By Dutton H.B. No. 2103
77R6428 SGA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to presumptive eligibility for financial assistance
1-3 benefits for a person who assumes care of a related dependent
1-4 child.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter B, Chapter 31, Human Resources Code, is
1-7 amended by adding Section 31.0324 to read as follows:
1-8 Sec. 31.0324. PRESUMPTIVE ELIGIBILITY FOR CERTAIN
1-9 APPLICANTS. (a) The department by rule shall develop and implement
1-10 a process of presumptive eligibility determination for an applicant
1-11 who:
1-12 (1) appears to meet the financial and other program
1-13 eligibility criteria for the receipt of assistance under this
1-14 chapter; and
1-15 (2) has assumed the care of a related dependent child
1-16 on an emergency basis because the applicant is unable to locate the
1-17 parent who receives assistance for that child under this chapter.
1-18 (b) The process adopted by the department may allow the
1-19 department to waive or modify requirements related to financial
1-20 assistance and related services, including time limits, child
1-21 support enforcement, paternity establishment, work activity, and
1-22 residency, if application of the requirements would:
1-23 (1) adversely affect the ability of the applicant to
1-24 attain financial independence; or
2-1 (2) prevent the applicant from providing a home and
2-2 support for the dependent child.
2-3 (c) The process adopted must provide that a requirement may
2-4 be waived or modified only after a case-by-case determination of
2-5 good cause and only to the extent necessary considering an
2-6 applicant's circumstances.
2-7 SECTION 2. If before implementing any provision of this Act a
2-8 state agency determines that a waiver or authorization from a
2-9 federal agency is necessary for implementation of that provision,
2-10 the agency affected by the provision shall request the waiver or
2-11 authorization and may delay implementing that provision until the
2-12 waiver or authorization is granted.
2-13 SECTION 3. This Act takes effect September 1, 2001.