Texas 2025 - 89th Regular

Texas House Bill HB215 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Guillen, Toth, Rodríguez Ramos, H.B. No. 215
2		-	Morales of Harris, et al.
3		-
4		-
	1	+	89R17873 MM-D
	2	+	By: Guillen, Rodríguez Ramos, H.B. No. 215
	3	+	Morales of Harris
	4	+	Substitute the following for H.B. No. 215:
	5	+	By: Hull C.S.H.B. No. 215
5	6
6	7
7	8		A BILL TO BE ENTITLED
8	9		AN ACT
9		-	relating to the payment of support rights and other benefits for a
10		-	child in the conservatorship of the Department of Family and
11		-	Protective Services.
	10	+	relating to the payment of support rights and benefits for a child
	11	+	placed with a relative or other designated caregiver.
12	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13		-	SECTION 1. Subchapter A, Chapter 264, Family Code, is
14		-	amended by adding Section 264.0112 to read as follows:
15		-	Sec. 264.0112. NOTICE REGARDING CERTAIN BENEFITS FOR WHICH
16		-	DEPARTMENT HAS BEEN APPOINTED REPRESENTATIVE PAYEE OR FIDUCIARY FOR
17		-	CHILD. (a) In this section, "legal representative" means the
18		-	child's attorney, the child's attorney ad litem, or another
19		-	individual appointed by a court to represent the legal interests of
20		-	the child.
21		-	(b) For a child in the department's conservatorship who
22		-	receives or is eligible to receive benefits or services for which a
23		-	representative payee or fiduciary is required, the department shall
24		-	immediately provide notice to the child through the child's legal
25		-	representative regarding:
26		-	(1) any application for United States Department of
27		-	Veterans Affairs benefits, Supplemental Security Income (SSI)
28		-	benefits under 42 U.S.C. Section 1381 et seq., or Social Security
29		-	Disability Insurance (SSDI) benefits under 42 U.S.C. Section 401 et
30		-	seq. made on the child's behalf;
31		-	(2) if the department serves as the representative
32		-	payee or in any other fiduciary capacity for the child, any
33		-	application to become representative payee for the child's United
34		-	States Department of Veterans Affairs benefits, Supplemental
35		-	Security Income (SSI) benefits under 42 U.S.C. Section 1381 et
36		-	seq., or Social Security Disability Insurance (SSDI) benefits under
37		-	42 U.S.C. Section 401 et seq.;
38		-	(3) any decisions or communications from the United
39		-	States Department of Veterans Affairs or the Social Security
40		-	Administration regarding an application described by Subdivision
41		-	(1); and
42		-	(4) any appeal or other action requested by the
43		-	department regarding an application for benefits described by
44		-	Subdivision (1).
45		-	(c) If the department serves as the representative payee or
46		-	otherwise receives United States Department of Veterans Affairs
47		-	benefits, Supplemental Security Income (SSI) benefits under 42
48		-	U.S.C. Section 1381 et seq., or Social Security Disability
49		-	Insurance (SSDI) benefits under 42 U.S.C. Section 401 et seq. on the
50		-	child's behalf, the department shall provide the following
51		-	information to the child through the child's legal representative
52		-	before each placement review hearing:
53		-	(1) the amount of benefit funds received on the child's
54		-	behalf since the most recent notification to the child's legal
55		-	representative and the date the benefits were received;
56		-	(2) information regarding the child's assets and
57		-	resources, including the child's benefits, insurance, cash assets,
58		-	trust accounts, earnings, and other resources;
59		-	(3) an accounting of the disbursement of benefit
60		-	funds, including the date, amount, and identification of the payee;
61		-	and
62		-	(4) information regarding each request by the court
63		-	appointed special advocate for the child, the child's legal
64		-	representative, or the child's caregiver for disbursement of funds
65		-	and a statement regarding the department's reason for not granting
66		-	the request if the request was not granted.
67		-	SECTION 2. Section 264.109(a), Family Code, is amended to
	13	+	SECTION 1. Section 264.109(a), Family Code, is amended to
68	14		read as follows:
69	15		(a) Except as provided by Section 264.763, the [The]
70	16		placement of a child in substitute care by the department
71	17		constitutes an assignment to the state of any support rights
72	18		attributable to the child as of the date the child is placed in
73	19		substitute care.
74		-	SECTION 3. Subchapter I, Chapter 264, Family Code, is
	20	+	SECTION 2. Subchapter I, Chapter 264, Family Code, is
75	21		amended by adding Section 264.763 to read as follows:
76	22		Sec. 264.763. PAYMENT OF CHILD'S SUPPORT RIGHTS AND
77	23		BENEFITS. A relative or other designated caregiver is eligible to
78	24		receive support and benefits, including monthly benefits, on behalf
79	25		of a child placed with the person by the department. The department
80	26		shall pass through to the relative or other designated caregiver:
81	27		(1) any support rights attributable to the child; and
82	28		(2) payments to which the child is entitled or that are
83	29		paid for the benefit of the child, including Supplemental Security
84	30		Income (SSI) benefits under 42 U.S.C. Section 1381 et seq.
85		-	SECTION 4. This Act takes effect September 1, 2025.
	31	+	SECTION 3. This Act takes effect September 1, 2025.