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.