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A BILL TO BE ENTITLED
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AN ACT
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relating to providing financial assistance to certain persons who |
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care for a child under a parental child safety placement; creating a |
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criminal offense; creating a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter L, Chapter 264, Family Code, is |
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amended by adding Sections 264.907 and 264.908 to read as follows: |
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Sec. 264.907. CAREGIVER ASSISTANCE. (a) The department |
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shall, subject to the availability of funds, enter into a caregiver |
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assistance agreement with each eligible caregiver to provide |
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monetary assistance to the caregiver. The monetary assistance |
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shall be based on a family's need, as determined by Subsection (b) |
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and rules adopted by the commissioner of the department. |
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(b) The department shall provide monetary assistance under |
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this section to a caregiver who has a family income that is less |
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than or equal to 300 percent of the federal poverty level. Monetary |
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assistance provided to a caregiver under this section may not |
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exceed 50 percent of the department's daily basic foster care rate |
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for the child. A caregiver who has a family income greater than 300 |
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percent of the federal poverty level is not eligible for monetary |
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assistance under this section. |
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(c) The department shall disburse monetary assistance |
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provided to a caregiver under Subsection (b) in the same manner as |
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the department disburses payments to a foster parent. The |
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department may not provide monetary assistance to an eligible |
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caregiver under Subsection (b) after the first anniversary of the |
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date the caregiver receives the first monetary assistance payment |
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from the department under this section. The department, at its |
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discretion and for good cause, may extend the monetary assistance |
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payments for an additional six months. |
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(d) The department shall implement a process to verify the |
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family income of a caregiver for the purpose of determining |
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eligibility to receive monetary assistance under Subsection (b). |
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Sec. 264.908. CRIMINAL OFFENSE; CIVIL PENALTY. (a) A |
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person commits an offense if, with intent to defraud or deceive the |
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department, the person knowingly makes or causes to be made a false |
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statement or misrepresentation of a material fact that allows a |
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person to receive monetary assistance under Section 264.907. |
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(b) An offense under this section is: |
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(1) a Class B misdemeanor if the person received |
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monetary assistance for less than 31 days; |
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(2) a Class A misdemeanor if the person received |
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monetary assistance for 31 days or more but less than 91 days; or |
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(3) a state jail felony if the person received |
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monetary assistance for 91 days or more. |
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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 shall be |
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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 a civil penalty as |
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authorized by this subsection. |
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(f) The commissioner of the department may adopt rules |
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necessary to determine whether fraudulent activity that violates |
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Subsection (a) has occurred. |
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SECTION 2. This Act takes effect September 1, 2019. |