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A BILL TO BE ENTITLED
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AN ACT
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relating to collecting information and requiring reimbursement |
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from certain recipients of certain public benefits. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 531, Government Code, is |
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amended by adding Sections 531.024181 and 531.024182 to read as |
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follows: |
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Sec. 531.024181. COLLECTION OF IMMIGRATION FORMS FROM |
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RECIPIENTS OF CERTAIN BENEFITS. (a) If, at the time of application |
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for benefits, a person states that the person is a qualified alien, |
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as that term is defined by 8 U.S.C. Section 1641(b), the commission |
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shall make a reasonable effort to obtain copies of the immigration |
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forms the person submitted for admission into the United States if |
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the person is determined eligible for and begins receiving benefits |
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under any of the following benefits programs: |
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(1) the child health plan program under Chapter 62, |
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Health and Safety Code; |
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(2) the financial assistance program under Chapter 31, |
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Human Resources Code; |
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(3) the medical assistance program under Chapter 32, |
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Human Resources Code; or |
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(4) the nutritional assistance program under Chapter |
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33, Human Resources Code. |
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(b) The executive commissioner shall adopt rules necessary |
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to implement this section, including rules that specify the |
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immigration forms that the commission shall seek to obtain under |
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Subsection (a). |
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(c) Nothing in this section adds to or changes the |
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eligibility requirements for any of the benefits programs listed in |
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Subsection (a). |
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Sec. 531.024182. COLLECTION OF INFORMATION AND |
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REIMBURSEMENT REQUIRED FROM CERTAIN BENEFITS RECIPIENTS WHO ARE |
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SPONSORED ALIENS. (a) In this section, "sponsored alien" means a |
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person who has been lawfully admitted to the United States for |
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permanent residence under the Immigration and Nationality Act (8 |
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U.S.C. Section 1101 et seq.) and who, as a condition of admission, |
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was sponsored by a person who executed an affidavit of support on |
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behalf of the person. |
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(b) If, at the time of application for benefits, a person |
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states that the person is a sponsored alien, the commission shall |
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make a reasonable effort to obtain copies of the forms related to |
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the sponsorship, including the affidavit of support executed by the |
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person's sponsor, if the person is determined eligible for and |
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begins receiving benefits under any of the following benefits |
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programs: |
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(1) the child health plan program under Chapter 62, |
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Health and Safety Code; |
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(2) the financial assistance program under Chapter 31, |
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Human Resources Code; |
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(3) the medical assistance program under Chapter 32, |
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Human Resources Code; or |
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(4) the nutritional assistance program under Chapter |
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33, Human Resources Code. |
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(c) After the commission verifies that a person who receives |
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benefits under a program listed in Subsection (b) is a sponsored |
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alien, the commission shall seek reimbursement from the person or |
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the person's sponsor for any benefits provided to the person under |
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those programs to the extent allowed by federal law. |
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(d) The executive commissioner shall adopt rules necessary |
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to implement this section, including rules that specify the forms |
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related to sponsorship that the commission shall seek to obtain |
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under Subsection (b) and the procedures by which the commission |
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will seek reimbursement under Subsection (c). |
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(e) Nothing in this section adds to or changes the |
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eligibility requirements for any of the benefits programs listed in |
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Subsection (b). |
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SECTION 2. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 3. This Act takes effect September 1, 2011. |