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A BILL TO BE ENTITLED
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AN ACT
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relating to exemptions from the application of certain financial |
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assistance eligibility requirements for certain grandparents. |
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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 31.0052 to read as follows: |
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Sec. 31.0052. EXEMPTIONS APPLICABLE TO CERTAIN |
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GRANDPARENTS. (a) This section applies only to a grandparent who is |
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at least 60 years of age and seeking or receiving financial |
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assistance benefits on behalf of a dependent child under this |
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subchapter or receiving supplemental financial assistance under |
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Section 31.0041. |
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(b) Notwithstanding any other law, the executive |
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commissioner of the Health and Human Services Commission by rule |
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shall prescribe circumstances under which good cause exists for |
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exempting a person to whom this section applies from the |
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application of certain financial assistance eligibility |
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requirements. Rules adopted under this section must provide that if |
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good cause is found: |
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(1) for purposes of determining the amount of |
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financial assistance granted to a person to whom this section |
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applies for the support of a dependent child or determining whether |
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the family meets household income and resource requirements for |
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financial assistance under this chapter, the department: |
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(A) may not consider any of the person's assets; |
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and |
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(B) shall deduct from the person's income and |
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resources reasonable expenses associated with supporting the |
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dependent child; and |
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(2) the department shall exempt a person to whom this |
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section applies from the application of time limits imposed by |
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Section 31.0065 on the receipt of benefits until the dependent |
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child's 18th birthday. |
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SECTION 2. As soon as possible after the effective date of |
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this Act, the executive commissioner of the Health and Human |
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Services Commission shall adopt the rules required under Section |
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31.0052, Human Resources Code, as added by this Act. |
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SECTION 3. The changes in law made by this Act apply to an |
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initial determination or redetermination of eligibility of a person |
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for financial assistance under Chapter 31, Human Resources Code, |
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that is made on or after the effective date of 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, 2015. |