| 1 | 1 | | By: Menéndez S.B. No. 99 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the ability of certain relative caretakers of dependent |
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| 7 | 7 | | children to receive supplemental financial assistance and be |
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| 8 | 8 | | assigned as protective payees for financial assistance payments. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 31.0041(a), Human Resources Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (a) To the extent funds are appropriated for this purpose, |
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| 13 | 13 | | the commission may provide supplemental financial assistance in |
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| 14 | 14 | | addition to the amount of financial assistance granted for the |
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| 15 | 15 | | support of a dependent child under Section 31.003 to a person who: |
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| 16 | 16 | | (1) is 25 [45] years of age or older; |
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| 17 | 17 | | (2) is the grandparent, aunt, uncle, sister, or |
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| 18 | 18 | | brother of the dependent child, as defined by Section 31.002, who |
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| 19 | 19 | | lives at the person's residence; |
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| 20 | 20 | | (3) is the primary caretaker of the dependent child; |
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| 21 | 21 | | (4) has a family income that is at or below 200 percent |
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| 22 | 22 | | of the federal poverty level; and |
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| 23 | 23 | | (5) does not have resources that exceed the amount |
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| 24 | 24 | | allowed for financial assistance under this chapter. |
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| 25 | 25 | | SECTION 2. Section 31.0324, Human Resources Code, is |
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| 26 | 26 | | amended by amending Subsections (b) and (c) and adding Subsection |
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| 27 | 27 | | (d) to read as follows: |
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| 28 | 28 | | (b) The executive commissioner by rule shall develop and the |
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| 29 | 29 | | commission shall implement a process that provides for the |
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| 30 | 30 | | grandparent, aunt, uncle, sister, or brother of a child receiving |
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| 31 | 31 | | financial assistance under this chapter to serve as a protective |
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| 32 | 32 | | payee to: |
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| 33 | 33 | | (1) receive and use the assistance on behalf of the |
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| 34 | 34 | | child; and |
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| 35 | 35 | | (2) apply for financial assistance and be interviewed |
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| 36 | 36 | | instead of the child's parent at any subsequent review of |
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| 37 | 37 | | eligibility required by the commission. |
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| 38 | 38 | | (c) The commission shall limit the use of the process |
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| 39 | 39 | | established by Subsection (b) to situations in which the commission |
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| 40 | 40 | | determines the parent is not using the assistance for the child's |
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| 41 | 41 | | needs as required by Section 31.0355(a), and the executive |
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| 42 | 42 | | commissioner shall establish by rule the circumstances under which |
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| 43 | 43 | | the grandparent, aunt, uncle, sister, or brother may be removed as a |
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| 44 | 44 | | protective payee. |
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| 45 | 45 | | (d) To serve as a protective payee of a child receiving |
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| 46 | 46 | | financial assistance under this chapter, a person described by |
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| 47 | 47 | | Subsection (b) must be at least 25 years of age. |
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| 48 | 48 | | SECTION 3. The changes in law made by this Act apply to a |
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| 49 | 49 | | person receiving financial assistance under Chapter 31, Human |
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| 50 | 50 | | Resources Code, on or after the effective date of this Act, |
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| 51 | 51 | | regardless of the date on which eligibility for the financial |
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| 52 | 52 | | assistance was determined. |
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| 53 | 53 | | SECTION 4. If before implementing any provision of this Act |
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| 54 | 54 | | a state agency determines that a waiver or authorization from a |
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| 55 | 55 | | federal agency is necessary for implementation of that provision, |
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| 56 | 56 | | the agency affected by the provision shall request the waiver or |
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| 57 | 57 | | authorization and may delay implementing that provision until the |
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| 58 | 58 | | waiver or authorization is granted. |
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| 59 | 59 | | SECTION 5. This Act takes effect September 1, 2017. |
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