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


Office of House Bill AnalysisC.S.H.B. 2103
By: Dutton
Human Services
4/10/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Current law does 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.
C.S.H.B. 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

C.S.H.B. 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 child's parents 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.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2103 differs from the original bill by removing the requirement
that the Texas Department of Human Services (DHS) develop and implement a
process of presumptive eligibility determination for an applicant for
financial assistance who appears to meet eligibility criteria and who has
assumed the care of a related child on an emergency basis because the
parent receiving financial assistance for that child cannot be located.
The substitute instead requires DHS to develop and implement a process that
allows the grandparent of a child receiving financial assistance to serve
as a protective payee.