Texas 2019 - 86th Regular

Texas House Bill HB94 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R2166 KKR-F
2	2	By: Minjarez H.B. No. 94
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the receipt by certain relative caretakers of dependent
8	8	children of supplemental financial assistance and the assignment of
9	9	those relative caretakers as protective payees for financial
10	10	assistance payments; providing a civil penalty; creating a criminal
11	11	offense.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 31.0041(a), Human Resources Code, is
14	14	amended to read as follows:
15	15	(a) To the extent funds are appropriated for this purpose,
16	16	the commission may provide supplemental financial assistance in
17	17	addition to the amount of financial assistance granted for the
18	18	support of a dependent child under Section 31.003 to a person who:
19	19	(1) is 25 [45] years of age or older;
20	20	(2) is the grandparent, aunt, uncle, sister, or
21	21	brother of the dependent child, as defined by Section 31.002, who
22	22	lives at the person's residence;
23	23	(3) is the primary caretaker of the dependent child;
24	24	(4) has a family income that is at or below 200 percent
25	25	of the federal poverty level; and
26	26	(5) does not have resources that exceed the amount
27	27	allowed for financial assistance under this chapter.
28	28	SECTION 2. Subchapter A, Chapter 31, Human Resources Code,
29	29	is amended by adding Section 31.0042 to read as follows:
30	30	Sec. 31.0042. FRAUDULENT RECEIPT OF CERTAIN ASSISTANCE;
31	31	CRIMINAL OFFENSE; CIVIL PENALTY. (a) A person commits an offense
32	32	if, with intent to defraud or deceive the commission, the person
33	33	knowingly makes or causes to be made a false statement or
34	34	misrepresentation of a material fact that allows the person to be
35	35	eligible to receive supplemental financial assistance under
36	36	Section 31.0041.
37	37	(b) An offense under Subsection (a) is:
38	38	(1) a Class C misdemeanor if the person received no
39	39	supplemental financial assistance or received supplemental
40	40	financial assistance for less than 7 days;
41	41	(2) a Class B misdemeanor if the person received
42	42	supplemental financial assistance for 7 days or more but less than
43	43	31 days; or
44	44	(3) a Class A misdemeanor if the person received
45	45	supplemental financial assistance for 31 days or more but less than
46	46	91 days.
47	47	(c) If conduct that constitutes an offense under this
48	48	section also constitutes an offense under any other law, the actor
49	49	may be prosecuted under this section, the other law, or both.
50	50	(d) The appropriate county prosecuting attorney is
51	51	responsible for the prosecution of an offense under this section.
52	52	(e) A person who engaged in conduct described by Subsection
53	53	(a) is liable to the state for a civil penalty of $1,000. The
54	54	attorney general shall bring an action to recover the civil penalty
55	55	authorized by this subsection.
56	56	(f) The executive commissioner may adopt rules necessary to
57	57	determine whether fraudulent activity that violates Subsection (a)
58	58	has occurred.
59	59	SECTION 3. Section 31.0324, Human Resources Code, is
60	60	amended by amending Subsections (b) and (c) and adding Subsection
61	61	(d) to read as follows:
62	62	(b) The executive commissioner by rule shall develop and the
63	63	commission shall implement a process that provides for the
64	64	grandparent, aunt, uncle, sister, or brother of a child receiving
65	65	financial assistance under this chapter to serve as a protective
66	66	payee to:
67	67	(1) receive and use the assistance on behalf of the
68	68	child; and
69	69	(2) apply for financial assistance and be interviewed
70	70	instead of the child's parent at any subsequent review of
71	71	eligibility required by the commission.
72	72	(c) The commission shall limit the use of the process
73	73	established by Subsection (b) to situations in which the commission
74	74	determines the parent is not using the assistance for the child's
75	75	needs as required by Section 31.0355(a), and the executive
76	76	commissioner shall establish by rule the circumstances under which
77	77	the grandparent, aunt, uncle, sister, or brother may be removed as a
78	78	protective payee.
79	79	(d) To serve as a protective payee of a child receiving
80	80	financial assistance under this chapter, a person described by
81	81	Subsection (b) must be at least 25 years of age.
82	82	SECTION 4. The changes in law made by this Act apply to a
83	83	person receiving financial assistance under Chapter 31, Human
84	84	Resources Code, on or after the effective date of this Act,
85	85	regardless of the date on which eligibility for the financial
86	86	assistance was determined.
87	87	SECTION 5. If before implementing any provision of this Act
88	88	a state agency determines that a waiver or authorization from a
89	89	federal agency is necessary for implementation of that provision,
90	90	the agency affected by the provision shall request the waiver or
91	91	authorization and may delay implementing that provision until the
92	92	waiver or authorization is granted.
93	93	SECTION 6. This Act takes effect September 1, 2019.