reglab/statecodes huggingface dataset:
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 33 - Nutritional Assistance Programs › Subchapter B. Supplemental Nutrition Assistance Program: Eligibility Determination Process Efficiency › Section 33.052. Application Assistance

Sec. 33.052.  APPLICATION ASSISTANCE.  (a) The commission shall develop procedures to ensure that:
(1)  clear guidance on program eligibility requirements is provided to supplemental nutrition assistance applicants and prospective applicants and mechanisms are established, including Internet and e-mail mechanisms, as appropriate, by which applicants can obtain answers to basic program-related questions; and
(2)  information is provided to each applicant in person, by e-mail, by telephone, or through the mail, as appropriate, about information the applicant is required to submit for purposes of the eligibility determination process.
(b)  The commission shall consider the feasibility and cost-effectiveness of using office personnel or an automated system or systems to support the eligibility determination process by contacting an applicant in advance of an applicant's scheduled interview to remind the applicant of the interview and the documentation that must be presented at the interview.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1165 (H.B. 2819), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 33 - Nutritional Assistance Programs › Subchapter B. Supplemental Nutrition Assistance Program: Eligibility Determination Process Efficiency › Section 33.053. Use of Technology to Promote Efficiency and Fraud Detection

Sec. 33.053.  USE OF TECHNOLOGY TO PROMOTE EFFICIENCY AND FRAUD DETECTION.  (a)  The commission shall consider the feasibility and cost-effectiveness of using readily available document scanning technology to reduce storage and maintenance costs and potential loss of data by creating electronic case files for supplemental nutrition assistance cases instead of maintaining physical files for those cases. The commission shall use that technology if determined feasible and cost-effective.
(b)  The commission shall implement, if feasible and cost-effective, a risk scoring program for supplemental nutrition assistance applications to streamline the eligibility determination process, reduce errors, and strengthen fraud detection.  A risk scoring program implemented by the commission must be capable of ranking applications based on complexity so that:
(1)  more experienced eligibility determination staff members can be used to process more difficult cases and cases with fraud characteristics;  and
(2)  applications ranked as low-risk on fraud characteristics can be processed more expeditiously.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1165 (H.B. 2819), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 33 - Nutritional Assistance Programs › Subchapter B. Supplemental Nutrition Assistance Program: Eligibility Determination Process Efficiency › Section 33.054. Workforce Management

Sec. 33.054.  WORKFORCE MANAGEMENT.  The commission shall improve its management of supplemental nutrition assistance eligibility determination staff by:
(1)  establishing clear performance expectations that can serve as the basis for performance assessments;
(2)  planning for anticipated staffing needs;
(3)  revising policies regarding overtime and accrual of compensatory time to ensure that eligibility determination staff members have access to supervisors as necessary;
(4)  assessing the effectiveness of training provided to new eligibility determination staff members;  and
(5)  evaluating the compensation of eligibility determination staff members to determine if the compensation is sufficient to recruit qualified staff members and retain experienced staff members.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1165 (H.B. 2819), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 33 - Nutritional Assistance Programs › Subchapter B. Supplemental Nutrition Assistance Program: Eligibility Determination Process Efficiency › Section 33.055. Program Management Information

Sec. 33.055.  PROGRAM MANAGEMENT INFORMATION.  (a)  The commission, in conjunction with state, regional, and local eligibility determination offices, shall identify eligibility determination program performance indicators with respect to which data should periodically be collected.   The commission shall implement a process for collecting data on the identified performance indicators.
(b)  The commission shall provide periodic management reports generated by the automated eligibility system to eligibility determination offices. The reports must include information regarding the number of pending supplemental nutrition assistance applications and the number of those applications that have not been processed within applicable timeliness standards.
(c)  The commission shall use data collected under Subsection (a) and the reports described by Subsection (b) to develop and assess strategies for:
(1)  streamlining the supplemental nutrition assistance eligibility determination process;
(2)  improving timeliness of eligibility determinations;  and
(3)  accommodating increases in applications received.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1165 (H.B. 2819), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 34 - State Temporary Assistance and Support Services Program › Section 34.001. Definitions

Sec. 34.001.  DEFINITIONS.  In this chapter:
(1)  "Related support services" means services considered under federal law to be a component of money payments for purposes of the financial assistance program authorized by Chapter 31.
(2)  "Temporary assistance" means money payments for needy persons authorized by this chapter.
Added by Acts 2001, 77th Leg., ch. 1440, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 34 - State Temporary Assistance and Support Services Program › Section 34.002. Development and Implementation of State Program; Funding

Sec. 34.002.  DEVELOPMENT AND IMPLEMENTATION OF STATE PROGRAM;  FUNDING.  (a)  The Health and Human Services Commission and the Texas Workforce Commission, with the participation of local workforce development boards, shall jointly develop and implement a state program of temporary assistance and related support services that is distinct from the financial assistance program authorized by Chapter 31.
(b)  Temporary assistance and related support services may be provided under the state program only to:
(1)  two-parent families;  or
(2)  persons residing in minimum service counties, as defined by the Texas Workforce Commission.
(c)  Temporary assistance and related support services provided under the state program may not be funded with federal money provided to the state for the financial assistance program authorized by Chapter 31.
(d)  If federal law is enacted that imposes work participation rate requirements on two-parent families for purposes of the financial assistance program under Chapter 31 that are substantively identical to those that federal law imposes on one-parent families for purposes of that program, the Health and Human Services Commission may, on the effective date of the federal law relating to the work participation rate requirements for two-parent families, provide for establishment of that recipient's eligibility for financial assistance under Chapter 31 instead of under this chapter in a manner that avoids disruption of benefits for which the recipient is eligible.
Added by Acts 2001, 77th Leg., ch. 1440, Sec. 1, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 1134, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.167, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 34 - State Temporary Assistance and Support Services Program › Section 34.003. Rules

Sec. 34.003.  RULES.  (a)  The executive commissioner and the Texas Workforce Commission shall adopt all rules necessary for implementation of the state program, including rules regarding eligibility, work requirements, work exemptions, time limits, and related support services.
(b)  The rules must be designed to result in a state program that is substantively identical to the financial assistance program authorized by Chapter 31, except to the extent that programmatic differences are appropriate because of the populations served by those programs and the sources of funding for those programs.
(c)  The Health and Human Services Commission and the Texas Workforce Commission shall form an interagency work group to develop the rules required under this section.  The interagency work group shall provide for participation in development of the rules by representatives of local workforce development boards.
Added by Acts 2001, 77th Leg., ch. 1440, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.168, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 34 - State Temporary Assistance and Support Services Program › Section 34.004. Procedures Applicable to Persons Residing in Minimum Service Counties

Sec. 34.004.  PROCEDURES APPLICABLE TO PERSONS RESIDING IN MINIMUM SERVICE COUNTIES.  The Health and Human Services Commission and the Texas Workforce Commission shall develop and implement procedures to:
(1)  determine the date on which a person's eligibility for temporary assistance and related support services based on residency in a minimum service county, as defined by the Texas Workforce Commission, will cease as a result of the county's reclassification; and
(2)  provide for establishment of that person's eligibility for financial assistance and related support services under Chapter 31 in a manner that avoids disruption of benefits for which the person is eligible.
Added by Acts 2001, 77th Leg., ch. 1440, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.169, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 34 - State Temporary Assistance and Support Services Program › Section 34.005. Eligibility for Medical Assistance

Sec. 34.005.  ELIGIBILITY FOR MEDICAL ASSISTANCE.  A recipient of temporary assistance and related support services under the state program is eligible for medical assistance under Chapter 32 in the same manner as a person receiving financial assistance under Chapter 31.
Added by Acts 2001, 77th Leg., ch. 1440, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 34 - State Temporary Assistance and Support Services Program › Section 34.006. Study

Sec. 34.006.  STUDY.  The Texas Workforce Commission, in collaboration with local workforce development boards and the appropriate standing committees of the senate and house of representatives, shall:
(1)  study methods to improve the delivery of workforce services to persons residing in minimum service counties, as defined by the Texas Workforce Commission; and
(2)  develop recommendations to improve the delivery of services described by Subdivision (1).
Added by Acts 2001, 77th Leg., ch. 1440, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1050 (S.B. 71), Sec. 16, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179), Sec. 18, eff. June 17, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.170, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 35 - Support Services for Persons With Disabilities › Section 35.001. Definitions

Sec. 35.001.  DEFINITIONS.  In this chapter:
(1)  "Assistance" or "support services" means a subsidy granted by the department to provide support to a client.
(2)  "Client" means a person with a disability who lives independently or a family who receives assistance under this chapter.
(3)  "Department" means the Department of Aging and Disability Services.
(4)  "Family" means a group that consists of a person with a disability and that person's parent, legal guardian, spouse, or sibling and may include others.
(5)  "Legal guardian" means a person appointed by a court of competent jurisdiction to exercise powers over a person with a disability.
(6)  "Other support programs" means:
(A)  all forms of local, state, or federal support services other than those established by this chapter;
(B)  contract programs;  or
(C)  support provided by public or private funds for persons with disabilities or their families.
(7)  "Parent" includes only a natural, foster, surrogate, or adoptive parent.
(8)  "Person with a disability" includes a person who has a physical or mental impairment that substantially limits one or more major life activities or has a record of such an impairment.  This term does not include an individual whose impairment is a communicable disease.
Added by Acts 1989, 71st Leg., ch. 1208, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.171, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 35 - Support Services for Persons With Disabilities › Section 35.002. Adoption of Rules and Implementation of Program

Sec. 35.002.  ADOPTION OF RULES AND IMPLEMENTATION OF PROGRAM.  The executive commissioner shall adopt rules to implement and administer this chapter, including:
(1)  procedures and guidelines for determining eligibility standards relating to financial qualifications and the need for services and for determining eligibility criteria for selecting clients to receive assistance;
(2)  standards and procedures for approving qualified programs and support services;
(3)  procedures for conducting a periodic review of clients;
(4)  procedures and guidelines for determining when assistance duplicates other support programs or results in excessive support to a client;
(5)  reasonable payment rates for qualified programs and support services under this chapter; and
(6)  a copayment system in accordance with Section 35.007.
Added by Acts 1989, 71st Leg., ch. 1208, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.172, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 35 - Support Services for Persons With Disabilities › Section 35.003. Eligibility

Sec. 35.003.  ELIGIBILITY.  (a)  The department's rules must provide that an applicant for assistance is eligible to receive assistance if the applicant resides in this state and meets the department's eligibility criteria for income and need. A family or a person with a disability living independently may apply for assistance.
(b)  The department shall determine in accordance with department rules eligibility for support services from the results of current evaluations, program plans, and medical reports.  Those documents shall be provided to the department on request.  The department, if it considers necessary, shall provide any additional evaluations.
(c)  The department shall determine the applicant's needs and the support services for which the applicant is eligible in accordance with department rules and after consulting with the applicant.
(d)  In determining eligibility for support services under this chapter, the department shall determine if the applicant is eligible to receive the services from other support programs.  If the department determines that the applicant may receive the services from another support program and those services are available to the applicant, the department may deny the application.  If the department denies the application, the department shall provide to the applicant information on and referral to the appropriate support program.
(e)  A local or state agency may not consider assistance received under this chapter in determining eligibility for another support program unless that consideration is required by federal regulations.
(f)  If requested by the applicant, the commission's appeals division shall hold a hearing on the denial of an application.
Added by Acts 1989, 71st Leg., ch. 1208, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 76, Sec. 17, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.173, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 35 - Support Services for Persons With Disabilities › Section 35.004. Provision of Assistance and Support Services

Sec. 35.004.  PROVISION OF ASSISTANCE AND SUPPORT SERVICES.  (a)  The department shall provide assistance to compensate a client for present and future expenses, including:
(1)  the purchase or lease of special equipment or architectural modifications of a home to improve or facilitate the care, treatment, therapy, general living conditions, or access of a person with a disability;
(2)  medical, surgical, therapeutic, diagnostic, and other health services related to a person's disability or disabilities;
(3)  counseling or training programs that assist a family in providing proper care for a family member with a disability or assist a person with a disability in an independent living situation and that provide for the special needs of the family or person with a disability;
(4)  attendant care, home health aide services, homemaker services, and chore services that provide support with training, routine body functions, dressing, preparation and consumption of food, and ambulation;
(5)  respite support for a family, if the family is the client;
(6)  transportation services for the person with a disability;  and
(7)  transportation, room, and board costs incurred by a family or a person with a disability during evaluation or treatment of a person with a disability that have been preapproved by the department.
(b)  The executive commissioner by rule may add services and programs for which the department may provide assistance.
(c)  The department's duty to provide assistance under this chapter is determined and limited by the funds specifically appropriated to administer this chapter.
(d)  The department may seek, accept, and expend funds from other sources to provide assistance under this chapter.
Added by Acts 1989, 71st Leg., ch. 1208, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.174, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 35 - Support Services for Persons With Disabilities › Section 35.005. Payment of Assistance

Sec. 35.005.  PAYMENT OF ASSISTANCE.  (a)  The department may grant assistance of not more than $3,600 a year to a client and make periodic distributions or a lump-sum distribution according to the client's needs.  The commissioner of aging and disability services or the commissioner's designee may grant additional amounts on consideration of an individual client's needs.
(b)  In addition to the assistance authorized by Subsection (a), the department may award to a client a one-time grant of assistance of not more than $3,600 for architectural renovation or other capital expenditure to improve or facilitate the care, treatment, therapy, general living conditions, or access of a person with a disability.  The commissioner of aging and disability services or the commissioner's designee may grant additional amounts on consideration of an individual client's needs.
(c)  The department shall consult with the client to determine the manner of distribution of the assistance.  On agreement of the person with a disability or the head of the family, as appropriate, the department may distribute the assistance directly to the client or to a qualified program or provider of services serving the client.
Added by Acts 1989, 71st Leg., ch. 1208, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.175, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 35 - Support Services for Persons With Disabilities › Section 35.006. Selection of Programs or Providers

Sec. 35.006.  SELECTION OF PROGRAMS OR PROVIDERS.  (a)  Each client may select the client's program or provider of services, except that the client may select only a program or provider that complies with department standards.
(b)  The department shall require each program or provider to comply with department standards relating to the provision of support services and may disapprove payments for a program or provider that does not comply with the rules.
(c)  The department shall assist each client in locating and selecting qualified programs and services.
Added by Acts 1989, 71st Leg., ch. 1208, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 35 - Support Services for Persons With Disabilities › Section 35.007. Copayment System

Sec. 35.007.  COPAYMENT SYSTEM.  In accordance with department rules, the department shall establish a copayment system with each client using a scale for payments determined according to the client's need for financial assistance to acquire the necessary support services and the client's ability to pay for those services.
Added by Acts 1989, 71st Leg., ch. 1208, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.176, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 35 - Support Services for Persons With Disabilities › Section 35.008. Payment Rate

Sec. 35.008.  PAYMENT RATE.  (a)  The executive commissioner by rule shall establish a reasonable charge for each authorized support service.
(b)  The department's liability for the cost of a support service is limited to the amount of the charge for the service less the amount of any copayment required from the client.
Added by Acts 1989, 71st Leg., ch. 1208, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.177, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 35 - Support Services for Persons With Disabilities › Section 35.009. Client Responsibility for Payment

Sec. 35.009.  CLIENT RESPONSIBILITY FOR PAYMENT.  Each client shall pay:
(1)  the client's copayment;
(2)  the amount of charges in excess of the amount determined by the executive commissioner to be reasonable; and
(3)  the amount of charges incurred in excess of the maximum amount of assistance authorized by this chapter to be provided by the department.
Added by Acts 1989, 71st Leg., ch. 1208, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.178, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 35 - Support Services for Persons With Disabilities › Section 35.010. Review of Client's Needs

Sec. 35.010.  REVIEW OF CLIENT'S NEEDS.  (a)  The department shall regularly review each client's needs as established by the department.
(b)  The department shall review each client's needs when there is a change in the circumstances that were considered in determining eligibility or the amount of the required copayment.
Added by Acts 1989, 71st Leg., ch. 1208, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 35 - Support Services for Persons With Disabilities › Section 35.011. Notification of Change in Circumstances

Sec. 35.011.  NOTIFICATION OF CHANGE IN CIRCUMSTANCES.  The department shall require each client to notify the department of a change in circumstances that were considered in determining eligibility or the amount of the required copayment.
Added by Acts 1989, 71st Leg., ch. 1208, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 35 - Support Services for Persons With Disabilities › Section 35.012. Criminal Penalty

Sec. 35.012.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person, in obtaining or attempting to obtain assistance under this chapter for himself or another person:
(1)  makes or causes to be made a statement or representation the person knows to be false;  or
(2)  solicits or accepts any assistance for which the person knows that the person for whom the solicitation is made is not eligible.
(b)  An offense under this section is a felony of the third degree.
Added by Acts 1989, 71st Leg., ch. 1208, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 36 - Health Care Program Fraud Prevention › Subchapter A. General Provisions › Section 36.0011. Culpable Mental State

Sec. 36.0011.  CULPABLE MENTAL STATE.  (a)  For purposes of this chapter, a person acts "knowingly" with respect to information if the person:
(1)  has knowledge of the information;
(2)  acts with conscious indifference to the truth or falsity of the information; or
(3)  acts in reckless disregard of the truth or falsity of the information.
(b)  Proof of the person's specific intent to commit an unlawful act under Section 36.002 is not required in a civil or administrative proceeding to show that a person acted "knowingly" with respect to information under this chapter.
Added by Acts 2005, 79th Leg., Ch. 806 (S.B. 563), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 36 - Health Care Program Fraud Prevention › Subchapter A. General Provisions › Section 36.003. Documentary Material in Possession of State Agency

Sec. 36.003.  DOCUMENTARY MATERIAL IN POSSESSION OF STATE AGENCY.  (a)  A state agency, including the commission, the Department of State Health Services, the Department of Aging and Disability Services, and the Department of Family and Protective Services, shall provide the attorney general access to all documentary materials of persons and health care recipients under a health care program to which that agency has access.  Documentary material provided under this subsection is provided to permit investigation of an alleged unlawful act or for use or potential use in an administrative or judicial proceeding.
(b)  Except as ordered by a court for good cause shown, the office of the attorney general may not produce for inspection or copying or otherwise disclose the contents of documentary material obtained under this section to a person other than:
(1)  an employee of the attorney general;
(2)  an agency of this state, the United States, or another state;
(3)  a criminal district attorney, district attorney, or county attorney of this state;
(4)  the United States attorney general;
(5)  a state or federal grand jury;
(6)  a political subdivision of this state; or
(7)  a person authorized by the attorney general to receive the information.
Added by Acts 1995, 74th Leg., ch. 824, Sec. 1, eff. Sept. 1, 1995.  Renumbered from Human Resources Code Sec. 36.007 by Acts 1997, 75th Leg., ch. 1153, Sec. 4.01(a), eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 806 (S.B. 563), Sec. 4, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.181, eff. April 2, 2015.
Acts 2023, 88th Leg., R.S., Ch. 273 (S.B. 745), Sec. 5, eff. September 1, 2023.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 36 - Health Care Program Fraud Prevention › Subchapter A. General Provisions › Section 36.004. Immunity

Sec. 36.004.  IMMUNITY.  Notwithstanding any other law, a person is not civilly or criminally liable for providing access to documentary material under this chapter to:
(1)  an employee of the attorney general;
(2)  an agency of this state, the United States, or another state;
(3)  a criminal district attorney, district attorney, or county attorney of this state;
(4)  the United States attorney general;
(5)  a state or federal grand jury;
(6)  a political subdivision of this state; or
(7)  a person authorized by the attorney general to receive the information.
Added by Acts 1995, 74th Leg., ch. 824, Sec. 1, eff. Sept. 1, 1995.  Renumbered from Human Resources Code Sec. 36.008 by Acts 1997, 75th Leg., ch. 1153, Sec. 4.01(a), eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 806 (S.B. 563), Sec. 5, eff. September 1, 2005.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 36 - Health Care Program Fraud Prevention › Subchapter A. General Provisions › Section 36.006. Application of Other Law

Sec. 36.006.  APPLICATION OF OTHER LAW.  The application of a civil remedy under this chapter does not preclude the application of another common law, statutory, or regulatory remedy, except that a person may not be liable for a civil remedy under this chapter and civil damages or a penalty under Section 32.039 if the civil remedy and civil damages or penalty are assessed for the same act.
Added by Acts 1995, 74th Leg., ch. 824, Sec. 1, eff. Sept. 1, 1995.  Renumbered from Human Resources Code Sec. 36.010 by Acts 1997, 75th Leg., ch. 1153, Sec. 4.01(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 36 - Health Care Program Fraud Prevention › Subchapter A. General Provisions › Section 36.007. Recovery of Costs, Fees, and Expenses

Sec. 36.007.  RECOVERY OF COSTS, FEES, AND EXPENSES.  The attorney general may recover fees, expenses, and costs reasonably incurred in obtaining injunctive relief or civil remedies or in conducting investigations under this chapter, including court costs, reasonable attorney's fees, witness fees, and deposition fees.
Added by Acts 1995, 74th Leg., ch. 824, Sec. 1, eff. Sept. 1, 1995.  Renumbered from Human Resources Code Sec. 36.011 by Acts 1997, 75th Leg., ch. 1153, Sec. 4.01(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 36 - Health Care Program Fraud Prevention › Subchapter A. General Provisions › Section 36.008. Use of Money Recovered

Sec. 36.008.  USE OF MONEY RECOVERED.  The legislature, in appropriating money recovered under this chapter, shall consider the requirements of the attorney general and other affected state agencies in investigating health care program fraud and enforcing this chapter.
Added by Acts 1995, 74th Leg., ch. 824, Sec. 1, eff. Sept. 1, 1995.  Renumbered from Human Resources Code Sec. 36.012 by Acts 1997, 75th Leg., ch. 1153, Sec. 4.01(a), eff. Sept. 1, 1997.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 273 (S.B. 745), Sec. 7, eff. September 1, 2023.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 36 - Health Care Program Fraud Prevention › Subchapter B. Action by Attorney General › Section 36.051. Injunctive Relief

Sec. 36.051.  INJUNCTIVE RELIEF.  (a)  If the attorney general has reason to believe that a person is committing, has committed, or is about to commit an unlawful act, the attorney general may institute an action for an appropriate order to restrain the person from committing or continuing to commit the act.
(b)  An action under this section shall be brought in a district court of Travis County or of a county in which any part of the unlawful act occurred, is occurring, or is about to occur.
Added by Acts 1995, 74th Leg., ch. 824, Sec. 1, eff. Sept. 1, 1995.  Renumbered from Human Resources Code Sec. 36.003 by Acts 1997, 75th Leg., ch. 1153, Sec. 4.01(b), eff. Sept. 1, 1997.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 36 - Health Care Program Fraud Prevention › Subchapter B. Action by Attorney General › Section 36.055. Attorney General as Relator in Federal Action

Sec. 36.055.  ATTORNEY GENERAL AS RELATOR IN FEDERAL ACTION.  To the extent permitted by 31 U.S.C. Sections 3729-3733, the attorney general may bring an action as relator under 31 U.S.C. Section 3730 with respect to an act in connection with a health care program for which a person may be held liable under 31 U.S.C. Section 3729.  The attorney general may contract with a private attorney to represent the state under this section.
Added by Acts 1997, 75th Leg., ch. 1153, Sec. 4.07(a), eff. Sept. 1, 1997.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 273 (S.B. 745), Sec. 10, eff. September 1, 2023.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 36 - Health Care Program Fraud Prevention › Subchapter C. Action by Private Persons › Section 36.101. Action by Private Person Authorized

Sec. 36.101.  ACTION BY PRIVATE PERSON AUTHORIZED.  (a)  A person may bring a civil action for a violation of Section 36.002 for the person and for the state.  The action shall be brought in the name of the person and of the state.
(b)  In an action brought under this subchapter, a person who violates Section 36.002 is liable as provided by Section 36.052.
Added by Acts 1997, 75th Leg., ch. 1153, Sec. 4.08, eff. Sept. 1, 1997.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 36 - Health Care Program Fraud Prevention › Subchapter C. Action by Private Persons › Section 36.102. Initiation of Action; Consent Required for Dismissal

Sec. 36.102.  INITIATION OF ACTION; CONSENT REQUIRED FOR DISMISSAL.  (a)  A person bringing an action under this subchapter shall serve a copy of the petition and a written disclosure of substantially all material evidence and information the person possesses on the attorney general in compliance with the Texas Rules of Civil Procedure.
(b)  The petition shall be filed in camera and, except as provided by Subsection (c-1) or (d), shall remain under seal until at least the 180th day after the date the petition is filed or the date on which the state elects to intervene, whichever is earlier.  The petition may not be served on the defendant until the court orders service on the defendant.
(c)  The state may elect to intervene and proceed with the action not later than the 180th day after the date the attorney general receives the petition and the material evidence and information.
(c-1)  At the time the state intervenes, the attorney general may file a motion with the court requesting that the petition remain under seal for an extended period.
(d)  The state may, for good cause shown, move the court to extend the 180-day deadline under Subsection (b) or (c).  A motion under this subsection may be supported by affidavits or other submissions in camera.
(e)  An action under this subchapter may be dismissed only if the court and the attorney general consent in writing to the dismissal and state their reasons for consenting.
Added by Acts 1997, 75th Leg., ch. 1153, Sec. 4.08, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 806 (S.B. 563), Sec. 10, eff. September 1, 2005.
Acts 2019, 86th Leg., R.S., Ch. 97 (H.B. 2004), Sec. 1, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 97 (H.B. 2004), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 36 - Health Care Program Fraud Prevention › Subchapter C. Action by Private Persons › Section 36.1021. Standard of Proof

Sec. 36.1021.  STANDARD OF PROOF.  In an action under this subchapter, the state or person bringing the action must establish each element of the action, including damages, by a preponderance of the evidence.
Added by Acts 2007, 80th Leg., R.S., Ch. 29 (S.B. 362), Sec. 2, eff. May 4, 2007.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 36 - Health Care Program Fraud Prevention › Subchapter C. Action by Private Persons › Section 36.103. Answer by Defendant

Sec. 36.103.  ANSWER BY DEFENDANT.  A defendant is not required to file in accordance with the Texas Rules of Civil Procedure an answer to a petition filed under this subchapter until the petition is unsealed and served on the defendant.
Added by Acts 1997, 75th Leg., ch. 1153, Sec. 4.08, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 806 (S.B. 563), Sec. 11, eff. September 1, 2005.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 36 - Health Care Program Fraud Prevention › Subchapter C. Action by Private Persons › Section 36.104. State Decision; Continuation of Action

Sec. 36.104.  STATE DECISION; CONTINUATION OF ACTION.  (a)  Not later than the last day of the period prescribed by Section 36.102(c) or an extension of that period as provided by Section 36.102(d), the state shall:
(1)  proceed with the action; or
(2)  notify the court that the state declines to take over the action.
(b)  If the state declines to take over the action, the person bringing the action may proceed without the state's participation.  A person proceeding under this subsection may recover for an unlawful act for a period of up to six years before the date the lawsuit was filed, or for a period beginning when the unlawful act occurred until up to three years from the date the state knows or reasonably should have known facts material to the unlawful act, whichever of these two periods is longer, regardless of whether the unlawful act occurred more than six years before the date the lawsuit was filed.  Notwithstanding the preceding sentence, in no event shall a person proceeding under this subsection recover for an unlawful act that occurred more than 10 years before the date the lawsuit was filed.
(b-1)  On request by the state, the state is entitled to be served with copies of all pleadings filed in the action and be provided at the state's expense with copies of all deposition transcripts.  If the person bringing the action proceeds without the state's participation, the court, without limiting the status and right of that person, may permit the state to intervene at a later date on a showing of good cause.
Added by Acts 1997, 75th Leg., ch. 1153, Sec. 4.08, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 806 (S.B. 563), Sec. 12, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 29 (S.B. 362), Sec. 3, eff. May 4, 2007.
Acts 2007, 80th Leg., R.S., Ch. 29 (S.B. 362), Sec. 4, eff. May 4, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 572 (S.B. 746), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 36 - Health Care Program Fraud Prevention › Subchapter C. Action by Private Persons › Section 36.105. Representation of State by Private Attorney

Sec. 36.105.  REPRESENTATION OF STATE BY PRIVATE ATTORNEY.  The attorney general may contract with a private attorney to represent the state in an action under this subchapter with which the state elects to proceed.
Added by Acts 1997, 75th Leg., ch. 1153, Sec. 4.08, eff. Sept. 1, 1997.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 36 - Health Care Program Fraud Prevention › Subchapter C. Action by Private Persons › Section 36.106. Intervention by Other Parties Prohibited

Sec. 36.106.  INTERVENTION BY OTHER PARTIES PROHIBITED.  A person other than the state may not intervene or bring a related action based on the facts underlying a pending action brought under this subchapter.
Added by Acts 1997, 75th Leg., ch. 1153, Sec. 4.08, eff. Sept. 1, 1997.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 36 - Health Care Program Fraud Prevention › Subchapter C. Action by Private Persons › Section 36.107. Rights of Parties if State Continues Action

Sec. 36.107.  RIGHTS OF PARTIES IF STATE CONTINUES ACTION.  (a)  If the state proceeds with the action, the state has the primary responsibility for prosecuting the action and is not bound by an act of the person bringing the action.  The person bringing the action has the right to continue as a party to the action, subject to the limitations set forth by this section.
(b)  The state may dismiss the action notwithstanding the objections of the person bringing the action if:
(1)  the attorney general notifies the person that the state has filed a motion to dismiss;  and
(2)  the court provides the person with an opportunity for a hearing on the motion.
(c)  The state may settle the action with the defendant notwithstanding the objections of the person bringing the action if the court determines, after a hearing, that the proposed settlement is fair, adequate, and reasonable under all the circumstances.  On a showing of good cause, the hearing may be held in camera.
(d)  On a showing by the state that unrestricted participation during the course of the litigation by the person bringing the action would interfere with or unduly delay the state's prosecution of the case, or would be repetitious, irrelevant, or for purposes of harassment, the court may impose limitations on the person's participation, including:
(1)  limiting the number of witnesses the person may call;
(2)  limiting the length of the testimony of witnesses called by the person;
(3)  limiting the person's cross-examination of witnesses;  or
(4)  otherwise limiting the participation by the person in the litigation.
(e)  On a showing by the defendant that unrestricted participation during the course of the litigation by the person bringing the action would be for purposes of harassment or would cause the defendant undue burden or unnecessary expense, the court may limit the participation by the person in the litigation.
Added by Acts 1997, 75th Leg., ch. 1153, Sec. 4.08, eff. Sept. 1, 1997.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 36 - Health Care Program Fraud Prevention › Subchapter C. Action by Private Persons › Section 36.108. Stay of Certain Discovery

Sec. 36.108.  STAY OF CERTAIN DISCOVERY.  (a)  On a showing by the state that certain actions of discovery by the person bringing the action would interfere with the state's investigation or prosecution of a criminal or civil matter arising out of the same facts, the court may stay the discovery for a period not to exceed 60 days.
(b)  The court shall hear a motion to stay discovery under this section in camera.
(c)  The court may extend the period prescribed by Subsection (a) on a further showing in camera that the state has pursued the criminal or civil investigation or proceedings with reasonable diligence and that any proposed discovery in the civil action will interfere with the ongoing criminal or civil investigation or proceedings.
Added by Acts 1997, 75th Leg., ch. 1153, Sec. 4.08, eff. Sept. 1, 1997.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 36 - Health Care Program Fraud Prevention › Subchapter C. Action by Private Persons › Section 36.109. Pursuit of Alternate Remedy by State

Sec. 36.109.  PURSUIT OF ALTERNATE REMEDY BY STATE.  (a)  Notwithstanding Section 36.101, the state may elect to pursue the state's claim through any alternate remedy available to the state, including any administrative proceeding to determine an administrative penalty.  If an alternate remedy is pursued in another proceeding, the person bringing the action has the same rights in the other proceeding as the person would have had if the action had continued under this subchapter.
(b)  A finding of fact or conclusion of law made in the other proceeding that has become final is conclusive on all parties to an action under this subchapter.  For purposes of this subsection, a finding or conclusion is final if:
(1)  the finding or conclusion has been finally determined on appeal to the appropriate court;
(2)  no appeal has been filed with respect to the finding or conclusion and all time for filing an appeal has expired;  or
(3)  the finding or conclusion is not subject to judicial review.
Added by Acts 1997, 75th Leg., ch. 1153, Sec. 4.08, eff. Sept. 1, 1997.