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Amend Floor Amendment No. 36 to CSSB 23 (page 83, prefiled amendments packet), on page 1 of the amendment, as follows:
(1) On line 2, strike "SECTION" and substitute "SECTIONS".
(2) Immediately following line 28, add the following:
SECTION ____. Subchapter B, Chapter 531, Government Code, is amended by adding Sections 531.024181 and 531.024182 to read as follows:
Sec. 531.024181. VERIFICATION OF IMMIGRATION STATUS OF APPLICANTS FOR CERTAIN BENEFITS WHO ARE QUALIFIED ALIENS. (a) This section applies only with respect to the following benefits programs:
(1) the child health plan program under Chapter 62, Health and Safety Code;
(2) the financial assistance program under Chapter 31, Human Resources Code;
(3) the medical assistance program under Chapter 32, Human Resources Code; or
(4) the nutritional assistance program under Chapter 33, Human Resources Code.
(b) If, at the time of application for benefits under a program to which this section applies, a person states that the person is a qualified alien, as that term is defined by 8 U.S.C. Section 1641(b), the commission shall, to the extent allowed by federal law, verify information regarding the immigration status of the person using an automated system or systems where available.
(c) The executive commissioner shall adopt rules necessary to implement this section.
(d) Nothing in this section adds to or changes the eligibility requirements for any of the benefits programs to which this section applies.
Sec. 531.024182. VERIFICATION OF SPONSORSHIP INFORMATION FOR CERTAIN BENEFITS RECIPIENTS; REIMBURSEMENT. (a) In this section, "sponsored alien" means a person who has been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.) and who, as a condition of admission, was sponsored by a person who executed an affidavit of support on behalf of the person.
(b) If, at the time of application for benefits, a person stated that the person is a sponsored alien, the commission may, to the extent allowed by federal law, verify information relating to the sponsorship, using an automated system or systems where available, after the person is determined eligible for and begins receiving benefits under any of the following benefits programs:
(1) the child health plan program under Chapter 62, Health and Safety Code;
(2) the financial assistance program under Chapter 31, Human Resources Code;
(3) the medical assistance program under Chapter 32, Human Resources Code; or
(4) the nutritional assistance program under Chapter 33, Human Resources Code.
(c) If the commission verifies that a person who receives benefits under a program listed in Subsection (b) is a sponsored alien, the commission may seek reimbursement from the person's sponsor for benefits provided to the person under those programs to the extent allowed by federal law, provided the commission determines that seeking reimbursement is cost-effective.
(d) If, at the time a person applies for benefits under a program listed in Subsection (b), the person states that the person is a sponsored alien, the commission shall make a reasonable effort to notify the person that the commission may seek reimbursement from the person's sponsor for any benefits the person receives under those programs.
(e) The executive commissioner shall adopt rules necessary to implement this section, including rules that specify the most cost-effective procedures by which the commission may seek reimbursement under Subsection (c).
(f) Nothing in this section adds to or changes the eligibility requirements for any of the benefits programs listed in Subsection (b).
SECTION ____. 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.