77R11509 E                           
         By Oliveira, Naishtat                                 H.B. No. 1422
         Substitute the following for H.B. No. 1422:
         By Coleman                                        C.S.H.B. No. 1422
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the provision of medical assistance to certain legal
 1-3     immigrants.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Subchapter B, Chapter 32, Human Resources Code, is
 1-6     amended by adding Section 32.0247 to read as follows:
 1-7           Sec. 32.0247.  ELIGIBILITY OF CERTAIN ALIENS. (a)  The
 1-8     department shall provide medical assistance in accordance with 8
 1-9     U.S.C. Section 1612(b), as amended, to a person who:
1-10                 (1)  is a qualified alien, as defined by 8 U.S.C.
1-11     Sections 1641(b) and (c), as amended;
1-12                 (2)  meets the eligibility requirements of the medical
1-13     assistance program;
1-14                 (3)  entered the United States on or after August 22,
1-15     1996; and
1-16                 (4)  has resided in the United States for a period of
1-17     five years after the date the person entered as a qualified alien.
1-18           (b)  If authorized by federal law, the department shall
1-19     provide pregnancy-related medical assistance to the maximum extent
1-20     permitted by the federal law to a person who is pregnant and is a
1-21     lawfully present alien as defined by 8 C.F.R. Section 103.12, as
1-22     amended, including a battered alien under 8 U.S.C. Section 1641(c),
1-23     as amended, regardless of the date on which the person entered the
1-24     United States.  The department shall comply with any prerequisite
 2-1     imposed under the federal law for providing medical assistance
 2-2     under this subsection.
 2-3           SECTION 2. The Health and Human Services Commission or an
 2-4     agency operating part of the medical assistance program under
 2-5     Chapter 32, Human Resources Code, is not required to implement this
 2-6     Act unless a specific appropriation for the implementation is
 2-7     provided in the General Appropriations Act, Acts of the 77th
 2-8     Legislature, Regular Session, 2001.
 2-9           SECTION 3. If before implementing any provision of this Act a
2-10     state agency determines that a waiver or authorization from a
2-11     federal agency is necessary for implementation of that provision,
2-12     the agency affected by the provision shall request the waiver or
2-13     authorization and may delay implementing that provision until the
2-14     waiver or authorization is granted.
2-15           SECTION 4. This Act takes effect September 1, 2001.