BG H.B. 1514 75(R)BILL ANALYSIS


PUBLIC HEALTH
H.B. 1514
By: Thompson
4-30-97
Committee Report (Amended)


BACKGROUND 

Section 81.028, Local Government Code, specifies that the commissioners
courts may  provide for the support of paupers, residents of their county,
who are unable to support themselves.  A county is obligated to provide
health care assistance to eligible  residents only to the extent
prescribed by Chapter 61, Health and Safety Code, but that chapter does
not affect the authority of a commissioners court to provide eligibility
standards or other assistance programs or services that are not covered by
Chapter 61.  The county does not have a mechanism for reimbursement by the
estate of the pauper for services to a pauper.  

PURPOSE

HB 1514 provides a mechanism for a county to seek reimbursement for
services provided from the estate of a pauper who does not have a
surviving spouse, a surviving dependent, or disabled child. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 81.028, Local Government Code, by moving
language from subsection (6) to subsection (7)(b)(1) and (2),  and
creating a new subsection (3) which allows the county to establish a claim
or lien against the estate of the pauper who receives services and later
acquires some assets.  The assets are exempted from this section if the
pauper leaves a spouse or a dependent or disabled child. 

SECTION 2. Effective Date is September 1, 1997.

SECTION 3. Emergency Clause.

EXPLANATION OF AMENDMENTS

This amendment is added to establish the validity of a county's lien
against a pauper's real property through attachment and perfection.