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A BILL TO BE ENTITLED
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AN ACT
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relating to eligibility for health benefits coverage for certain |
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children; providing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 62.101(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) A child is eligible for health benefits coverage under |
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the child health plan if the child: |
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(1) is younger than 19 years of age; |
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(2) is not eligible for medical assistance under the |
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Medicaid program; |
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(3) is not covered by a health benefits plan offering |
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adequate benefits, as determined by the commission; |
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(4) has a family income that is less than or equal to |
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the income eligibility level established under Subsection (b); |
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[and] |
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(5) presents proof of United States citizenship in the |
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form of a certified copy of the child's birth certificate, United |
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States passport, or certificate of naturalization; and |
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(6) satisfies any other eligibility standard imposed |
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under the child health plan program in accordance with 42 U.S.C. |
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Section 1397bb, as amended, and any other applicable law or |
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regulations. |
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SECTION 2. Section 37.10(c), Penal Code, is amended by |
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amending Subdivision (1) and adding Subdivision (4) to read as |
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follows: |
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(1) Except as provided by Subdivisions (2), [and] (3), |
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and (4) and by Subsection (d), an offense under this section is a |
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Class A misdemeanor unless the actor's intent is to defraud or harm |
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another, in which event the offense is a state jail felony. |
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(4) An offense under this section is a Class B |
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misdemeanor if it is shown on the trial of the offense that the |
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governmental record is a governmental record that is required to |
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establish eligibility for health benefits coverage under Chapter |
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62, Health and Safety Code, and was used by the actor to establish |
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the citizenship of a child. |
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SECTION 3. Section 62.105, Health and Safety Code, and |
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Chapter 63, Health and Safety Code, are repealed. |
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SECTION 4. The changes in law made by this Act apply only to |
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a determination of eligibility for health benefits coverage under |
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Chapter 62, Health and Safety Code, as amended by this Act, made on |
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or after the effective date of this Act. |
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SECTION 5. This Act takes effect September 1, 2007. |