79R9361 KLA-D

By:  Veasey                                                       H.B. No. 2790


A BILL TO BE ENTITLED
AN ACT
relating to a subsidized guardianship program to provide financial subsidies to certain grandparents. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. (a) The Department of Family and Protective Services shall conduct a study regarding the feasibility of implementing a subsidized guardianship program using federal funds available under Title IV-E, Social Security Act (42 U.S.C. Section 670 et seq.), under which the department would provide financial subsidies to a person who: (1) is a grandparent or step-grandparent of a child; (2) is 60 years of age or older; (3) resides in the same primary residence as the child; and (4) is the primary caregiver for the child because the child's parents or legal guardians are unable or unwilling to act as the child's primary caregiver, regardless of whether the person has been appointed temporary or permanent managing conservator of the child. (b) If the Department of Family and Protective Services determines that a subsidized guardianship program described by Subsection (a) of this section is feasible, the department shall determine: (1) additional requirements a person must meet to receive a subsidy under the program; (2) the types of subsidies that would be: (A) most useful to persons who would receive subsidies under the program, including whether the subsidies would be one-time or recurring payments; and (B) authorized under federal law; and (3) whether any federal waivers are necessary to implement the program. (c) Not later than December 1, 2006, the Department of Family and Protective Services shall submit a report to the executive commissioner of the Health and Human Services Commission and the presiding officers of the standing committees of the senate and house of representatives having jurisdiction over health and human services programs or family law. The report must include the department's determination regarding the feasibility of implementing a subsidized guardianship program and, if the department determines that the program is feasible, the department's recommendations regarding: (1) the requirements for and types of subsidies that should be offered under the program, as determined under Subsections (b)(1) and (2) of this section; and (2) any legislation necessary to implement the program. SECTION 2. This Act takes effect September 1, 2005.