HBA-MPM H.B. 2103 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2103
By: Dutton
Human Services
6/13/2001
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 77th Legislature, state law did not allow a grandparent caring
for a grandchild to receive the grandchild's Temporary Assistance for Needy
Families (TANF) cash assistance benefits when the parent of the child who
ordinarily receives such benefits cannot be found.  The unavailability of
TANF benefits can pose a severe financial hardship for grandparents and the
children.  House Bill 2103 requires the Texas Department of Human Services
to implement a process through which a grandparent of a child receiving
financial assistance may act as a protective payee for the child. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Department of Human Services
in SECTION 1 (Section 31.0324, Human Resources Code) of this bill. 

ANALYSIS

House Bill 2103 amends the Human Resources Code to require the Texas
Department of Human Services (DHS) by rule to develop and implement a
process that provides the grandparent of a child receiving financial
assistance from Temporary Assistance for Needy Families (TANF) to serve as
a protective payee to receive and use the assistance on behalf of the child
and apply for assistance and be interviewed instead of the child's parents
at any subsequent review of eligibility by DHS.  DHS is required to limit
the use of this process to situations in which the parent is not using the
assistance for the child's needs as required by law and to establish by
rule the circumstances under which the grandparent may be removed as a
protective payee. 

EFFECTIVE DATE

September 1, 2001.