80R4398 KLA-D

By: Zedler H.B. No. 1132

A BILL TO BE ENTITLED

AN ACT

relating to verifying the eligibility of applicants for state public benefits.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Title 10, Government Code, is amended by adding Subtitle H to read as follows: SUBTITLE H. PROVISION OF STATE PUBLIC BENEFITS CHAPTER 2351. VERIFICATION OF ELIGIBILITY FOR STATE PUBLIC BENEFITS SUBCHAPTER A. GENERAL PROVISIONS

Sec. 2351.001. DEFINITIONS. In this chapter:

(1) "State governmental entity" means this state or any agency of this state. The term does not include an agency of a political subdivision of this state.

(2) "State public benefit" means any public benefit that is:

(A) a state or local public benefit, as that term is defined by 8 U.S.C. Section 1621; and

(B) provided by a state governmental entity using appropriated funds of this state.

Sec. 2351.002. CONFLICTS WITH OTHER LAW. To the extent of a conflict between a provision of this chapter and a provision of any other law, the provision of this chapter prevails. [Sections 2351.003-2351.050 reserved for expansion] SUBCHAPTER B. VERIFICATION OF APPLICANTS' ELIGIBILITY FOR STATE PUBLIC BENEFITS

Sec. 2351.051. COMPLIANCE WITH SUBCHAPTER REQUIRED BEFORE PROVIDING STATE PUBLIC BENEFITS. A state governmental entity may not provide a state public benefit to an individual until the governmental entity complies with this subchapter.

Sec. 2351.052. DOCUMENTATION OF IDENTITY AND OF CITIZENSHIP, NATIONALITY, OR LAWFUL PRESENCE REQUIRED. (a) Except as provided by Section 2351.053, an applicant for a state public benefit shall provide documentation of the applicant's:

(1) identity; and

(2) United States citizenship or nationality, or other lawful presence in the United States.

(b) Except as provided by Section 2351.053, a state governmental entity may not provide a state public benefit to an applicant until the applicant provides the documentation required by Subsection (a) in a form that complies with this subchapter, subject to Section 2351.057.

(c) A state governmental entity shall implement this section without regard to an applicant's race, religion, gender, ethnicity, or national origin.

Sec. 2351.053. EXEMPTION FOR CERTAIN STATE PUBLIC BENEFITS. Section 2351.052 does not apply to the following state public benefits:

(1) a health care item or service that:

(A) is necessary to treat an emergency medical condition, as defined by 42 U.S.C. Section 1396b(v)(3), of the applicant; and

(B) is not related to an organ transplant procedure;

(2) short-term, noncash, in-kind emergency disaster relief;

(3) public health assistance for immunizations or for testing and treatment of symptoms of communicable diseases;

(4) a program, service, or other assistance, including assistance provided through a soup kitchen, crisis counseling and intervention, and short-term shelter, that is specified by the United States Attorney General, in the United States Attorney General's sole and unreviewable discretion after consultation with appropriate federal agencies and departments, that:

(A) delivers in-kind assistance at the community level, including through a public or private nonprofit agency;

(B) does not condition the provision of assistance, the amount of assistance provided, or the cost of the assistance provided on the recipient's income or resources; and

(C) is necessary for the protection of life or safety;

(5) prenatal care; or

(6) any other state public benefit for which lawful presence in the United States is not required by a federal or state law or regulation.

Sec. 2351.054. DOCUMENTATION OF IDENTITY AND OF CITIZENSHIP OR NATIONALITY. (a) An applicant who is a United States citizen or national may provide one of the following documents as proof of both the applicant's identity and citizenship or nationality:

(1) a United States passport;

(2) a certificate of naturalization (federal Form N-550 or N-570);

(3) a certificate of United States citizenship (federal Form N-560 or N-561); or

(4) except as provided by Subsection (c), any other document specified by 42 U.S.C. Section 1396b(x) and applicable federal regulations as acceptable proof under the state Medicaid program of both an applicant's citizenship or nationality and identity.

(b) An applicant who is unable to provide one of the documents listed in Subsection (a) may provide:

(1) as proof of citizenship or nationality, one of the following documents:

(A) a certified copy of the applicant's certificate of birth in the United States;

(B) a certification of birth abroad (federal Form FS-545 or DS-1350);

(C) a United States citizen identification card (federal Form I-97) issued by the former United States Immigration and Naturalization Service;

(D) a report of birth abroad of a United States citizen (federal Form FS-240); or

(E) except as provided by Subsection (c), any other document specified by 42 U.S.C. Section 1396b(x) and applicable federal regulations as acceptable proof under the state Medicaid program of an applicant's citizenship or nationality; and

(2) as proof of identity, one of the following:

(A) a driver's license or a personal identification card issued to the applicant by the Department of Public Safety or a similar document issued to the applicant by an agency of another state if the document contains a photograph of the applicant or a physical description of the applicant sufficient to establish the applicant's identity; or

(B) any other document specified by 42 U.S.C. Section 1396b(x) and applicable federal regulations as acceptable proof under the state Medicaid program of an applicant's identity.

(c) Notwithstanding any other law, a state governmental entity may not accept as proof of citizenship an affidavit by an individual with knowledge of the events or circumstances establishing an applicant's claim of citizenship.

Sec. 2351.055. DOCUMENTATION OF IDENTITY AND LAWFUL PRESENCE. An applicant who is not a United States citizen or national may provide as proof of the applicant's identity and lawful presence in the United States any documentation that is acceptable under the state Medicaid program for those purposes.

Sec. 2351.056. VERIFICATION OF ELIGIBILITY OF CERTAIN APPLICANTS FOR STATE PUBLIC BENEFITS REQUIRED. If an applicant for a state public benefit provides documentation of the applicant's lawful presence in the United States under Section 2351.055, the state governmental entity shall verify eligibility for the benefit using:

(1) the Systematic Alien Verification of Entitlement (SAVE) program operated by the United States Department of Homeland Security; or

(2) a successor program designated by that department.

Sec. 2351.057. ALTERNATE PROCEDURES FOR EFFICIENCY AUTHORIZED. A state governmental entity may adopt rules that provide procedures that vary from the procedures required by this subchapter only if the governmental entity's procedures:

(1) will accurately verify the identity of an applicant and that the applicant is a United States citizen or national or is otherwise lawfully present in the United States and is eligible for the state public benefit for which the applicant is applying; and

(2) improve efficiency or reduce delay in verifying that an applicant is eligible for a state public benefit, as compared to the procedures required by this subchapter. [Sections 2351.058-2351.100 reserved for expansion] SUBCHAPTER C. REPORTING REQUIREMENTS

Sec. 2351.101. REPORTING OF ERRORS AND DELAYS. (a) A state governmental entity shall report to the United States Department of Homeland Security and to the secretary of state any errors made, and any significant delays caused, by the eligibility verification program used under Section 2351.056.

(b) The secretary of state shall monitor the frequency of the errors and delays and submit a report not later than December 1 of each year to the legislature regarding the errors and delays. The report must include a determination of whether the eligibility verification program is wrongfully denying state public benefits to individuals who are lawfully present in the United States.

Sec. 2351.102. ANNUAL COMPLIANCE REPORT. Not later than December 1 of each year, each state governmental entity that administers a state public benefit shall submit to the legislature a report regarding the governmental entity's compliance with this chapter.

SECTION 2. Subtitle H, Title 10, Government Code, as added by this Act, applies to an application for a state public benefit that is pending or filed on or after the effective date of this Act.

SECTION 3. This Act takes effect September 1, 2007.