| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the provision of certain public benefits and services |
|
|
to persons not lawfully present in the United States and |
|
|
reimbursement from the federal government for those benefits and |
|
|
services. |
|
|
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 PUBLIC BENEFITS AND SERVICES BY STATE AND |
|
|
LOCAL GOVERNMENTS |
|
|
CHAPTER 2351. PROVISION OF PUBLIC BENEFITS AND SERVICES TO PERSONS |
|
|
NOT LAWFULLY PRESENT IN THE UNITED STATES |
|
|
Sec. 2351.001. DEFINITION. In this chapter, "governmental |
|
|
entity" means an agency of this state or of a political subdivision |
|
|
of this state. |
|
|
Sec. 2351.002. PROVISION OF CERTAIN BENEFITS AND SERVICES |
|
|
PROHIBITED. A governmental entity may not provide education or |
|
|
health benefits or services at no cost to a person who is not |
|
|
lawfully present in the United States, unless required by federal |
|
|
law. Benefits and services that may not be provided include: |
|
|
(1) public education; |
|
|
(2) health care assistance under Chapter 61, Health |
|
|
and Safety Code; and |
|
|
(3) medical assistance under Chapter 32, Human |
|
|
Resources Code. |
|
|
Sec. 2351.003. COST OF BENEFITS AND SERVICES PROVIDED. Not |
|
|
later than December 31 of each year, the comptroller shall |
|
|
determine the total amount spent during the previous state fiscal |
|
|
year by all governmental entities to provide to persons not |
|
|
lawfully present in the United States education and health benefits |
|
|
and services required by federal law. The comptroller shall obtain |
|
|
this information from the Health and Human Services Commission, the |
|
|
Department of State Health Services, the Texas Education Agency, |
|
|
school districts, counties, hospital districts, and other relevant |
|
|
governmental entities. Information sought by the comptroller under |
|
|
this section may not: |
|
|
(1) contain personally identifiable information; or |
|
|
(2) violate any federal or state laws, including |
|
|
rules, regarding privacy. |
|
|
Sec. 2351.004. REQUEST FOR REIMBURSEMENT. Not later than |
|
|
March 31 of each year, based on the information obtained under |
|
|
Section 2351.003, the comptroller shall make a written request to |
|
|
the United States Congress for reimbursement of the cost of |
|
|
providing to persons not lawfully present in the United States |
|
|
education and health benefits and services required by federal law |
|
|
during the previous state fiscal year. |
|
|
Sec. 2351.005. RULEMAKING AUTHORITY. The comptroller may |
|
|
adopt rules as necessary to implement this chapter. |
|
|
SECTION 2. 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. |
|
|
SECTION 3. This Act takes effect September 1, 2013. |