By Hilderbran, et al. H.B. No. 942
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the AFDC and Medicaid benefits to children born to AFDC
1-3 recipients.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter A, Chapter 31, Human Resources Code,
1-6 is amended by adding Section 31.0036 to read as follows:
1-7 Sec. 31.0036. FINANCIAL ASSISTANCE FOR ADDITIONAL DEPENDENT
1-8 CHILDREN. (a) The department may not provide financial assistance
1-9 under this chapter for the support of a child born to a recipient
1-10 of the assistance at least 10 months after the date on which the
1-11 recipient initially began receiving the assistance if the paternity
1-12 of the dependent child has not been established for the purpose of
1-13 enforcing child support and if the recipient already has two or
1-14 more children.
1-15 (b) Subsection (a) does not apply to a child born to a
1-16 recipient who reapplies for financial assistance after not
1-17 receiving the assistance for the 12 consecutive months preceding
1-18 the date of the reapplication.
1-19 (c) If an adult recipient of financial assistance becomes
1-20 the parent of another child while the recipient is receiving the
1-21 assistance, the department, in computing the amount of the
1-22 financial assistance for the support of the family, shall:
1-23 (1) deduct the earned income disregards allowable
1-24 under federal law; and
2-1 (2) increase the amount of the earned income disregard
2-2 for an employed recipient in an amount that equals 50 percent of
2-3 the amount granted under Section 31.003, adjusted for family size.
2-4 (d) Notwithstanding Subsection (a), the state shall provide
2-5 to the latter-born child:
2-6 (1) child care and other support services provided
2-7 under this chapter to a dependent child; and
2-8 (2) medical assistance under the state Medicaid
2-9 program.
2-10 SECTION 2. If before implementing Section 31.0036, Human
2-11 Resources, as added by this Act, the Texas Department of Human
2-12 Services determines that a waiver or authorization from a federal
2-13 agency is necessary for implementation of that provision, the
2-14 department shall request the waiver and may delay implementing that
2-15 provision until the waiver or authorization is granted.
2-16 SECTION 3. This Act takes effect September 1, 1997, and
2-17 applies only to a child born on or after July 1, 1998, to a
2-18 recipient of financial assistance under Chapter 31, Human Resources
2-19 Code, who, on behalf of another child born to the recipient,
2-20 receives the assistance on or after the effective date of this Act,
2-21 regardless of the date on which eligibility for that assistance was
2-22 determined.
2-23 SECTION 4. The importance of this legislation and the
2-24 crowded condition of the calendars in both houses create an
2-25 emergency and an imperative public necessity that the
2-26 constitutional rule requiring bills to be read on three several
2-27 days in each house be suspended, and this rule is hereby suspended.