77R11762 SGA-D                           
         By Dutton                                             H.B. No. 2103
         Substitute the following for H.B. No. 2103:
         By Naishtat                                       C.S.H.B. No. 2103
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to allowing a grandparent to receive financial assistance
 1-3     benefits on behalf of a dependent child in certain situations.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter B, Chapter 31, Human Resources Code,
 1-6     is amended by adding Section 31.0324 to read as follows:
 1-7           Sec. 31.0324.  ASSIGNMENT OF PROTECTIVE PAYEE.  (a)  In this
 1-8     section, "protective payee" means a person who:
 1-9                 (1)  is interested in or concerned with the welfare of
1-10     a child or relative of a child receiving financial assistance; and
1-11                 (2)  acts for the recipient of financial assistance in
1-12     receiving or managing the financial assistance payment.
1-13           (b)  The department by rule shall develop and implement a
1-14     process that provides for the grandparent of a child receiving
1-15     financial assistance under this chapter to serve as a protective
1-16     payee to:
1-17                 (1)  receive and use the assistance on behalf of the
1-18     child and the child's parent; and
1-19                 (2)  apply for financial assistance and be interviewed
1-20     instead of the child's parent at any subsequent review of
1-21     eligibility required by the department.
1-22           (c)  The department shall:
1-23                 (1)  limit the use of the process established by
1-24     Subsection (b) to situations in which the department determines the
 2-1     parent is not using the assistance for the child's needs as
 2-2     required by Section 31.0355(a); and
 2-3                 (2)  establish by rule the circumstances under which
 2-4     the grandparent may be removed as a protective payee.
 2-5           SECTION 2.  If before implementing any provision of this Act
 2-6     a state agency determines that a waiver or authorization from a
 2-7     federal agency is necessary for implementation of that provision,
 2-8     the agency affected by the provision shall request the waiver or
 2-9     authorization and may delay implementing that provision until the
2-10     waiver or authorization is granted.
2-11           SECTION 3.  This Act takes effect September 1, 2001.