TITLE: Relating to eligibility requirements for certain public benefits programs.

SUMMARY: Relating to eligibility requirements for certain public benefits programs.

FULL TEXT:
AN ACT relating to eligibility requirements for certain public benefits programs. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter B, Chapter 531, Government Code, is amended by adding Section 531.02416 to read as follows: Sec. 531.02416. ELIGIBILITY FOR CERTAIN PROGRAMS: FORM I-9 REQUIREMENT. (a) In this section, "Form I-9" means the employment eligibility verification form designated or established by the United States attorney general in accordance with 8 U.S.C. Section 1324a(b). (b) An applicant for benefits must complete a Form I-9 and provide documentation that establishes the applicant's identity and eligibility to work in the United States as required by that form to be eligible to receive benefits under any of the following benefits programs: (1) the child health plan program under Chapter 62, Health and Safety Code; (2) the financial assistance program under Chapter 31, Human Resources Code; (3) the medical assistance program under Chapter 32, Human Resources Code; and (4) the nutritional assistance program under Chapter 33, Human Resources Code. (c) For purposes of completing a Form I-9 under this section: (1) an applicant for benefits is considered an "employee"; (2) the commission or other state agency that administers the benefits program is considered an "employer"; and (3) receipt of benefits under a benefits program is considered "employment." (d) The executive commissioner shall adopt rules necessary to implement this section, including rules that further define terms used in Form I-9 and that provide instructions on how to complete the form for purposes of this section. SECTION 2. Section 531.02416, Government Code, as added by this Act, applies to an initial determination of eligibility or redetermination of eligibility for benefits under a program subject to that section made on or after the effective date of this Act. SECTION 3. 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 4. This Act takes effect September 1, 2011.