By Maxey, Naishtat                                     H.B. No. 718
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to assistance for certain persons in obtaining benefits
 1-3     under certain federal social security programs.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter B, Chapter 264, Family Code, is
 1-6     amended by adding Section 264.113 to read as follows:
 1-7           Sec. 264.113.  ELIGIBILITY FOR SUPPLEMENTAL SECURITY INCOME.
 1-8     (a)  The department shall assist a child receiving foster care
 1-9     under this chapter in applying for and establishing eligibility
1-10     under the supplemental security income program (42 U.S.C. Section
1-11     1381 et seq.), as amended, if the child:
1-12                 (1)  is at least 17 years of age;
1-13                 (2)  has not previously applied for benefits under that
1-14     program; and
1-15                 (3)  according to the department's evaluation, would
1-16     likely be eligible under that program if foster care payments from
1-17     another funding source were not being made on behalf of the child.
1-18           (b)  If required to provide assistance to a child under
1-19     Subsection (a), the department shall:
1-20                 (1)  at the request of the child, the child's parent,
1-21     or another person authorized under state law to act as the child's
1-22     parent, as appropriate, take all steps necessary to assist the
1-23     child in preparing an application, including obtaining all
1-24     necessary  medical and psychological records, so that an
 2-1     application may be filed at the time the child ceases receiving the
 2-2     benefit of foster care payments from another funding source; and
 2-3                 (2)  assist the child throughout the eligibility
 2-4     determination process, including the determination of appeals,
 2-5     regardless of the child's age or legal status as an adult.
 2-6           (c)  The department shall develop and implement a tracking
 2-7     system to monitor applications submitted by children with
 2-8     assistance under this section for benefits under the supplemental
 2-9     security income program. The system must record information on the
2-10     number of applications submitted, whether those applications were
2-11     approved or denied, and, if denied, the reasons for denial.
2-12           (d)  The department may:
2-13                 (1)  perform the duties imposed by this section
2-14     in-house, using only department personnel;
2-15                 (2)  contract with a person for assistance in
2-16     performing the duties imposed by this section; or
2-17                 (3)  participate in an existing contract between a
2-18     state agency and a person under which similar assistance is
2-19     provided to the state.
2-20           (e)  If the department contracts for assistance under this
2-21     section, the department may authorize the contractor to collect a
2-22     fee in an amount specified in the contract from a child who
2-23     receives benefits as a result of assistance provided by the
2-24     contractor.  The fee may be collected only if the child, the
2-25     child's parent, or another person authorized under state law to act
2-26     as the child's parent, as appropriate, was informed of the fee and
2-27     consented to its collection before receiving assistance.
 3-1           SECTION 2.  Subchapter A, Chapter 533, Health and Safety
 3-2     Code, is amended by adding Section 533.018 to read as follows:
 3-3           Sec. 533.018.  FEDERAL BENEFIT PROGRAMS.  (a)  At the request
 3-4     of the appropriate patients or clients, or persons legally
 3-5     authorized to act on their behalf, the department shall assist
 3-6     those patients or clients receiving services from a community
 3-7     center or department facility in applying for and establishing
 3-8     eligibility for federal benefits under the supplemental security
 3-9     income program (42 U.S.C. Section 1381 et seq.), as amended, or the
3-10     social security disability insurance program (42 U.S.C. Section 401
3-11     et seq.), as amended.  The department shall provide assistance
3-12     throughout the eligibility determination process, including the
3-13     determination of appeals.
3-14           (b)  In identifying appropriate patients or clients for
3-15     assistance under this section, the department shall target areas of
3-16     this state with low levels of applications for benefits under the
3-17     programs specified in Subsection (a) and low levels of approval of
3-18     submitted applications.
3-19           (c)  The department shall develop and implement a tracking
3-20     system to monitor applications submitted by department patients and
3-21     clients with assistance under this section for benefits under the
3-22     programs specified in Subsection (a). The system must record
3-23     information on the number of applications submitted, whether those
3-24     applications were approved or denied, and, if denied, the reasons
3-25     for denial.
3-26           (d)  The department may:
3-27                 (1)  perform the duties imposed by this section
 4-1     in-house, using only department personnel;
 4-2                 (2)  contract with a person for assistance in
 4-3     performing the duties imposed by this section; or
 4-4                 (3)  participate in an existing contract between
 4-5     another state agency and a person under which similar assistance is
 4-6     provided to the state.
 4-7           (e)  If the department contracts for assistance under this
 4-8     section, the department may authorize the contractor to collect a
 4-9     fee in an amount specified in the contract from a patient or client
4-10     who receives benefits as a result of assistance provided by the
4-11     contractor.  The fee may be collected only if the patient or client
4-12     or a person legally authorized to act on behalf of the patient or
4-13     client was informed of the fee and consented to its collection
4-14     before receiving assistance.
4-15           SECTION 3.  Chapter 614, Health and Safety Code, is amended
4-16     by adding Section 614.019 to read as follows:
4-17           Sec. 614.019.  FEDERAL BENEFIT PROGRAMS.  (a)  Except as
4-18     provided by Subsection (b), the council, in coordination with the
4-19     Texas Department of Criminal Justice, shall, at the request of
4-20     incarcerated offenders who are mentally impaired, elderly,
4-21     physically disabled, terminally ill, or significantly ill, assist
4-22     those offenders in applying for and establishing eligibility for
4-23     federal benefits under the supplemental security income program (42
4-24     U.S.C. Section 1381 et seq.), as amended, or the social security
4-25     disability insurance program (42 U.S.C. Section 401 et seq.), as
4-26     amended, if the offenders are identified as likely to be eligible
4-27     for those benefits when released.  The council and the department
 5-1     shall provide assistance throughout the eligibility determination
 5-2     process, including the determination of appeals.
 5-3           (b)  Assistance may not be provided under this section to an
 5-4     offender if the basis of the offender's eligibility for the
 5-5     specified federal benefits arose in whole or in part, directly or
 5-6     indirectly, from the conduct for which the offender was
 5-7     incarcerated or resulted in whole or in part, directly or
 5-8     indirectly, from the offender's drug or alcohol abuse or addiction.
 5-9           (c)  The assistance provided under this section is intended
5-10     only to assist an offender in receiving the specified federal
5-11     benefits that the offender may be eligible to receive under federal
5-12     law when released from incarceration, and this section does not
5-13     authorize an offender to receive those federal benefits while
5-14     incarcerated.
5-15           (d)  Unless otherwise expressly provided by federal law, an
5-16     offender may not receive federal benefits, including benefits under
5-17     the programs specified in Subsection (a), while incarcerated.
5-18           (e)  In identifying appropriate offenders for assistance, the
5-19     council and the Texas Department of Criminal Justice shall target
5-20     areas of this state with low levels of applications for benefits
5-21     under the programs specified in Subsection (a) and low levels of
5-22     approval of submitted applications.
5-23           (f)  The council and the Texas Department of Criminal Justice
5-24     shall develop and implement a tracking system to monitor
5-25     applications submitted by offenders with assistance under this
5-26     section for benefits under the programs specified in Subsection
5-27     (a). The system must record information on the number of
 6-1     applications submitted, whether those applications were approved or
 6-2     denied, and, if denied, the reasons for denial.
 6-3           (g)  The council and the Texas Department of Criminal Justice
 6-4     may:
 6-5                 (1)  perform the duties imposed by this section
 6-6     in-house, using only council and department personnel;
 6-7                 (2)  contract with a person for assistance in
 6-8     performing the duties imposed by this section; or
 6-9                 (3)  participate in an existing contract between
6-10     another state agency and a person under which similar assistance is
6-11     provided to the state.
6-12           (h)  If the council and the Texas Department of Criminal
6-13     Justice contract for assistance under this section, the council and
6-14     the department may authorize the contractor to collect a fee in an
6-15     amount specified in the contract from an offender who receives
6-16     benefits as a result of assistance provided by the contractor.  The
6-17     fee may be collected only if the offender was informed of the fee
6-18     and consented to its collection before receiving assistance.
6-19           SECTION 4.  Subchapter C, Chapter 141, Human Resources Code,
6-20     is amended by adding Section 141.0521 to read as follows:
6-21           Sec. 141.0521.  ELIGIBILITY FOR SUPPLEMENTAL SECURITY INCOME.
6-22     (a)  The commission shall:
6-23                 (1)  identify children in the juvenile justice system
6-24     who may be eligible for federal benefits under the supplemental
6-25     security income program (42 U.S.C.  Section 1381 et seq.), as
6-26     amended; and
6-27                 (2)  at the request of the potentially eligible
 7-1     children, their parents, or other persons  authorized under state
 7-2     law to act as the children's parents, as appropriate, assist those
 7-3     children throughout the eligibility determination process,
 7-4     including the determination of appeals, in applying for and
 7-5     obtaining benefits under that program.
 7-6           (b)  The commission shall develop and implement a tracking
 7-7     system to monitor applications submitted by children with
 7-8     assistance under this section for benefits under the supplemental
 7-9     security income program. The system must record information on the
7-10     number of applications submitted, whether those applications were
7-11     approved or denied, and, if denied, the reasons for denial.
7-12           (c)  The commission may:
7-13                 (1)  perform the duties imposed by this section
7-14     in-house, using only commission personnel;
7-15                 (2)  contract with a person for assistance in
7-16     performing the duties imposed by this section; or
7-17                 (3)  participate in an existing contract between a
7-18     state agency and a person under which similar assistance is
7-19     provided to the state.
7-20           (d)  If the commission contracts for assistance under this
7-21     section, the commission may authorize the contractor to collect a
7-22     fee in an amount specified in the contract from a child who
7-23     receives benefits as a result of assistance provided by the
7-24     contractor.  The fee may be collected only if the child, the
7-25     child's parent, or another person authorized under state law to act
7-26     as the child's parent, as appropriate, was informed of the fee and
7-27     consented to its collection before receiving assistance.
 8-1           SECTION 5.  (a)  Not later than February 1, 2001, the
 8-2     Department of Protective and Regulatory Services shall submit to
 8-3     the legislature a report relating to the assistance provided by the
 8-4     department to certain children in applying for and establishing
 8-5     eligibility for federal benefits, as required by Section 264.113,
 8-6     Family Code, as added by this Act.  The report must include
 8-7     recommendations for improving the procedures for establishing a
 8-8     child's eligibility for federal benefits.
 8-9           (b)  Not later than February 1, 2001, the Texas Department of
8-10     Mental Health and Mental Retardation shall submit to the
8-11     legislature a report relating to the assistance provided by the
8-12     department to patients and clients in applying for and establishing
8-13     eligibility for federal benefits, as required by Section 533.018,
8-14     Health and Safety Code, as added by this Act.  The report must
8-15     include recommendations for improving the procedures for
8-16     establishing the eligibility of patients and clients for federal
8-17     benefits.
8-18           (c)  Not later than February 1, 2001, the Texas Council on
8-19     Offenders with Mental Impairments and the Texas Department of
8-20     Criminal Justice shall jointly submit to the legislature a report
8-21     relating to the assistance provided by the council and the
8-22     department to offenders in applying for and establishing
8-23     eligibility for federal benefits, as required by Section 614.019,
8-24     Health and Safety Code, as added by this Act.  The report must
8-25     include recommendations for improving the procedures for
8-26     establishing an offender's eligibility for federal benefits.
8-27           (d)  Not later than February 1, 2001, the Texas Juvenile
 9-1     Probation Commission shall submit to the legislature a report
 9-2     relating to the assistance provided by the commission to children
 9-3     in applying for and establishing eligibility for federal benefits,
 9-4     as required by Section 141.0521, Human Resources Code, as added by
 9-5     this Act.  The report must include recommendations for improving
 9-6     the procedures for establishing a child's eligibility for federal
 9-7     benefits.
 9-8           SECTION 6.  The importance of this legislation and the
 9-9     crowded condition of the calendars in both houses create an
9-10     emergency and an imperative public necessity that the
9-11     constitutional rule requiring bills to be read on three several
9-12     days in each house be suspended, and this rule is hereby suspended,
9-13     and that this Act take effect and be in force from and after its
9-14     passage, and it is so enacted.