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A BILL TO BE ENTITLED
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AN ACT
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relating to benefits provided to a household under the financial |
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assistance and supplemental nutrition assistance programs |
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following the removal of a child from the household. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 31, Human Resources Code, |
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is amended by adding Section 31.019 to read as follows: |
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Sec. 31.019. ADJUSTMENT OF BENEFITS ON CHILD'S REMOVAL FROM |
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HOUSEHOLD. The executive commissioner of the Health and Human |
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Services Commission shall adopt rules to ensure that financial |
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assistance benefits provided to a household are appropriately |
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ceased or reduced when a child is removed from the household by the |
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Department of Family and Protective Services or in accordance with |
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a court order. In adopting rules under this section, the executive |
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commissioner shall require that: |
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(1) not later than the 10th day after the date a court |
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order is issued requiring the removal of a child from a household |
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receiving financial assistance benefits, the Department of Family |
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and Protective Services notify the department of the removal; |
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(2) the department cease or reduce, as appropriate, |
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the financial assistance benefits provided for the child not later |
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than the 14th day after the date the department receives notice |
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under Subdivision (1); and |
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(3) an applicant for or recipient of financial |
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assistance whose household benefits were ceased or reduced in |
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accordance with rules adopted under this section may not receive |
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benefits on behalf of the child under the program unless the |
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applicant or recipient provides the department with a copy of the |
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court order by which the applicant or recipient regained possession |
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of the child. |
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SECTION 2. Subchapter A, Chapter 33, Human Resources Code, |
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is amended by adding Section 33.037 to read as follows: |
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Sec. 33.037. ADJUSTMENT OF BENEFITS ON CHILD'S REMOVAL FROM |
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HOUSEHOLD. The executive commissioner shall adopt rules to ensure |
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that supplemental nutrition assistance benefits provided to a |
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household are appropriately ceased or reduced when a child is |
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removed from the household by the Department of Family and |
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Protective Services or in accordance with a court order. In |
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adopting rules under this section, the executive commissioner shall |
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|
require that: |
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(1) not later than the 10th day after the date a court |
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|
order is issued requiring the removal of a child from a household |
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receiving supplemental nutrition assistance benefits, the |
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Department of Family and Protective Services notify the department |
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of the removal; |
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(2) the department cease or reduce, as appropriate, |
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the supplemental nutrition assistance benefits provided for the |
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child not later than the 14th day after the date the department |
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receives notice under Subdivision (1); and |
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(3) an applicant for or recipient of supplemental |
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nutrition assistance whose household benefits were ceased or |
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reduced in accordance with rules adopted under this section may not |
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receive benefits on behalf of the child under the program unless the |
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applicant or recipient provides the department with a copy of the |
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court order by which the applicant or recipient regained possession |
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of the child. |
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SECTION 3. Not later than January 1, 2014, the executive |
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commissioner of the Health and Human Services Commission shall |
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adopt the rules required by Sections 31.019 and 33.037, Human |
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Resources Code, as added by this Act. |
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SECTION 4. 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 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |