Bill Text: TX HB132 | 2017-2018 | 85th Legislature | Engrossed
Bill Title: Relating to the ability of certain relative caretakers of dependent children to receive supplemental financial assistance and be assigned as protective payees for financial assistance payments; providing a civil penalty; creating a criminal offense.
Sponsorship: Moderate Partisan Bill (Democrat 7-1)
Status: (Engrossed - Dead) 2017-05-09 - Referred to Health & Human Services [HB132 Detail]
Download: Texas-2017-HB132-Engrossed.html
| By: Minjarez, Bernal, Thierry, | H.B. No. 132 | |
| Rodriguez of Bexar, Miller, et al. | ||
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| relating to the ability of certain relative caretakers of dependent | ||
| children to receive supplemental financial assistance and be | ||
| assigned as protective payees for financial assistance payments; | ||
| providing a civil penalty; creating a criminal offense. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 31.0041(a), Human Resources Code, is | ||
| amended 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 [ |
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| (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) does not have resources that exceed the amount | ||
| allowed for financial assistance under this chapter. | ||
| 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; CIVIL PENALTY. (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 a person to | ||
| receive supplemental financial assistance under Section 31.0041. | ||
| (b) An offense under Subsection (a) is a state jail felony | ||
| unless it is shown on the trial of the offense that the person has | ||
| previously been convicted under this section, in which case the | ||
| offense is a felony of the third degree. | ||
| (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 shall be | ||
| responsible for the prosecution of an offense under this section. | ||
| (e) A person who engaged in conduct described by Subsection | ||
| (a) is liable to the state for a civil penalty of $1,000. The | ||
| attorney general shall bring an action to recover a civil penalty as | ||
| authorized by this subsection. | ||
| (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. 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. | ||
| 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, 2017. | ||
