1-1     By:  Nixon                                             S.B. No. 775

 1-2           (In the Senate - Filed February 25, 1997; March 3, 1997, read

 1-3     first time and referred to Committee on Health and Human Services;

 1-4     April 28, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 9, Nays 1; April 28, 1997,

 1-6     sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 775                    By:  Nixon

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to eligibility for certain public assistance administered

1-11     by health and human services agencies.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  Subchapter B, Chapter 531, Government Code, is

1-14     amended by adding Section 531.047 to read as follows:

1-15           Sec. 531.047.  DOCUMENTS NECESSARY FOR ELIGIBILITY

1-16     DETERMINATION.  (a)  Except as provided by Subsection (b), a health

1-17     and human services agency may not provide financial assistance

1-18     under Chapter 31, Human Resources Code, or medical assistance under

1-19     Chapter 32, Human Resources Code, to a person who fails to provide

1-20     to the agency a document necessary to determine eligibility for the

1-21     assistance.

1-22           (b)  A health and human services agency may accept alternate

1-23     documents and use alternate verification methods that are adequate

1-24     to establish the eligibility of a person for the assistance if the

1-25     agency does not require another person to produce a document.

1-26           (c)  This section does not apply to a determination of

1-27     eligibility that is required to be postponed under state or federal

1-28     law.

1-29           SECTION 2.  If before implementing a provision of this Act

1-30     the Health and Human Services Commission determines that a waiver

1-31     or authorization from a federal agency is necessary for

1-32     implementation, the commission shall request the waiver or

1-33     authorization and may delay implementing that provision until the

1-34     waiver or authorization is granted.

1-35           SECTION 3.  This Act takes effect September 1, 1997, and

1-36     applies only to a person who applies for or receives financial

1-37     assistance under Chapter 31, Human Resources Code, or medical

1-38     assistance under Chapter 32, Human Resources Code, on or after that

1-39     date, regardless of the date on which eligibility for the

1-40     assistance is determined.

1-41           SECTION 4.  The importance of this legislation and the

1-42     crowded condition of the calendars in both houses create an

1-43     emergency and an imperative public necessity that the

1-44     constitutional rule requiring bills to be read on three several

1-45     days in each house be suspended, and this rule is hereby suspended.

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