, the person knowingly makes or causes to be made a false |
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| 42 | 42 | | statement or misrepresentation of a material fact that allows a |
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| 43 | 43 | | person to receive monetary assistance under Section 264.907. |
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| 44 | 44 | | (b) An offense under this section is: |
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| 45 | 45 | | (1) a Class B misdemeanor if the person received |
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| 46 | 46 | | monetary assistance for less than 31 days; |
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| 47 | 47 | | (2) a Class A misdemeanor if the person received |
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| 48 | 48 | | monetary assistance for 31 days or more but less than 91 days; or |
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| 49 | 49 | | (3) a state jail felony if the person received |
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| 50 | 50 | | monetary assistance for 91 days or more. |
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| 51 | 51 | | (c) If conduct that constitutes an offense under this |
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| 52 | 52 | | section also constitutes an offense under any other law, the actor |
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| 53 | 53 | | may be prosecuted under this section, the other law, or both. |
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| 54 | 54 | | (d) The appropriate county prosecuting attorney shall be |
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| 55 | 55 | | responsible for the prosecution of an offense under this section. |
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| 56 | 56 | | (e) A person who engaged in conduct described by Subsection |
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| 57 | 57 | | (a) is liable to the state for a civil penalty of $1,000. The |
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| 58 | 58 | | attorney general shall bring an action to recover a civil penalty as |
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| 59 | 59 | | authorized by this subsection. |
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| 60 | 60 | | (f) The commissioner of the department may adopt rules |
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| 61 | 61 | | necessary to determine whether fraudulent activity that violates |
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| 62 | 62 | | Subsection (a) has occurred. |
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| 63 | 63 | | SECTION 2. This Act takes effect September 1, 2019. |
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