74R10336 MJW-F
By Moncrief S.B. No. 169
Substitute the following for S.B. No. 169:
By Naishtat C.S.S.B. No. 169
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the interstate placement of and assistance to children;
1-3 creating offenses and providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. The heading of Subchapter B, Chapter 162, Family
1-6 Code, as added by House Bill 655, Acts of the 74th Legislature,
1-7 Regular Session, 1995, is amended to read as follows:
1-8 SUBCHAPTER B. INTERSTATE COMPACT ON THE PLACEMENT OF
1-9 CHILDREN<; INTERSTATE COMPACT>
1-10 SECTION 2. Section 162.101, Family Code, as added by House
1-11 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
1-12 amended to read as follows:
1-13 Sec. 162.101. DEFINITIONS. In this subchapter:
1-14 (1) "Appropriate public authorities," with reference
1-15 to this state, means the executive director.
1-16 (2) "Appropriate authority in the receiving state,"
1-17 with reference to this state, means the executive director.
1-18 (3) <"Child" means a person who, by reason of
1-19 minority, is legally subject to parental, guardianship, or similar
1-20 control.>
1-21 <(4) "Child-care facility" means a facility that
1-22 provides care, training, education, custody, treatment, or
1-23 supervision for a minor child who is not related by blood,
1-24 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 House
2-24 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
2-25 redesignated as Section 162.102, Family Code, and amended to read
2-26 as follows:
2-27 Sec. 162.102 <162.108>. ADOPTION OF COMPACT; TEXT. The
3-1 Interstate Compact on the Placement of Children is adopted by this
3-2 state and entered into with all other jurisdictions in form
3-3 substantially as provided by this subchapter. <follows:>
3-4 INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN
3-5 ARTICLE I. PURPOSE AND POLICY
3-6 It is the purpose and policy of the party states to cooperate
3-7 with each other in the interstate placement of children to the end
3-8 that:
3-9 (a) Each child requiring placement shall receive the
3-10 maximum opportunity to be placed in a suitable environment and with
3-11 persons or institutions having appropriate qualifications and
3-12 facilities to provide a necessary and desirable degree and type of
3-13 care.
3-14 (b) The appropriate authorities in a state where a
3-15 child is to be placed may have full opportunity to ascertain the
3-16 circumstances of the proposed placement, thereby promoting full
3-17 compliance with applicable requirements for the protection of the
3-18 child.
3-19 (c) The proper authorities of the state from which the
3-20 placement is made may obtain the most complete information on the
3-21 basis on which to evaluate a projected placement before it is made.
3-22 (d) Appropriate jurisdictional arrangements for the
3-23 care of children will be promoted.
3-24 ARTICLE II. DEFINITIONS
3-25 As used in this compact:
3-26 (a) "Child" means a person who, by reason of minority,
3-27 is legally subject to parental, guardianship, or similar control.
4-1 (b) "Sending agency" means a party state, officer, or
4-2 employee thereof; a subdivision of a party state, or officer or
4-3 employee thereof; a court of a party state; a person, corporation,
4-4 association, charitable agency, or other entity which sends,
4-5 brings, or causes to be sent or brought any child to another party
4-6 state.
4-7 (c) "Receiving state" means the state to which a child
4-8 is sent, brought, or caused to be sent or brought, whether by
4-9 public authorities or private persons or agencies, and whether for
4-10 placement with state or local public authorities or for placement
4-11 with private agencies or persons.
4-12 (d) "Placement" means the arrangement for the care of
4-13 a child in a family free or boarding home or in a child-caring
4-14 agency or institution but does not include any institution caring
4-15 for the mentally ill, mentally defective, or epileptic or any
4-16 institution primarily educational in character, and any hospital or
4-17 other medical facility.
4-18 ARTICLE III. CONDITIONS FOR PLACEMENT
4-19 (a) No sending agency shall send, bring, or cause to be sent
4-20 or brought into any other party state any child for placement in
4-21 foster care or as a preliminary to a possible adoption unless the
4-22 sending agency shall comply with each and every requirement set
4-23 forth in this article and with the applicable laws of the receiving
4-24 state governing the placement of children therein.
4-25 (b) Prior to sending, bringing, or causing any child to be
4-26 sent or brought into a receiving state for placement in foster care
4-27 or as a preliminary to a possible adoption, the sending agency
5-1 shall furnish the appropriate public authorities in the receiving
5-2 state written notice of the intention to send, bring, or place the
5-3 child in the receiving state. The notice shall contain:
5-4 (1) the name, date, and place of birth of the child;
5-5 (2) the identity and address or addresses of the
5-6 parents or legal guardian;
5-7 (3) the name and address of the person, agency, or
5-8 institution to or with which the sending agency proposes to send,
5-9 bring, or place the child;
5-10 (4) a full statement of the reasons for such proposed
5-11 action and evidence of the authority pursuant to which the
5-12 placement is proposed to be made.
5-13 (c) Any public officer or agency in a receiving state which
5-14 is in receipt of a notice pursuant to Paragraph (b) of this article
5-15 may request of the sending agency, or any other appropriate officer
5-16 or agency of or in the sending agency's state, and shall be
5-17 entitled to receive therefrom, such supporting or additional
5-18 information as it may deem necessary under the circumstances to
5-19 carry out the purpose and policy of this compact.
5-20 (d) The child shall not be sent, brought, or caused to be
5-21 sent or brought into the receiving state until the appropriate
5-22 public authorities in the receiving state shall notify the sending
5-23 agency, in writing, to the effect that the proposed placement does
5-24 not appear to be contrary to the interests of the child.
5-25 ARTICLE IV. PENALTY FOR ILLEGAL PLACEMENT
5-26 The sending, bringing, or causing to be sent or brought into
5-27 any receiving state of a child in violation of the terms of this
6-1 compact shall constitute a violation of the laws respecting the
6-2 placement of children of both the state in which the sending agency
6-3 is located or from which it sends or brings the child and of the
6-4 receiving state. Such violation may be punished or subjected to
6-5 penalty in either jurisdiction in accordance with its laws. In
6-6 addition to liability for any such punishment or penalty, any such
6-7 violation shall constitute full and sufficient grounds for the
6-8 suspension or revocation of any license, permit, or other legal
6-9 authorization held by the sending agency which empowers or allows
6-10 it to place or care for children.
6-11 ARTICLE V. RETENTION OF JURISDICTION
6-12 (a) The sending agency shall retain jurisdiction over the
6-13 child sufficient to determine all matters in relation to the
6-14 custody, supervision, care, treatment, and disposition of the child
6-15 which it would have had if the child had remained in the sending
6-16 agency's state, until the child is adopted, reaches majority,
6-17 becomes self-supporting, or is discharged with the concurrence of
6-18 the appropriate authority in the receiving state. Such
6-19 jurisdiction shall also include the power to effect or cause the
6-20 return of the child or its transfer to another location and custody
6-21 pursuant to law. The sending agency shall continue to have
6-22 financial responsibility for support and maintenance of the child
6-23 during the period of the placement. Nothing contained herein shall
6-24 defeat a claim of jurisdiction by a receiving state sufficient to
6-25 deal with an act of delinquency or crime committed therein.
6-26 (b) When the sending agency is a public agency, it may enter
6-27 into an agreement with an authorized public or private agency in
7-1 the receiving state providing for the performance of one or more
7-2 services in respect of such case by the latter as agent for the
7-3 sending agency.
7-4 (c) Nothing in this compact shall be construed to prevent a
7-5 private charitable agency authorized to place children in the
7-6 receiving state from performing services or acting as agent in that
7-7 state for a private charitable agency of the sending state; nor to
7-8 prevent the agency in the receiving state from discharging
7-9 financial responsibility for the support and maintenance of a child
7-10 who has been placed on behalf of the sending agency without
7-11 relieving the responsibility set forth in Paragraph (a) hereof.
7-12 ARTICLE VI. INSTITUTIONAL CARE OF DELINQUENT CHILDREN
7-13 A child adjudicated delinquent may be placed in an
7-14 institution in another party jurisdiction pursuant to this compact
7-15 but no such placement shall be made unless the child is given a
7-16 court hearing on notice to the parent or guardian with opportunity
7-17 to be heard, prior to his being sent to such other party
7-18 jurisdiction for institutional care and the court finds that:
7-19 (1) equivalent facilities for the child are not
7-20 available in the sending agency's jurisdiction; and
7-21 (2) institutional care in the other jurisdiction is in
7-22 the best interest of the child and will not produce undue hardship.
7-23 ARTICLE VII. COMPACT ADMINISTRATOR
7-24 The executive head of each jurisdiction party to this compact
7-25 shall designate an officer who shall be general coordinator of
7-26 activities under this compact in his jurisdiction and who, acting
7-27 jointly with like officers of other party jurisdictions, shall have
8-1 power to promulgate rules and regulations to carry out more
8-2 effectively the terms and provisions of this compact.
8-3 ARTICLE VIII. LIMITATIONS
8-4 This compact shall not apply to:
8-5 (a) the sending or bringing of a child into a
8-6 receiving state by his parent, stepparent, grandparent, adult
8-7 brother or sister, adult uncle or aunt, or his guardian and leaving
8-8 the child with any such relative or nonagency guardian in the
8-9 receiving state; or
8-10 (b) any placement, sending, or bringing of a child
8-11 into a receiving state pursuant to any other interstate compact to
8-12 which both the state from which the child is sent or brought and
8-13 the receiving state are party, or to any other agreement between
8-14 said states which has the force of law.
8-15 ARTICLE IX. ENACTMENT AND WITHDRAWAL
8-16 This compact shall be open to joinder by any state,
8-17 territory, or possession of the United States, the District of
8-18 Columbia, the Commonwealth of Puerto Rico, and, with the consent of
8-19 congress, the government of Canada or any province thereof. It
8-20 shall become effective with respect to any such jurisdiction when
8-21 such jurisdiction has enacted the same into law. Withdrawal from
8-22 this compact shall be by the enactment of a statute repealing the
8-23 same, but shall not take effect until two years after the effective
8-24 date of such statute and until written notice of the withdrawal has
8-25 been given by the withdrawing state to the governor of each other
8-26 party jurisdiction. Withdrawal of a party state shall not affect
8-27 the rights, duties, and obligations under this compact of any
9-1 sending agency therein with respect to a placement made prior to
9-2 the effective date of withdrawal.
9-3 ARTICLE X. CONSTRUCTION AND SEVERABILITY
9-4 The provisions of this compact shall be liberally construed
9-5 to effectuate the purposes thereof. The provisions of this compact
9-6 shall be severable and if any phrase, clause, sentence, or
9-7 provision of this compact is declared to be contrary to the
9-8 constitution of any party state or of the United States or the
9-9 applicability thereof to any government, agency, person, or
9-10 circumstance is held invalid, the validity of the remainder of this
9-11 compact and the applicability thereof to any government, agency,
9-12 person, or circumstance shall not be affected thereby. If this
9-13 compact shall be held contrary to the constitution of any state
9-14 party thereto, the compact shall remain in full force and effect as
9-15 to the remaining states and in full force and effect as to the
9-16 state affected as to all severable matters.
9-17 SECTION 4. Section 162.109, Family Code, as added by House
9-18 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
9-19 redesignated as Section 162.103, Family Code, and is amended to
9-20 read as follows:
9-21 Sec. 162.103 <162.109>. FINANCIAL RESPONSIBILITY FOR CHILD.
9-22 (a) Financial responsibility for a child placed as provided in the
9-23 compact is determined, in the first instance, as provided in
9-24 Article V of the compact. After partial or complete default of
9-25 performance under the provisions of Article V assigning financial
9-26 responsibility, the executive director may bring suit under Chapter
9-27 154 and may file a complaint with the appropriate prosecuting
10-1 attorney, claiming a violation of Section 25.05, Penal Code.
10-2 (b) After default, if the executive director determines that
10-3 financial responsibility is unlikely to be assumed by the sending
10-4 agency or the child's parents, the executive director may <shall>
10-5 cause the child to be returned to the sending agency.
10-6 (c) After default, the department shall assume financial
10-7 responsibility for the child until it is assumed by the child's
10-8 parents or until the child is safely returned to the sending
10-9 agency.
10-10 SECTION 5. Section 162.110, Family Code, as added by House
10-11 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
10-12 redesignated as Section 162.104, Family Code, and amended to read
10-13 as follows:
10-14 Sec. 162.104 <162.110>. APPROVAL OF PLACEMENT <OR
10-15 DISCHARGE>. <(a)> The executive director may not approve the
10-16 placement of a child in this state without the concurrence of the
10-17 individuals with whom the child is proposed to be placed or the
10-18 head of an institution with which the child is proposed to be
10-19 placed.
10-20 <(b) The executive director may not approve the discharge of
10-21 a child placed in a public institution in this state without the
10-22 concurrence of the head of the institution.>
10-23 SECTION 6. Section 162.111, Family Code, as added by House
10-24 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
10-25 redesignated as Section 162.105, Family Code, to read as follows:
10-26 Sec. 162.105 <162.111>. PLACEMENT IN ANOTHER STATE. A
10-27 juvenile court may place a delinquent child in an institution in
11-1 another state as provided by Article VI of the compact. After
11-2 placement in another state, the court retains jurisdiction of the
11-3 child as provided by Article V of the compact.
11-4 SECTION 7. Section 162.112, Family Code, as added by House
11-5 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
11-6 redesignated as Section 162.106, Family Code, and amended to read
11-7 as follows:
11-8 Sec. 162.106 <162.112>. COMPACT AUTHORITY <ADMINISTRATOR>.
11-9 (a) The governor shall appoint the executive director of the
11-10 Department of Protective and Regulatory Services as compact
11-11 administrator.
11-12 (b) The executive director shall designate a deputy compact
11-13 administrator and staff necessary to execute the terms of the
11-14 compact in this state. <If the executive director is unable to
11-15 attend a compact meeting, the executive director may designate a
11-16 department employee to attend the meeting as the executive
11-17 director's representative.>
11-18 SECTION 8. Section 162.113, Family Code, as added by House
11-19 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
11-20 redesignated as Section 162.107, Family Code, and amended to read
11-21 as follows:
11-22 Sec. 162.107 <162.113>. OFFENSES; PENALTIES. (a) An
11-23 individual, agency, corporation, or child-care facility that
11-24 violates a provision of the compact commits an offense. An offense
11-25 under this subsection is a Class B misdemeanor.
11-26 (b) An individual, agency, corporation, child-care facility,
11-27 or child-care institution in this state that violates Article IV of
12-1 the compact commits an offense. An offense under this subsection
12-2 is a Class B misdemeanor. On conviction, the court shall revoke
12-3 any license to operate as a child-care facility or child-care
12-4 institution issued by the department to the entity convicted and
12-5 shall revoke any license or certification of the individual,
12-6 agency, or corporation necessary to practice in the state.
12-7 <APPLICATION OF SUNSET ACT. The office of administrator of the
12-8 Interstate Compact on the Placement of Children is subject to the
12-9 Texas Sunset Act (Chapter 325, Government Code). Unless continued
12-10 in existence as provided by that Act, the office is abolished and
12-11 this subchapter expires September 1, 1999.>
12-12 SECTION 9. Chapter 162, Family Code, as added by House Bill
12-13 655, Acts of the 74th Legislature, Regular Session, 1995, is
12-14 amended by adding Subchapter C to read as follows:
12-15 SUBCHAPTER C. INTERSTATE COMPACT ON ADOPTION AND
12-16 MEDICAL ASSISTANCE
12-17 Sec. 162.201. ADOPTION OF COMPACT; TEXT. The Interstate
12-18 Compact on Adoption and Medical Assistance is adopted by this state
12-19 and entered into with all other jurisdictions joining in the
12-20 compact in form substantially as provided under this subchapter.
12-21 INTERSTATE COMPACT ON ADOPTION AND MEDICAL ASSISTANCE
12-22 ARTICLE I. FINDINGS
12-23 The legislature finds that:
12-24 (a) Finding adoptive families for children for whom
12-25 state assistance is desirable, under Subchapter D, Chapter 162, and
12-26 assuring the protection of the interest of the children affected
12-27 during the entire assistance period require special measures when
13-1 the adoptive parents move to other states or are residents of
13-2 another state.
13-3 (b) The provision of medical and other necessary
13-4 services for children, with state assistance, encounters special
13-5 difficulties when the provision of services takes place in other
13-6 states.
13-7 ARTICLE II. PURPOSES
13-8 The purposes of the compact are to:
13-9 (a) authorize the Department of Protective and
13-10 Regulatory Services, with the concurrence of the Health and Human
13-11 Services Commission, to enter into interstate agreements with
13-12 agencies of other states for the protection of children on behalf
13-13 of whom adoption assistance is being provided by the Department of
13-14 Protective and Regulatory Services; and
13-15 (b) provide procedures for interstate children's
13-16 adoption assistance payments, including medical payments.
13-17 ARTICLE III. DEFINITIONS
13-18 In this compact:
13-19 (a) "Adoption assistance state" means the state that
13-20 signs an adoption assistance agreement in a particular case.
13-21 (b) "Residence state" means the state in which the
13-22 child resides by virtue of the residence of the adoptive parents.
13-23 (c) "State" means a state of the United States, the
13-24 District of Columbia, the Commonwealth of Puerto Rico, the Virgin
13-25 Islands, Guam, the Commonwealth of the Northern Mariana Islands, or
13-26 a territory or possession of or a territory or possession
13-27 administered by the United States.
14-1 ARTICLE IV. COMPACTS AUTHORIZED
14-2 The Department of Protective and Regulatory Services, through
14-3 its executive director, is authorized to develop, participate in
14-4 the development of, negotiate, and enter into one or more
14-5 interstate compacts on behalf of this state with other states to
14-6 implement one or more of the purposes of this compact. An
14-7 interstate compact authorized by this article has the force and
14-8 effect of law.
14-9 ARTICLE V. CONTENTS OF COMPACTS
14-10 A compact entered into under the authority conferred by this
14-11 compact shall contain:
14-12 (1) a provision making the compact available for
14-13 joinder by all states;
14-14 (2) a provision for withdrawal from the compact on
14-15 written notice to the parties, with a period of one year between
14-16 the date of the notice and the effective date of the withdrawal;
14-17 (3) a requirement that protections under the compact
14-18 continue for the duration of the adoption assistance and apply to
14-19 all children and their adoptive parents who on the effective date
14-20 of the withdrawal are receiving adoption assistance from a party
14-21 state other than the one in which they reside and have their
14-22 principal place of abode;
14-23 (4) a requirement that each case of adoption
14-24 assistance to which the compact applies be covered by a written
14-25 adoption assistance agreement between the adoptive parents and the
14-26 state child welfare agency of the state that provides the adoption
14-27 assistance and that the agreement be expressly for the benefit of
15-1 the adopted child and enforceable by the adoptive parents and the
15-2 state agency providing the adoption assistance; and
15-3 (5) other provisions that are appropriate for the
15-4 proper administration of the compact.
15-5 ARTICLE VI. OPTIONAL CONTENTS OF COMPACTS
15-6 A compact entered into under the authority conferred by this
15-7 compact may contain the following provisions, in addition to those
15-8 required under Article V of this compact:
15-9 (1) provisions establishing procedures and entitlement
15-10 to medical, developmental, child-care, or other social services for
15-11 the child in accordance with applicable laws, even if the child and
15-12 the adoptive parents are in a state other than the one responsible
15-13 for or providing the services or the funds to defray part or all of
15-14 the costs thereof; and
15-15 (2) other provisions that are appropriate or
15-16 incidental to the proper administration of the compact.
15-17 ARTICLE VII. MEDICAL ASSISTANCE
15-18 (a) A child with special needs who resides in this state and
15-19 who is the subject of an adoption assistance agreement with another
15-20 state is entitled to receive a medical assistance identification
15-21 from this state on the filing in the state medical assistance
15-22 agency of a certified copy of the adoption assistance agreement
15-23 obtained from the adoption assistance state. In accordance with
15-24 rules of the state medical assistance agency, the adoptive parents,
15-25 at least annually, shall show that the agreement is still in effect
15-26 or has been renewed.
15-27 (b) The state medical assistance agency shall consider the
16-1 holder of a medical assistance identification under this article as
16-2 any other holder of a medical assistance identification under the
16-3 laws of this state and shall process and make payment on claims on
16-4 the holder's account in the same manner and under the same
16-5 conditions and procedures as for other recipients of medical
16-6 assistance.
16-7 (c) The state medical assistance agency shall provide
16-8 coverage and benefits for a child who is in another state and who
16-9 is covered by an adoption assistance agreement made by the
16-10 Department of Protective and Regulatory Services for the coverage
16-11 or benefits, if any, not provided by the residence state. The
16-12 adoptive parents acting for the child may submit evidence of
16-13 payment for services or benefit amounts not payable in the
16-14 residence state and shall be reimbursed for those amounts.
16-15 Services or benefit amounts covered under any insurance or other
16-16 third-party medical contract or arrangement held by the child or
16-17 the adoptive parents may not be reimbursed. The state medical
16-18 assistance agency shall adopt rules implementing this subsection.
16-19 The additional coverage and benefit amounts provided under this
16-20 subsection are for services for which there is no federal
16-21 contribution or services that, if federally aided, are not provided
16-22 by the residence state. The rules shall include procedures for
16-23 obtaining prior approval for services in cases in which prior
16-24 approval is required for the assistance.
16-25 (d) The submission of a false, misleading, or fraudulent
16-26 claim for payment or reimbursement for services or benefits under
16-27 this article or the making of a false, misleading, or fraudulent
17-1 statement in connection with the claim is an offense under this
17-2 subsection if the person submitting the claim or making the
17-3 statement knows or should know that the claim or statement is
17-4 false, misleading, or fraudulent. A person who commits an offense
17-5 under this subsection may be liable for a fine not to exceed
17-6 $10,000 or imprisonment for not more than two years, or both the
17-7 fine and the imprisonment. An offense under this subsection that
17-8 also constitutes an offense under other law may be punished under
17-9 either this subsection or the other applicable law.
17-10 (e) This article applies only to medical assistance for
17-11 children under adoption assistance agreements with states that have
17-12 entered into a compact with this state under which the other state
17-13 provides medical assistance to children with special needs under
17-14 adoption assistance agreements made by this state. All other
17-15 children entitled to medical assistance under adoption assistance
17-16 agreements entered into by this state are eligible to receive the
17-17 medical assistance in accordance with the laws and procedures that
17-18 apply to the agreement.
17-19 ARTICLE VIII. FEDERAL PARTICIPATION
17-20 Consistent with federal law, the Department of Protective and
17-21 Regulatory Services and the Health and Human Services Commission,
17-22 in connection with the administration of this compact or a compact
17-23 authorized by this compact, shall include the provision of adoption
17-24 assistance and medical assistance for which the federal government
17-25 pays some or all of the cost in any state plan made under the
17-26 Adoption Assistance and Child Welfare Act of 1980 (Pub. L. No.
17-27 96-272), Titles IV-E and XIX of the Social Security Act, and other
18-1 applicable federal laws. The Department of Protective and
18-2 Regulatory Services and the Health and Human Services Commission
18-3 shall apply for and administer all relevant federal aid in
18-4 accordance with law.
18-5 Sec. 162.202. AUTHORITY OF DEPARTMENT OF PROTECTIVE AND
18-6 REGULATORY SERVICES. The Department of Protective and Regulatory
18-7 Services, with the concurrence of the Health and Human Services
18-8 Commission, may develop, participate in the development of,
18-9 negotiate, and enter into one or more interstate compacts on behalf
18-10 of this state with other states to implement one or more of the
18-11 purposes of this subchapter. An interstate compact authorized by
18-12 this article has the force and effect of law.
18-13 Sec. 162.203. COMPACT ADMINISTRATION. The executive
18-14 director of the Department of Protective and Regulatory Services
18-15 shall serve as the compact administrator. The administrator shall
18-16 cooperate with all departments, agencies, and officers of this
18-17 state and its subdivisions in facilitating the proper
18-18 administration of the compact and any supplemental agreements
18-19 entered into by this state. The executive director and the
18-20 commissioner of human services shall designate deputy compact
18-21 administrators to represent adoption assistance services and
18-22 medical assistance services provided under Title XIX of the Social
18-23 Security Act.
18-24 Sec. 162.204. SUPPLEMENTARY AGREEMENTS. The compact
18-25 administrator may enter into supplementary agreements with
18-26 appropriate officials of other states under the compact. If a
18-27 supplementary agreement requires or authorizes the use of any
19-1 institution or facility of this state or requires or authorizes the
19-2 provision of a service by this state, the supplementary agreement
19-3 does not take effect until approved by the head of the department
19-4 or agency under whose jurisdiction the institution or facility is
19-5 operated or whose department or agency will be charged with
19-6 rendering the service.
19-7 Sec. 162.205. PAYMENTS BY STATE. The compact administrator,
19-8 subject to the approval of the chief state fiscal officer, may make
19-9 or arrange for payments necessary to discharge financial
19-10 obligations imposed on this state by the compact or by a
19-11 supplementary agreement entered into under the compact.
19-12 Sec. 162.206. PENALTIES. A person who, under a compact
19-13 entered into under this subchapter, knowingly obtains or attempts
19-14 to obtain or aids or abets any person in obtaining, by means of a
19-15 wilfully false statement or representation or by impersonation or
19-16 other fraudulent device, any assistance on behalf of a child or
19-17 other person to which the child or other person is not entitled, or
19-18 assistance in an amount greater than that to which the child or
19-19 other person is entitled, commits an offense. An offense under
19-20 this section is a Class B misdemeanor. An offense under this
19-21 section that also constitutes an offense under other law may be
19-22 punished under either this section or the other applicable law.
19-23 SECTION 10. Sections 162.102-162.107 and 162.114, Family
19-24 Code, as added by House Bill 655, Acts of the 74th Legislature,
19-25 Regular Session, 1995, are repealed.
19-26 SECTION 11. The importance of this legislation and the
19-27 crowded condition of the calendars in both houses create an
20-1 emergency and an imperative public necessity that the
20-2 constitutional rule requiring bills to be read on three several
20-3 days in each house be suspended, and this rule is hereby suspended,
20-4 and that this Act take effect and be in force from and after its
20-5 passage, and it is so enacted.