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.