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A BILL TO BE ENTITLED
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AN ACT
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relating to the receipt by certain relative caretakers of dependent |
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children of supplemental financial assistance and the assignment of |
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those relative caretakers as protective payees for financial |
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assistance payments; providing a civil penalty; creating a criminal |
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offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 31.0041(a), Human Resources Code, is |
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amended to read as follows: |
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(a) To the extent funds are appropriated for this purpose, |
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the commission may provide supplemental financial assistance in |
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addition to the amount of financial assistance granted for the |
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support of a dependent child under Section 31.003 to a person who: |
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(1) is 25 [45] years of age or older; |
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(2) is the grandparent, aunt, uncle, sister, or |
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brother of the dependent child, as defined by Section 31.002, who |
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lives at the person's residence; |
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(3) is the primary caretaker of the dependent child; |
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(4) has a family income that is at or below 200 percent |
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of the federal poverty level; and |
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(5) does not have resources that exceed the amount |
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allowed for financial assistance under this chapter. |
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SECTION 2. Subchapter A, Chapter 31, Human Resources Code, |
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is amended by adding Section 31.0042 to read as follows: |
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Sec. 31.0042. FRAUDULENT RECEIPT OF CERTAIN ASSISTANCE; |
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CRIMINAL OFFENSE; CIVIL PENALTY. (a) A person commits an offense |
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if, with intent to defraud or deceive the commission, the person |
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knowingly makes or causes to be made a false statement or |
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misrepresentation of a material fact that allows the person to be |
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eligible to receive supplemental financial assistance under |
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Section 31.0041. |
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(b) An offense under Subsection (a) is: |
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(1) a Class C misdemeanor if the person received no |
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supplemental financial assistance or received supplemental |
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financial assistance for less than 7 days; |
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(2) a Class B misdemeanor if the person received |
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supplemental financial assistance for 7 days or more but less than |
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31 days; or |
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(3) a Class A misdemeanor if the person received |
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supplemental financial assistance for 31 days or more but less than |
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91 days. |
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(c) If conduct that constitutes an offense under this |
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section also constitutes an offense under any other law, the actor |
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may be prosecuted under this section, the other law, or both. |
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(d) The appropriate county prosecuting attorney is |
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responsible for the prosecution of an offense under this section. |
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(e) A person who engaged in conduct described by Subsection |
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(a) is liable to the state for a civil penalty of $1,000. The |
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attorney general shall bring an action to recover the civil penalty |
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authorized by this subsection. |
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(f) The executive commissioner may adopt rules necessary to |
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determine whether fraudulent activity that violates Subsection (a) |
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has occurred. |
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SECTION 3. Section 31.0324, Human Resources Code, is |
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amended by amending Subsections (b) and (c) and adding Subsection |
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(d) to read as follows: |
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(b) The executive commissioner by rule shall develop and the |
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commission shall implement a process that provides for the |
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grandparent, aunt, uncle, sister, or brother of a child receiving |
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financial assistance under this chapter to serve as a protective |
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payee to: |
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(1) receive and use the assistance on behalf of the |
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child; and |
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(2) apply for financial assistance and be interviewed |
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instead of the child's parent at any subsequent review of |
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eligibility required by the commission. |
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(c) The commission shall limit the use of the process |
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established by Subsection (b) to situations in which the commission |
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determines the parent is not using the assistance for the child's |
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needs as required by Section 31.0355(a), and the executive |
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commissioner shall establish by rule the circumstances under which |
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the grandparent, aunt, uncle, sister, or brother may be removed as a |
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protective payee. |
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(d) To serve as a protective payee of a child receiving |
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financial assistance under this chapter, a person described by |
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Subsection (b) must be at least 25 years of age. |
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SECTION 4. The changes in law made by this Act apply to a |
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person receiving financial assistance under Chapter 31, Human |
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Resources Code, on or after the effective date of this Act, |
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regardless of the date on which eligibility for the financial |
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assistance was determined. |
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SECTION 5. 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 6. This Act takes effect September 1, 2019. |