Bill Text: TX HB94 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the 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; providing a civil penalty; creating a criminal offense.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-04-23 - Left pending in committee [HB94 Detail]
Download: Texas-2019-HB94-Introduced.html
86R2166 KKR-F | ||
By: Minjarez | H.B. No. 94 |
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relating to the 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; 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 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) 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 the civil penalty | ||
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, 2019. |