| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the eligibility of and receipt by certain relative |
|
|
caretakers of dependent children of supplemental financial |
|
|
assistance and the assignment of those relative caretakers as |
|
|
protective payees for financial assistance payments; creating a |
|
|
criminal offense. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 31.0041, Human Resources Code, is |
|
|
amended by amending Subsection (a) and adding Subsection (a-1) to |
|
|
read as follows: |
|
|
(a) To the extent funds are appropriated for this purpose, |
|
|
the commission may provide supplemental financial assistance in |
|
|
addition to the amount of financial assistance granted for the |
|
|
support of a dependent child under Section 31.003 to a person who: |
|
|
(1) is 25 [45] years of age or older; |
|
|
(2) is the grandparent, aunt, uncle, sister, or |
|
|
brother of the dependent child, as defined by Section 31.002, who |
|
|
lives at the person's residence; |
|
|
(3) is the primary caretaker of the dependent child; |
|
|
(4) has a family income that is at or below 200 percent |
|
|
of the federal poverty level; and |
|
|
(5) subject to Subsection (a-1), does not have |
|
|
resources that exceed the amount allowed for financial assistance |
|
|
under this chapter. |
|
|
(a-1) Notwithstanding Section 31.032(d)(2), in determining |
|
|
whether a person is eligible for supplemental financial assistance |
|
|
under this section, the commission shall exclude from the person's |
|
|
available resources the fair market value of the ownership interest |
|
|
of the applicant or a member of the applicant's household in a motor |
|
|
vehicle. |
|
|
SECTION 2. Subchapter A, Chapter 31, Human Resources Code, |
|
|
is amended by adding Section 31.0042 to read as follows: |
|
|
Sec. 31.0042. FRAUDULENT RECEIPT OF CERTAIN ASSISTANCE; |
|
|
CRIMINAL OFFENSE; RECOUPMENT. (a) A person commits an offense if, |
|
|
with intent to defraud or deceive the commission, the person |
|
|
knowingly makes or causes to be made a false statement or |
|
|
misrepresentation of a material fact that allows the person to be |
|
|
eligible to receive supplemental financial assistance under |
|
|
Section 31.0041. |
|
|
(b) An offense under Subsection (a) is: |
|
|
(1) a Class C misdemeanor if the person received no |
|
|
supplemental financial assistance or received supplemental |
|
|
financial assistance for less than 7 days; |
|
|
(2) a Class B misdemeanor if the person received |
|
|
supplemental financial assistance for 7 days or more but less than |
|
|
31 days; or |
|
|
(3) a Class A misdemeanor if the person received |
|
|
supplemental financial assistance for 31 days or more but less than |
|
|
91 days. |
|
|
(c) If conduct that constitutes an offense under this |
|
|
section also constitutes an offense under any other law, the actor |
|
|
may be prosecuted under this section, the other law, or both. |
|
|
(d) The appropriate county prosecuting attorney is |
|
|
responsible for the prosecution of an offense under this section. |
|
|
(e) The commission's office of inspector general may: |
|
|
(1) investigate, as authorized by Section 531.102, |
|
|
Government Code, potential fraud, waste, and abuse with respect to |
|
|
supplemental financial assistance under Section 31.0041; and |
|
|
(2) in the same manner as is provided by Section |
|
|
531.120, Government Code, for the Medicaid program, recoup |
|
|
financial assistance paid to a person who engaged in conduct |
|
|
described by Subsection (a). |
|
|
(f) The executive commissioner may adopt rules necessary to |
|
|
determine whether fraudulent activity that violates Subsection (a) |
|
|
has occurred. |
|
|
SECTION 3. Section 31.0324, Human Resources Code, is |
|
|
amended by amending Subsections (b) and (c) and adding Subsection |
|
|
(d) to read as follows: |
|
|
(b) The executive commissioner by rule shall develop and the |
|
|
commission shall implement a process that provides for the |
|
|
grandparent, aunt, uncle, sister, or brother of a child receiving |
|
|
financial assistance under this chapter to serve as a protective |
|
|
payee to: |
|
|
(1) receive and use the assistance on behalf of the |
|
|
child; and |
|
|
(2) apply for financial assistance and be interviewed |
|
|
instead of the child's parent at any subsequent review of |
|
|
eligibility required by the commission. |
|
|
(c) The commission shall limit the use of the process |
|
|
established by Subsection (b) to situations in which the commission |
|
|
determines the parent is not using the assistance for the child's |
|
|
needs as required by Section 31.0355(a), and the executive |
|
|
commissioner shall establish by rule the circumstances under which |
|
|
the grandparent, aunt, uncle, sister, or brother may be removed as a |
|
|
protective payee. |
|
|
(d) To serve as a protective payee of a child receiving |
|
|
financial assistance under this chapter, a person described by |
|
|
Subsection (b) must be at least 25 years of age. |
|
|
SECTION 4. (a) Except as provided by Subsection (b) of |
|
|
this section, the changes in law made by this Act apply to a person |
|
|
receiving financial assistance under Chapter 31, Human Resources |
|
|
Code, on or after the effective date of this Act, regardless of the |
|
|
date on which eligibility for the financial assistance was |
|
|
determined. |
|
|
(b) Section 31.0041(a-1), Human Resources Code, as added by |
|
|
this Act, applies only to a determination of eligibility of a person |
|
|
for supplemental financial assistance under Section 31.0041, Human |
|
|
Resources Code, as amended by this Act, that is made on or after the |
|
|
effective date of this Act. |
|
|
SECTION 5. 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 6. This Act takes effect September 1, 2021. |