1-1     By:  Dutton, Lewis of Tarrant                         H.B. No. 2103
 1-2         (Senate Sponsor - Shapleigh)
 1-3           (In the Senate - Received from the House May 1, 2001;
 1-4     May 2, 2001, read first time and referred to Committee on Health
 1-5     and Human Services; May 8, 2001, reported favorably by the
 1-6     following vote:  Yeas 8, Nays 0; May 8, 2001, sent to printer.)
 1-7                            A BILL TO BE ENTITLED
 1-8                                   AN ACT
 1-9     relating to allowing a grandparent to receive financial assistance
1-10     benefits on behalf of a dependent child in certain situations.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Subchapter B, Chapter 31, Human Resources Code,
1-13     is amended by adding Section 31.0324 to read as follows:
1-14           Sec. 31.0324.  ASSIGNMENT OF PROTECTIVE PAYEE.  (a)  In this
1-15     section, "protective payee" means a person who:
1-16                 (1)  is interested in or concerned with the welfare of
1-17     a child or relative of a child receiving financial assistance; and
1-18                 (2)  acts for the recipient of financial assistance in
1-19     receiving or managing the financial assistance payment.
1-20           (b)  The department by rule shall develop and implement a
1-21     process that provides for the grandparent of a child receiving
1-22     financial assistance under this chapter to serve as a protective
1-23     payee to:
1-24                 (1)  receive and use the assistance on behalf of the
1-25     child; and
1-26                 (2)  apply for financial assistance and be interviewed
1-27     instead of the child's parent at any subsequent review of
1-28     eligibility required by the department.
1-29           (c)  The department shall:
1-30                 (1)  limit the use of the process established by
1-31     Subsection (b) to situations in which the department determines the
1-32     parent is not using the assistance for the child's needs as
1-33     required by Section 31.0355(a); and
1-34                 (2)  establish by rule the circumstances under which
1-35     the grandparent may be removed as a protective payee.
1-36           SECTION 2.  If before implementing any provision of this Act
1-37     a state agency determines that a waiver or authorization from a
1-38     federal agency is necessary for implementation of that provision,
1-39     the agency affected by the provision shall request the waiver or
1-40     authorization and may delay implementing that provision until the
1-41     waiver or authorization is granted.
1-42           SECTION 3.  This Act takes effect September 1, 2001.
1-43                                  * * * * *