Texas 2021 - 87th Regular

Texas Senate Bill SB263 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 263
	1	+	By: Menéndez, et al. S.B. No. 263
	2	+	(Minjarez)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the ability of certain relative caretakers of dependent
6	8		children to receive supplemental financial assistance and be
7	9		assigned as protective payees for financial assistance payments.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Section 31.0041(a), Human Resources Code, is
10	12		amended to read as follows:
11	13		(a) To the extent funds are appropriated for this purpose,
12	14		the commission may provide supplemental financial assistance in
13	15		addition to the amount of financial assistance granted for the
14	16		support of a dependent child under Section 31.003 to a person who:
15	17		(1) is 25 [45] years of age or older;
16	18		(2) is the grandparent, aunt, uncle, sister, or
17	19		brother of the dependent child, as defined by Section 31.002, who
18	20		lives at the person's residence;
19	21		(3) is the primary caretaker of the dependent child;
20	22		(4) has a family income that is at or below 200 percent
21	23		of the federal poverty level; and
22	24		(5) does not have resources that exceed the amount
23	25		allowed for financial assistance under this chapter.
24	26		SECTION 2. Section 31.0324, Human Resources Code, is
25	27		amended by amending Subsections (b) and (c) and adding Subsection
26	28		(d) to read as follows:
27	29		(b) The executive commissioner by rule shall develop and the
28	30		commission shall implement a process that provides for the
29	31		grandparent, aunt, uncle, sister, or brother of a child receiving
30	32		financial assistance under this chapter to serve as a protective
31	33		payee to:
32	34		(1) receive and use the assistance on behalf of the
33	35		child; and
34	36		(2) apply for financial assistance and be interviewed
35	37		instead of the child's parent at any subsequent review of
36	38		eligibility required by the commission.
37	39		(c) The commission shall limit the use of the process
38	40		established by Subsection (b) to situations in which the commission
39	41		determines the parent is not using the assistance for the child's
40	42		needs as required by Section 31.0355(a), and the executive
41	43		commissioner shall establish by rule the circumstances under which
42	44		the grandparent, aunt, uncle, sister, or brother may be removed as a
43	45		protective payee.
44	46		(d) To serve as a protective payee of a child receiving
45	47		financial assistance under this chapter, a person described by
46	48		Subsection (b) must be at least 25 years of age.
47	49		SECTION 3. The changes in law made by this Act apply to a
48	50		person receiving financial assistance under Chapter 31, Human
49	51		Resources Code, on or after the effective date of this Act,
50	52		regardless of the date on which eligibility for the financial
51	53		assistance was determined.
52	54		SECTION 4. If before implementing any provision of this Act
53	55		a state agency determines that a waiver or authorization from a
54	56		federal agency is necessary for implementation of that provision,
55	57		the agency affected by the provision shall request the waiver or
56	58		authorization and may delay implementing that provision until the
57	59		waiver or authorization is granted.
58	60		SECTION 5. This Act takes effect September 1, 2021.
59		-	______________________________ ______________________________
60		-	President of the Senate Speaker of the House
61		-	I hereby certify that S.B. No. 263 passed the Senate on
62		-	April 29, 2021, by the following vote: Yeas 31, Nays 0.
63		-	______________________________
64		-	Secretary of the Senate
65		-	I hereby certify that S.B. No. 263 passed the House on
66		-	May 24, 2021, by the following vote: Yeas 121, Nays 22, one
67		-	present not voting.
68		-	______________________________
69		-	Chief Clerk of the House
70		-	Approved:
71		-	______________________________
72		-	Date
73		-	______________________________
74		-	Governor