76R11549 KKA-D                           
         By Maxey, Naishtat                                     H.B. No. 718
         Substitute the following for H.B. No. 718:
         By Naishtat                                        C.S.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 standing in parental relation, as appropriate,
1-22     take all steps necessary to assist the child in preparing an
1-23     application, including obtaining all necessary  medical and
1-24     psychological records, so that an application may be filed at the
 2-1     time the child ceases receiving the benefit of foster care payments
 2-2     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 standing in parental relation, as
2-26     appropriate, was informed of the fee and consented to its
2-27     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)  The council,
4-18     in coordination with the Texas Department of Criminal Justice,
4-19     shall, at the request of the offenders, assist incarcerated
4-20     offenders in applying for and establishing eligibility for federal
4-21     benefits under the supplemental security income program (42 U.S.C.
4-22     Section 1381 et seq.), as amended, or the social security
4-23     disability insurance program (42 U.S.C. Section 401 et seq.), as
4-24     amended, if the offenders are identified as likely to be eligible
4-25     for those benefits when released.  The council and the department
4-26     shall provide assistance throughout the eligibility determination
4-27     process, including the determination of appeals.
 5-1           (b)  In identifying appropriate offenders for assistance, the
 5-2     council and the Texas Department of Criminal Justice shall target
 5-3     areas of this state with low levels of applications for benefits
 5-4     under the programs specified in Subsection (a) and low levels of
 5-5     approval of submitted applications.
 5-6           (c)  The council and the Texas Department of Criminal Justice
 5-7     shall develop and implement a tracking system to monitor
 5-8     applications submitted by offenders with assistance under this
 5-9     section for benefits under the programs specified in Subsection
5-10     (a). The system must record information on the number of
5-11     applications submitted, whether those applications were approved or
5-12     denied, and, if denied, the reasons for denial.
5-13           (d)  The council and the Texas Department of Criminal Justice
5-14     may:
5-15                 (1)  perform the duties imposed by this section
5-16     in-house, using only council and department personnel;
5-17                 (2)  contract with a person for assistance in
5-18     performing the duties imposed by this section; or
5-19                 (3)  participate in an existing contract between
5-20     another state agency and a person under which similar assistance is
5-21     provided to the state.
5-22           (e)  If the council and the Texas Department of Criminal
5-23     Justice contract for assistance under this section, the council and
5-24     the department may authorize the contractor to collect a fee in an
5-25     amount specified in the contract from an offender who receives
5-26     benefits as a result of assistance provided by the contractor.  The
5-27     fee may be collected only if the offender was informed of the fee
 6-1     and consented to its collection before receiving assistance.
 6-2           SECTION 4.  Subchapter C, Chapter 141, Human Resources Code,
 6-3     is amended by adding Section 141.0521 to read as follows:
 6-4           Sec. 141.0521.  ELIGIBILITY FOR SUPPLEMENTAL SECURITY INCOME.
 6-5     (a)  The commission shall:
 6-6                 (1)  identify children in the juvenile justice system
 6-7     who may be eligible for federal benefits under the supplemental
 6-8     security income program (42 U.S.C.  Section 1381 et seq.), as
 6-9     amended; and
6-10                 (2)  at the request of the potentially eligible
6-11     children, their parents, or other persons standing in parental
6-12     relation, as appropriate, assist those children throughout the
6-13     eligibility determination process, including the determination of
6-14     appeals, in applying for and obtaining benefits under that program.
6-15           (b)  The commission shall develop and implement a tracking
6-16     system to monitor applications submitted by children with
6-17     assistance under this section for benefits under the supplemental
6-18     security income program. The system must record information on the
6-19     number of applications submitted, whether those applications were
6-20     approved or denied, and, if denied, the reasons for denial.
6-21           (c)  The commission may:
6-22                 (1)  perform the duties imposed by this section
6-23     in-house, using only commission personnel;
6-24                 (2)  contract with a person for assistance in
6-25     performing the duties imposed by this section; or
6-26                 (3)  participate in an existing contract between a
6-27     state agency and a person under which similar assistance is
 7-1     provided to the state.
 7-2           (d)  If the commission contracts for assistance under this
 7-3     section, the commission may authorize the contractor to collect a
 7-4     fee in an amount specified in the contract from a child who
 7-5     receives benefits as a result of assistance provided by the
 7-6     contractor.  The fee may be collected only if the child, the
 7-7     child's parent, or another person standing in parental relation, as
 7-8     appropriate, was informed of the fee and consented to its
 7-9     collection before receiving assistance.
7-10           SECTION 5.  (a)  Not later than February 1, 2001, the
7-11     Department of Protective and Regulatory Services shall submit to
7-12     the legislature a report relating to the assistance provided by the
7-13     department to certain children in applying for and establishing
7-14     eligibility for federal benefits, as required by Section 264.113,
7-15     Family Code, as added by this Act.  The report must include
7-16     recommendations for improving the procedures for establishing a
7-17     child's eligibility for federal benefits.
7-18           (b)  Not later than February 1, 2001, the Texas Department of
7-19     Mental Health and Mental Retardation shall submit to the
7-20     legislature a report relating to the assistance provided by the
7-21     department to patients and clients in applying for and establishing
7-22     eligibility for federal benefits, as required by Section 533.018,
7-23     Health and Safety Code, as added by this Act.  The report must
7-24     include recommendations for improving the procedures for
7-25     establishing the eligibility of patients and clients for federal
7-26     benefits.
7-27           (c)  Not later than February 1, 2001, the Texas Council on
 8-1     Offenders with Mental Impairments and the Texas Department of
 8-2     Criminal Justice shall jointly submit to the legislature a report
 8-3     relating to the assistance provided by the council and the
 8-4     department to offenders in applying for and establishing
 8-5     eligibility for federal benefits, as required by Section 614.019,
 8-6     Health and Safety Code, as added by this Act.  The report must
 8-7     include recommendations for improving the procedures for
 8-8     establishing an offender's eligibility for federal benefits.
 8-9           (d)  Not later than February 1, 2001, the Texas Juvenile
8-10     Probation Commission shall submit to the legislature a report
8-11     relating to the assistance provided by the commission to children
8-12     in applying for and establishing eligibility for federal benefits,
8-13     as required by Section 141.0521, Human Resources Code, as added by
8-14     this Act.  The report must include recommendations for improving
8-15     the procedures for establishing a child's eligibility for federal
8-16     benefits.
8-17           SECTION 6.  The importance of this legislation and the
8-18     crowded condition of the calendars in both houses create an
8-19     emergency and an imperative public necessity that the
8-20     constitutional rule requiring bills to be read on three several
8-21     days in each house be suspended, and this rule is hereby suspended,
8-22     and that this Act take effect and be in force from and after its
8-23     passage, and it is so enacted.