By Oliveira                                           H.B. No. 1422
         77R4010 KLA-D                           
                                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 QUALIFIED ALIENS. (a)
 1-8     The department shall provide medical assistance to a person who:
 1-9                 (1)  is a qualified alien, as defined by 8 U.S.C.
1-10     Section 1641(b), as amended;
1-11                 (2)  meets all eligibility requirements of the medical
1-12     assistance program but is ineligible for that assistance solely
1-13     because of 8 U.S.C. Section 1612, as amended;
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 medical assistance in the form of prenatal care, child
1-20     delivery care, and obstetrical care related to prenatal care and
1-21     child delivery care to a person who is pregnant and is ineligible
1-22     for medical assistance under Subsection (a) solely because the
1-23     person does not meet the requirement of Subsection (a)(4).  The
1-24     department shall comply with any prerequisite imposed under the
 2-1     federal law to providing medical assistance under this subsection.
 2-2           SECTION 2. If before implementing any provision of this Act a
 2-3     state agency determines that a waiver or authorization from a
 2-4     federal agency is necessary for implementation of that provision,
 2-5     the agency affected by the provision shall request the waiver or
 2-6     authorization and may delay implementing that provision until the
 2-7     waiver or authorization is granted.
 2-8           SECTION 3. This Act takes effect September 1, 2001.