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78R2133 KEG-D

By:  Delisi                                                       H.B. No. 728



A BILL TO BE ENTITLED

AN ACT

relating to the continuous eligibility of certain children for 
medical assistance benefits.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 10(c), Chapter 584, Acts of the 77th 
Legislature, Regular Session, 2001, is amended to read as follows:
	(c)  The Health and Human Services Commission or the 
appropriate state agency operating part of the medical assistance 
program under Chapter 32, Human Resources Code, shall adopt rules 
required by Section 32.0261, Human Resources Code, as added by this 
Act, so that the rules take effect in accordance with that section 
not earlier than September 1, 2005 [2002, or later than June 1, 
2003].  The rules must provide for a 12-month period of continuous 
eligibility in accordance with that section for a child whose 
initial or continued eligibility is determined on or after the 
effective date of the rules.
	SECTION 2.  If before implementing any provision of this Act 
a state agency determines that a waiver or authorization from a 
federal agency is necessary for implementation of that provision, 
the agency affected by the provision shall request the waiver or 
authorization and may delay implementing that provision until the 
waiver or authorization is granted.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.