Bill Text: TX HB576 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to providing financial assistance to certain persons who care for a child under a parental child safety placement; creating a criminal offense; creating a civil penalty.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-02-20 - Referred to Human Services [HB576 Detail]
Download: Texas-2019-HB576-Introduced.html
86R4716 MCK-D | ||
By: White | H.B. No. 576 |
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relating to providing financial assistance to certain persons who | ||
care for a child under a parental child safety placement; creating a | ||
criminal offense; creating a civil penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter L, Chapter 264, Family Code, is | ||
amended by adding Sections 264.907 and 264.908 to read as follows: | ||
Sec. 264.907. CAREGIVER ASSISTANCE. (a) The department | ||
shall, subject to the availability of funds, enter into a caregiver | ||
assistance agreement with each eligible caregiver to provide | ||
monetary assistance to the caregiver. The monetary assistance | ||
shall be based on a family's need, as determined by Subsection (b) | ||
and rules adopted by the commissioner of the department. | ||
(b) The department shall provide monetary assistance under | ||
this section to a caregiver who has a family income that is less | ||
than or equal to 300 percent of the federal poverty level. Monetary | ||
assistance provided to a caregiver under this section may not | ||
exceed 50 percent of the department's daily basic foster care rate | ||
for the child. A caregiver who has a family income greater than 300 | ||
percent of the federal poverty level is not eligible for monetary | ||
assistance under this section. | ||
(c) The department shall disburse monetary assistance | ||
provided to a caregiver under Subsection (b) in the same manner as | ||
the department disburses payments to a foster parent. The | ||
department may not provide monetary assistance to an eligible | ||
caregiver under Subsection (b) after the first anniversary of the | ||
date the caregiver receives the first monetary assistance payment | ||
from the department under this section. The department, at its | ||
discretion and for good cause, may extend the monetary assistance | ||
payments for an additional six months. | ||
(d) The department shall implement a process to verify the | ||
family income of a caregiver for the purpose of determining | ||
eligibility to receive monetary assistance under Subsection (b). | ||
Sec. 264.908. CRIMINAL OFFENSE; CIVIL PENALTY. (a) A | ||
person commits an offense if, with intent to defraud or deceive the | ||
department, the person knowingly makes or causes to be made a false | ||
statement or misrepresentation of a material fact that allows a | ||
person to receive monetary assistance under Section 264.907. | ||
(b) An offense under this section is: | ||
(1) a Class B misdemeanor if the person received | ||
monetary assistance for less than 31 days; | ||
(2) a Class A misdemeanor if the person received | ||
monetary assistance for 31 days or more but less than 91 days; or | ||
(3) a state jail felony if the person received | ||
monetary assistance for 91 days or more. | ||
(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 commissioner of the department may adopt rules | ||
necessary to determine whether fraudulent activity that violates | ||
Subsection (a) has occurred. | ||
SECTION 2. This Act takes effect September 1, 2019. |