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.