S.B. No. 169
AN ACT
1-1 relating to the interstate placement of and assistance to children;
1-2 creating offenses and providing penalties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. The heading of Subchapter B, Chapter 162, Family
1-5 Code, as added by H.B. No. 655, Acts of the 74th Legislature,
1-6 Regular Session, 1995, is amended to read as follows:
1-7 SUBCHAPTER B. INTERSTATE COMPACT ON THE PLACEMENT OF
1-8 CHILDREN<; INTERSTATE COMPACT>
1-9 SECTION 2. Section 162.101, Family Code, as added by H.B.
1-10 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
1-11 amended to read as follows:
1-12 Sec. 162.101. DEFINITIONS. In this subchapter:
1-13 (1) "Appropriate public authorities," with reference
1-14 to this state, means the executive director.
1-15 (2) "Appropriate authority in the receiving state,"
1-16 with reference to this state, means the executive director.
1-17 (3) <"Child" means a person who, by reason of
1-18 minority, is legally subject to parental, guardianship, or similar
1-19 control.>
1-20 <(4) "Child-care facility" means a facility that
1-21 provides care, training, education, custody, treatment, or
1-22 supervision for a minor child who is not related by blood,
1-23 marriage, or adoption to the owner or operator of the facility,
2-1 whether or not the facility is operated for profit and whether or
2-2 not the facility makes a charge for the service offered by it.>
2-3 <(5)> "Compact" means the Interstate Compact on the
2-4 Placement of Children.
2-5 (4) <(6) "Department" means the Department of
2-6 Protective and Regulatory Services.>
2-7 <(7)> "Executive head," with reference to this state,
2-8 means the governor.
2-9 <(8) "Executive director" means the executive director
2-10 of the Department of Protective and Regulatory Services.>
2-11 <(9) "Placement" means an arrangement for the care of
2-12 a child in a family free, in a boarding home, or in a child-care
2-13 facility or institution, including an institution caring for the
2-14 mentally ill, mentally defective, or epileptic, but does not
2-15 include an institution primarily educational in character or a
2-16 hospital or other primarily medical facility.>
2-17 <(10) "Sending agency" means a state, a subdivision of
2-18 a state, an officer or employee of a state or subdivision of a
2-19 state, a court of a state, or a person, partnership, corporation,
2-20 association, charitable agency, or other entity, located outside
2-21 this state, that sends, brings, or causes to be sent or brought a
2-22 child into this state.>
2-23 SECTION 3. Section 162.108, Family Code, as added by H.B.
2-24 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
2-25 redesignated as Section 162.102, Family Code, and amended to read
3-1 as follows:
3-2 Sec. 162.102 <162.108>. ADOPTION OF COMPACT; TEXT. The
3-3 Interstate Compact on the Placement of Children is adopted by this
3-4 state and entered into with all other jurisdictions in form
3-5 substantially as provided by this subchapter. <follows:>
3-6 INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN
3-7 ARTICLE I. PURPOSE AND POLICY
3-8 It is the purpose and policy of the party states to cooperate
3-9 with each other in the interstate placement of children to the end
3-10 that:
3-11 (a) Each child requiring placement shall receive the
3-12 maximum opportunity to be placed in a suitable environment and with
3-13 persons or institutions having appropriate qualifications and
3-14 facilities to provide a necessary and desirable degree and type of
3-15 care.
3-16 (b) The appropriate authorities in a state where a
3-17 child is to be placed may have full opportunity to ascertain the
3-18 circumstances of the proposed placement, thereby promoting full
3-19 compliance with applicable requirements for the protection of the
3-20 child.
3-21 (c) The proper authorities of the state from which the
3-22 placement is made may obtain the most complete information on the
3-23 basis on which to evaluate a projected placement before it is made.
3-24 (d) Appropriate jurisdictional arrangements for the
3-25 care of children will be promoted.
4-1 ARTICLE II. DEFINITIONS
4-2 As used in this compact:
4-3 (a) "Child" means a person who, by reason of minority,
4-4 is legally subject to parental, guardianship, or similar control.
4-5 (b) "Sending agency" means a party state, officer, or
4-6 employee thereof; a subdivision of a party state, or officer or
4-7 employee thereof; a court of a party state; a person, corporation,
4-8 association, charitable agency, or other entity which sends,
4-9 brings, or causes to be sent or brought any child to another party
4-10 state.
4-11 (c) "Receiving state" means the state to which a child
4-12 is sent, brought, or caused to be sent or brought, whether by
4-13 public authorities or private persons or agencies, and whether for
4-14 placement with state or local public authorities or for placement
4-15 with private agencies or persons.
4-16 (d) "Placement" means the arrangement for the care of
4-17 a child in a family free or boarding home or in a child-caring
4-18 agency or institution but does not include any institution caring
4-19 for the mentally ill, mentally defective, or epileptic or any
4-20 institution primarily educational in character, and any hospital or
4-21 other medical facility.
4-22 ARTICLE III. CONDITIONS FOR PLACEMENT
4-23 (a) No sending agency shall send, bring, or cause to be sent
4-24 or brought into any other party state any child for placement in
4-25 foster care or as a preliminary to a possible adoption unless the
5-1 sending agency shall comply with each and every requirement set
5-2 forth in this article and with the applicable laws of the receiving
5-3 state governing the placement of children therein.
5-4 (b) Prior to sending, bringing, or causing any child to be
5-5 sent or brought into a receiving state for placement in foster care
5-6 or as a preliminary to a possible adoption, the sending agency
5-7 shall furnish the appropriate public authorities in the receiving
5-8 state written notice of the intention to send, bring, or place the
5-9 child in the receiving state. The notice shall contain:
5-10 (1) the name, date, and place of birth of the child;
5-11 (2) the identity and address or addresses of the
5-12 parents or legal guardian;
5-13 (3) the name and address of the person, agency, or
5-14 institution to or with which the sending agency proposes to send,
5-15 bring, or place the child;
5-16 (4) a full statement of the reasons for such proposed
5-17 action and evidence of the authority pursuant to which the
5-18 placement is proposed to be made.
5-19 (c) Any public officer or agency in a receiving state which
5-20 is in receipt of a notice pursuant to Paragraph (b) of this article
5-21 may request of the sending agency, or any other appropriate officer
5-22 or agency of or in the sending agency's state, and shall be
5-23 entitled to receive therefrom, such supporting or additional
5-24 information as it may deem necessary under the circumstances to
5-25 carry out the purpose and policy of this compact.
6-1 (d) The child shall not be sent, brought, or caused to be
6-2 sent or brought into the receiving state until the appropriate
6-3 public authorities in the receiving state shall notify the sending
6-4 agency, in writing, to the effect that the proposed placement does
6-5 not appear to be contrary to the interests of the child.
6-6 ARTICLE IV. PENALTY FOR ILLEGAL PLACEMENT
6-7 The sending, bringing, or causing to be sent or brought into
6-8 any receiving state of a child in violation of the terms of this
6-9 compact shall constitute a violation of the laws respecting the
6-10 placement of children of both the state in which the sending agency
6-11 is located or from which it sends or brings the child and of the
6-12 receiving state. Such violation may be punished or subjected to
6-13 penalty in either jurisdiction in accordance with its laws. In
6-14 addition to liability for any such punishment or penalty, any such
6-15 violation shall constitute full and sufficient grounds for the
6-16 suspension or revocation of any license, permit, or other legal
6-17 authorization held by the sending agency which empowers or allows
6-18 it to place or care for children.
6-19 ARTICLE V. RETENTION OF JURISDICTION
6-20 (a) The sending agency shall retain jurisdiction over the
6-21 child sufficient to determine all matters in relation to the
6-22 custody, supervision, care, treatment, and disposition of the child
6-23 which it would have had if the child had remained in the sending
6-24 agency's state, until the child is adopted, reaches majority,
6-25 becomes self-supporting, or is discharged with the concurrence of
7-1 the appropriate authority in the receiving state. Such
7-2 jurisdiction shall also include the power to effect or cause the
7-3 return of the child or its transfer to another location and custody
7-4 pursuant to law. The sending agency shall continue to have
7-5 financial responsibility for support and maintenance of the child
7-6 during the period of the placement. Nothing contained herein shall
7-7 defeat a claim of jurisdiction by a receiving state sufficient to
7-8 deal with an act of delinquency or crime committed therein.
7-9 (b) When the sending agency is a public agency, it may enter
7-10 into an agreement with an authorized public or private agency in
7-11 the receiving state providing for the performance of one or more
7-12 services in respect of such case by the latter as agent for the
7-13 sending agency.
7-14 (c) Nothing in this compact shall be construed to prevent a
7-15 private charitable agency authorized to place children in the
7-16 receiving state from performing services or acting as agent in that
7-17 state for a private charitable agency of the sending state; nor to
7-18 prevent the agency in the receiving state from discharging
7-19 financial responsibility for the support and maintenance of a child
7-20 who has been placed on behalf of the sending agency without
7-21 relieving the responsibility set forth in Paragraph (a) hereof.
7-22 ARTICLE VI. INSTITUTIONAL CARE OF DELINQUENT CHILDREN
7-23 A child adjudicated delinquent may be placed in an
7-24 institution in another party jurisdiction pursuant to this compact
7-25 but no such placement shall be made unless the child is given a
8-1 court hearing on notice to the parent or guardian with opportunity
8-2 to be heard, prior to his being sent to such other party
8-3 jurisdiction for institutional care and the court finds that:
8-4 (1) equivalent facilities for the child are not
8-5 available in the sending agency's jurisdiction; and
8-6 (2) institutional care in the other jurisdiction is in
8-7 the best interest of the child and will not produce undue hardship.
8-8 ARTICLE VII. COMPACT ADMINISTRATOR
8-9 The executive head of each jurisdiction party to this compact
8-10 shall designate an officer who shall be general coordinator of
8-11 activities under this compact in his jurisdiction and who, acting
8-12 jointly with like officers of other party jurisdictions, shall have
8-13 power to promulgate rules and regulations to carry out more
8-14 effectively the terms and provisions of this compact.
8-15 ARTICLE VIII. LIMITATIONS
8-16 This compact shall not apply to:
8-17 (a) the sending or bringing of a child into a
8-18 receiving state by his parent, stepparent, grandparent, adult
8-19 brother or sister, adult uncle or aunt, or his guardian and leaving
8-20 the child with any such relative or nonagency guardian in the
8-21 receiving state; or
8-22 (b) any placement, sending, or bringing of a child
8-23 into a receiving state pursuant to any other interstate compact to
8-24 which both the state from which the child is sent or brought and
8-25 the receiving state are party, or to any other agreement between
9-1 said states which has the force of law.
9-2 ARTICLE IX. ENACTMENT AND WITHDRAWAL
9-3 This compact shall be open to joinder by any state,
9-4 territory, or possession of the United States, the District of
9-5 Columbia, the Commonwealth of Puerto Rico, and, with the consent of
9-6 congress, the government of Canada or any province thereof. It
9-7 shall become effective with respect to any such jurisdiction when
9-8 such jurisdiction has enacted the same into law. Withdrawal from
9-9 this compact shall be by the enactment of a statute repealing the
9-10 same, but shall not take effect until two years after the effective
9-11 date of such statute and until written notice of the withdrawal has
9-12 been given by the withdrawing state to the governor of each other
9-13 party jurisdiction. Withdrawal of a party state shall not affect
9-14 the rights, duties, and obligations under this compact of any
9-15 sending agency therein with respect to a placement made prior to
9-16 the effective date of withdrawal.
9-17 ARTICLE X. CONSTRUCTION AND SEVERABILITY
9-18 The provisions of this compact shall be liberally construed
9-19 to effectuate the purposes thereof. The provisions of this compact
9-20 shall be severable and if any phrase, clause, sentence, or
9-21 provision of this compact is declared to be contrary to the
9-22 constitution of any party state or of the United States or the
9-23 applicability thereof to any government, agency, person, or
9-24 circumstance is held invalid, the validity of the remainder of this
9-25 compact and the applicability thereof to any government, agency,
10-1 person, or circumstance shall not be affected thereby. If this
10-2 compact shall be held contrary to the constitution of any state
10-3 party thereto, the compact shall remain in full force and effect as
10-4 to the remaining states and in full force and effect as to the
10-5 state affected as to all severable matters.
10-6 SECTION 4. Section 162.109, Family Code, as added by H.B.
10-7 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
10-8 redesignated as Section 162.103, Family Code, and is amended to
10-9 read as follows:
10-10 Sec. 162.103 <162.109>. FINANCIAL RESPONSIBILITY FOR CHILD.
10-11 (a) Financial responsibility for a child placed as provided in the
10-12 compact is determined, in the first instance, as provided in
10-13 Article V of the compact. After partial or complete default of
10-14 performance under the provisions of Article V assigning financial
10-15 responsibility, the executive director may bring suit under Chapter
10-16 154 and may file a complaint with the appropriate prosecuting
10-17 attorney, claiming a violation of Section 25.05, Penal Code.
10-18 (b) After default, if the executive director determines that
10-19 financial responsibility is unlikely to be assumed by the sending
10-20 agency or the child's parents, the executive director may <shall>
10-21 cause the child to be returned to the sending agency.
10-22 (c) After default, the department shall assume financial
10-23 responsibility for the child until it is assumed by the child's
10-24 parents or until the child is safely returned to the sending
10-25 agency.
11-1 SECTION 5. Section 162.110, Family Code, as added by H.B.
11-2 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
11-3 redesignated as Section 162.104, Family Code, and amended to read
11-4 as follows:
11-5 Sec. 162.104 <162.110>. APPROVAL OF PLACEMENT <OR
11-6 DISCHARGE>. <(a)> The executive director may not approve the
11-7 placement of a child in this state without the concurrence of the
11-8 individuals with whom the child is proposed to be placed or the
11-9 head of an institution with which the child is proposed to be
11-10 placed.
11-11 <(b) The executive director may not approve the discharge of
11-12 a child placed in a public institution in this state without the
11-13 concurrence of the head of the institution.>
11-14 SECTION 6. Section 162.111, Family Code, as added by H.B.
11-15 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
11-16 redesignated as Section 162.105, Family Code, to read as follows:
11-17 Sec. 162.105 <162.111>. PLACEMENT IN ANOTHER STATE. A
11-18 juvenile court may place a delinquent child in an institution in
11-19 another state as provided by Article VI of the compact. After
11-20 placement in another state, the court retains jurisdiction of the
11-21 child as provided by Article V of the compact.
11-22 SECTION 7. Section 162.112, Family Code, as added by H.B.
11-23 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
11-24 redesignated as Section 162.106, Family Code, and amended to read
11-25 as follows:
12-1 Sec. 162.106 <162.112>. COMPACT AUTHORITY <ADMINISTRATOR>.
12-2 (a) The governor shall appoint the executive director of the
12-3 Department of Protective and Regulatory Services as compact
12-4 administrator.
12-5 (b) The executive director shall designate a deputy compact
12-6 administrator and staff necessary to execute the terms of the
12-7 compact in this state. <If the executive director is unable to
12-8 attend a compact meeting, the executive director may designate a
12-9 department employee to attend the meeting as the executive
12-10 director's representative.>
12-11 SECTION 8. Section 162.113, Family Code, as added by H.B.
12-12 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
12-13 redesignated as Section 162.107, Family Code, and amended to read
12-14 as follows:
12-15 Sec. 162.107 <162.113>. OFFENSES; PENALTIES. (a) An
12-16 individual, agency, corporation, or child-care facility that
12-17 violates a provision of the compact commits an offense. An offense
12-18 under this subsection is a Class B misdemeanor.
12-19 (b) An individual, agency, corporation, child-care facility,
12-20 or child-care institution in this state that violates Article IV of
12-21 the compact commits an offense. An offense under this subsection
12-22 is a Class B misdemeanor. On conviction, the court shall revoke
12-23 any license to operate as a child-care facility or child-care
12-24 institution issued by the department to the entity convicted and
12-25 shall revoke any license or certification of the individual,
13-1 agency, or corporation necessary to practice in the state.
13-2 <APPLICATION OF SUNSET ACT. The office of administrator of the
13-3 Interstate Compact on the Placement of Children is subject to the
13-4 Texas Sunset Act (Chapter 325, Government Code). Unless continued
13-5 in existence as provided by that Act, the office is abolished and
13-6 this subchapter expires September 1, 1999.>
13-7 SECTION 9. Chapter 162, Family Code, as added by H.B. No.
13-8 655, Acts of the 74th Legislature, Regular Session, 1995, is
13-9 amended by adding Subchapter C to read as follows:
13-10 SUBCHAPTER C. INTERSTATE COMPACT ON ADOPTION AND
13-11 MEDICAL ASSISTANCE
13-12 Sec. 162.201. ADOPTION OF COMPACT; TEXT. The Interstate
13-13 Compact on Adoption and Medical Assistance is adopted by this state
13-14 and entered into with all other jurisdictions joining in the
13-15 compact in form substantially as provided under this subchapter.
13-16 INTERSTATE COMPACT ON ADOPTION AND MEDICAL ASSISTANCE
13-17 ARTICLE I. FINDINGS
13-18 The legislature finds that:
13-19 (a) Finding adoptive families for children for whom
13-20 state assistance is desirable, under Subchapter D, Chapter 162, and
13-21 assuring the protection of the interest of the children affected
13-22 during the entire assistance period require special measures when
13-23 the adoptive parents move to other states or are residents of
13-24 another state.
13-25 (b) The provision of medical and other necessary
14-1 services for children, with state assistance, encounters special
14-2 difficulties when the provision of services takes place in other
14-3 states.
14-4 ARTICLE II. PURPOSES
14-5 The purposes of the compact are to:
14-6 (a) authorize the Department of Protective and
14-7 Regulatory Services, with the concurrence of the Health and Human
14-8 Services Commission, to enter into interstate agreements with
14-9 agencies of other states for the protection of children on behalf
14-10 of whom adoption assistance is being provided by the Department of
14-11 Protective and Regulatory Services; and
14-12 (b) provide procedures for interstate children's
14-13 adoption assistance payments, including medical payments.
14-14 ARTICLE III. DEFINITIONS
14-15 In this compact:
14-16 (a) "Adoption assistance state" means the state that
14-17 signs an adoption assistance agreement in a particular case.
14-18 (b) "Residence state" means the state in which the
14-19 child resides by virtue of the residence of the adoptive parents.
14-20 (c) "State" means a state of the United States, the
14-21 District of Columbia, the Commonwealth of Puerto Rico, the Virgin
14-22 Islands, Guam, the Commonwealth of the Northern Mariana Islands, or
14-23 a territory or possession of or a territory or possession
14-24 administered by the United States.
14-25 ARTICLE IV. COMPACTS AUTHORIZED
15-1 The Department of Protective and Regulatory Services, through
15-2 its executive director, is authorized to develop, participate in
15-3 the development of, negotiate, and enter into one or more
15-4 interstate compacts on behalf of this state with other states to
15-5 implement one or more of the purposes of this compact. An
15-6 interstate compact authorized by this article has the force and
15-7 effect of law.
15-8 ARTICLE V. CONTENTS OF COMPACTS
15-9 A compact entered into under the authority conferred by this
15-10 compact shall contain:
15-11 (1) a provision making the compact available for
15-12 joinder by all states;
15-13 (2) a provision for withdrawal from the compact on
15-14 written notice to the parties, with a period of one year between
15-15 the date of the notice and the effective date of the withdrawal;
15-16 (3) a requirement that protections under the compact
15-17 continue for the duration of the adoption assistance and apply to
15-18 all children and their adoptive parents who on the effective date
15-19 of the withdrawal are receiving adoption assistance from a party
15-20 state other than the one in which they reside and have their
15-21 principal place of abode;
15-22 (4) a requirement that each case of adoption
15-23 assistance to which the compact applies be covered by a written
15-24 adoption assistance agreement between the adoptive parents and the
15-25 state child welfare agency of the state that provides the adoption
16-1 assistance and that the agreement be expressly for the benefit of
16-2 the adopted child and enforceable by the adoptive parents and the
16-3 state agency providing the adoption assistance; and
16-4 (5) other provisions that are appropriate for the
16-5 proper administration of the compact.
16-6 ARTICLE VI. OPTIONAL CONTENTS OF COMPACTS
16-7 A compact entered into under the authority conferred by this
16-8 compact may contain the following provisions, in addition to those
16-9 required under Article V of this compact:
16-10 (1) provisions establishing procedures and entitlement
16-11 to medical, developmental, child-care, or other social services for
16-12 the child in accordance with applicable laws, even if the child and
16-13 the adoptive parents are in a state other than the one responsible
16-14 for or providing the services or the funds to defray part or all of
16-15 the costs thereof; and
16-16 (2) other provisions that are appropriate or
16-17 incidental to the proper administration of the compact.
16-18 ARTICLE VII. MEDICAL ASSISTANCE
16-19 (a) A child with special needs who resides in this state and
16-20 who is the subject of an adoption assistance agreement with another
16-21 state is entitled to receive a medical assistance identification
16-22 from this state on the filing in the state medical assistance
16-23 agency of a certified copy of the adoption assistance agreement
16-24 obtained from the adoption assistance state. In accordance with
16-25 rules of the state medical assistance agency, the adoptive parents,
17-1 at least annually, shall show that the agreement is still in effect
17-2 or has been renewed.
17-3 (b) The state medical assistance agency shall consider the
17-4 holder of a medical assistance identification under this article as
17-5 any other holder of a medical assistance identification under the
17-6 laws of this state and shall process and make payment on claims on
17-7 the holder's account in the same manner and under the same
17-8 conditions and procedures as for other recipients of medical
17-9 assistance.
17-10 (c) The state medical assistance agency shall provide
17-11 coverage and benefits for a child who is in another state and who
17-12 is covered by an adoption assistance agreement made by the
17-13 Department of Protective and Regulatory Services for the coverage
17-14 or benefits, if any, not provided by the residence state. The
17-15 adoptive parents acting for the child may submit evidence of
17-16 payment for services or benefit amounts not payable in the
17-17 residence state and shall be reimbursed for those amounts.
17-18 Services or benefit amounts covered under any insurance or other
17-19 third-party medical contract or arrangement held by the child or
17-20 the adoptive parents may not be reimbursed. The state medical
17-21 assistance agency shall adopt rules implementing this subsection.
17-22 The additional coverage and benefit amounts provided under this
17-23 subsection are for services for which there is no federal
17-24 contribution or services that, if federally aided, are not provided
17-25 by the residence state. The rules shall include procedures for
18-1 obtaining prior approval for services in cases in which prior
18-2 approval is required for the assistance.
18-3 (d) The submission of a false, misleading, or fraudulent
18-4 claim for payment or reimbursement for services or benefits under
18-5 this article or the making of a false, misleading, or fraudulent
18-6 statement in connection with the claim is an offense under this
18-7 subsection if the person submitting the claim or making the
18-8 statement knows or should know that the claim or statement is
18-9 false, misleading, or fraudulent. A person who commits an offense
18-10 under this subsection may be liable for a fine not to exceed
18-11 $10,000 or imprisonment for not more than two years, or both the
18-12 fine and the imprisonment. An offense under this subsection that
18-13 also constitutes an offense under other law may be punished under
18-14 either this subsection or the other applicable law.
18-15 (e) This article applies only to medical assistance for
18-16 children under adoption assistance agreements with states that have
18-17 entered into a compact with this state under which the other state
18-18 provides medical assistance to children with special needs under
18-19 adoption assistance agreements made by this state. All other
18-20 children entitled to medical assistance under adoption assistance
18-21 agreements entered into by this state are eligible to receive the
18-22 medical assistance in accordance with the laws and procedures that
18-23 apply to the agreement.
18-24 ARTICLE VIII. FEDERAL PARTICIPATION
18-25 Consistent with federal law, the Department of Protective and
19-1 Regulatory Services and the Health and Human Services Commission,
19-2 in connection with the administration of this compact or a compact
19-3 authorized by this compact, shall include the provision of adoption
19-4 assistance and medical assistance for which the federal government
19-5 pays some or all of the cost in any state plan made under the
19-6 Adoption Assistance and Child Welfare Act of 1980 (Pub. L. No.
19-7 96-272), Titles IV-E and XIX of the Social Security Act, and other
19-8 applicable federal laws. The Department of Protective and
19-9 Regulatory Services and the Health and Human Services Commission
19-10 shall apply for and administer all relevant federal aid in
19-11 accordance with law.
19-12 Sec. 162.202. AUTHORITY OF DEPARTMENT OF PROTECTIVE AND
19-13 REGULATORY SERVICES. The Department of Protective and Regulatory
19-14 Services, with the concurrence of the Health and Human Services
19-15 Commission, may develop, participate in the development of,
19-16 negotiate, and enter into one or more interstate compacts on behalf
19-17 of this state with other states to implement one or more of the
19-18 purposes of this subchapter. An interstate compact authorized by
19-19 this article has the force and effect of law.
19-20 Sec. 162.203. COMPACT ADMINISTRATION. The executive
19-21 director of the Department of Protective and Regulatory Services
19-22 shall serve as the compact administrator. The administrator shall
19-23 cooperate with all departments, agencies, and officers of this
19-24 state and its subdivisions in facilitating the proper
19-25 administration of the compact and any supplemental agreements
20-1 entered into by this state. The executive director and the
20-2 commissioner of human services shall designate deputy compact
20-3 administrators to represent adoption assistance services and
20-4 medical assistance services provided under Title XIX of the Social
20-5 Security Act.
20-6 Sec. 162.204. SUPPLEMENTARY AGREEMENTS. The compact
20-7 administrator may enter into supplementary agreements with
20-8 appropriate officials of other states under the compact. If a
20-9 supplementary agreement requires or authorizes the use of any
20-10 institution or facility of this state or requires or authorizes the
20-11 provision of a service by this state, the supplementary agreement
20-12 does not take effect until approved by the head of the department
20-13 or agency under whose jurisdiction the institution or facility is
20-14 operated or whose department or agency will be charged with
20-15 rendering the service.
20-16 Sec. 162.205. PAYMENTS BY STATE. The compact administrator,
20-17 subject to the approval of the chief state fiscal officer, may make
20-18 or arrange for payments necessary to discharge financial
20-19 obligations imposed on this state by the compact or by a
20-20 supplementary agreement entered into under the compact.
20-21 Sec. 162.206. PENALTIES. A person who, under a compact
20-22 entered into under this subchapter, knowingly obtains or attempts
20-23 to obtain or aids or abets any person in obtaining, by means of a
20-24 wilfully false statement or representation or by impersonation or
20-25 other fraudulent device, any assistance on behalf of a child or
21-1 other person to which the child or other person is not entitled, or
21-2 assistance in an amount greater than that to which the child or
21-3 other person is entitled, commits an offense. An offense under
21-4 this section is a Class B misdemeanor. An offense under this
21-5 section that also constitutes an offense under other law may be
21-6 punished under either this section or the other applicable law.
21-7 SECTION 10. Sections 162.102, 162.103, 162.104, 162.105,
21-8 162.106, 162.107, and 162.114, Family Code, as added by H.B. No.
21-9 655, Acts of the 74th Legislature, Regular Session, 1995, are
21-10 repealed.
21-11 SECTION 11. The importance of this legislation and the
21-12 crowded condition of the calendars in both houses create an
21-13 emergency and an imperative public necessity that the
21-14 constitutional rule requiring bills to be read on three several
21-15 days in each house be suspended, and this rule is hereby suspended,
21-16 and that this Act take effect and be in force from and after its
21-17 passage, and it is so enacted.