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.