Texas 2023 - 88th Regular

Texas House Bill HB336 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R358 MM-F
2	2	By: Toth, Noble H.B. No. 336
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to notice regarding certain benefits for which a
8	8	representative payee or fiduciary has been appointed for a child in
9	9	the conservatorship of the Department of Family and Protective
10	10	Services.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter A, Chapter 264, Family Code, is
13	13	amended by adding Section 264.0112 to read as follows:
14	14	Sec. 264.0112. NOTICE REGARDING CERTAIN BENEFITS FOR WHICH
15	15	DEPARTMENT HAS BEEN APPOINTED REPRESENTATIVE PAYEE OR FIDUCIARY FOR
16	16	CHILD. (a) In this section, "legal representative" means the
17	17	child's attorney, the child's attorney ad litem, or another
18	18	individual appointed by a court to represent the legal interests of
19	19	the child.
20	20	(b) For a child in the department's conservatorship who
21	21	receives or is eligible to receive benefits or services for which a
22	22	representative payee or fiduciary is required, the department shall
23	23	immediately provide notice to the child through the child's legal
24	24	representative regarding:
25	25	(1) any application for United States Department of
26	26	Veterans Affairs benefits, Supplemental Security Income (SSI)
27	27	benefits under 42 U.S.C. Section 1381 et seq., or Social Security
28	28	Disability Insurance (SSDI) benefits under 42 U.S.C. Section 401 et
29	29	seq. made on the child's behalf;
30	30	(2) if the department serves as the representative
31	31	payee or in any other fiduciary capacity for the child, any
32	32	application to become representative payee for the child's United
33	33	States Department of Veterans Affairs benefits, Supplemental
34	34	Security Income (SSI) benefits under 42 U.S.C. Section 1381 et
35	35	seq., or Social Security Disability Insurance (SSDI) benefits under
36	36	42 U.S.C. Section 401 et seq.;
37	37	(3) any decisions or communications from the United
38	38	States Department of Veterans Affairs or the Social Security
39	39	Administration regarding an application described by Subdivision
40	40	(1); and
41	41	(4) any appeal or other action requested by the
42	42	department regarding an application for benefits described by
43	43	Subdivision (1).
44	44	(c) If the department serves as the representative payee or
45	45	otherwise receives United States Department of Veterans Affairs
46	46	benefits, Supplemental Security Income (SSI) benefits under 42
47	47	U.S.C. Section 1381 et seq., or Social Security Disability
48	48	Insurance (SSDI) benefits under 42 U.S.C. Section 401 et seq. on the
49	49	child's behalf, the department shall provide the following
50	50	information to the child through the child's legal representative
51	51	before each placement review hearing:
52	52	(1) the amount of benefit funds received on the child's
53	53	behalf since the most recent notification to the child's legal
54	54	representative and the date the benefits were received;
55	55	(2) information regarding the child's assets and
56	56	resources, including the child's benefits, insurance, cash assets,
57	57	trust accounts, earnings, and other resources;
58	58	(3) an accounting of the disbursement of benefit
59	59	funds, including the date, amount, and identification of the payee;
60	60	and
61	61	(4) information regarding each request by the court
62	62	appointed special advocate for the child, the child's legal
63	63	representative, or the child's caregiver for disbursement of funds
64	64	and a statement regarding the department's reason for not granting
65	65	the request if the request was not granted.
66	66	SECTION 2. This Act takes effect September 1, 2023.