86R4716 MCK-D
By: White H.B. No. 576
A BILL TO BE ENTITLED
AN ACT
relating to providing financial assistance to certain persons who
care for a child under a parental child safety placement; creating a
criminal offense; creating a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter L, Chapter 264, Family Code, is
amended by adding Sections 264.907 and 264.908 to read as follows:
Sec. 264.907. CAREGIVER ASSISTANCE. (a) The department
shall, subject to the availability of funds, enter into a caregiver
assistance agreement with each eligible caregiver to provide
monetary assistance to the caregiver. The monetary assistance
shall be based on a family's need, as determined by Subsection (b)
and rules adopted by the commissioner of the department.
(b) The department shall provide monetary assistance under
this section to a caregiver who has a family income that is less
than or equal to 300 percent of the federal poverty level. Monetary
assistance provided to a caregiver under this section may not
exceed 50 percent of the department's daily basic foster care rate
for the child. A caregiver who has a family income greater than 300
percent of the federal poverty level is not eligible for monetary
assistance under this section.
(c) The department shall disburse monetary assistance
provided to a caregiver under Subsection (b) in the same manner as
the department disburses payments to a foster parent. The
department may not provide monetary assistance to an eligible
caregiver under Subsection (b) after the first anniversary of the
date the caregiver receives the first monetary assistance payment
from the department under this section. The department, at its
discretion and for good cause, may extend the monetary assistance
payments for an additional six months.
(d) The department shall implement a process to verify the
family income of a caregiver for the purpose of determining
eligibility to receive monetary assistance under Subsection (b).
Sec. 264.908. CRIMINAL OFFENSE; CIVIL PENALTY. (a) A
person commits an offense if, with intent to defraud or deceive the
department, the person knowingly makes or causes to be made a false
statement or misrepresentation of a material fact that allows a
person to receive monetary assistance under Section 264.907.
(b) An offense under this section is:
(1) a Class B misdemeanor if the person received
monetary assistance for less than 31 days;
(2) a Class A misdemeanor if the person received
monetary assistance for 31 days or more but less than 91 days; or
(3) a state jail felony if the person received
monetary assistance for 91 days or more.
(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 shall be
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 a civil penalty as
authorized by this subsection.
(f) The commissioner of the department may adopt rules
necessary to determine whether fraudulent activity that violates
Subsection (a) has occurred.
SECTION 2. This Act takes effect September 1, 2019.