reglab/statecodes huggingface dataset:
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 31 - Financial Assistance and Service Programs › Subchapter A. Eligibility for Financial Assistance and Services › Section 31.015. Healthy Marriage Development Program

Sec. 31.015.  HEALTHY MARRIAGE DEVELOPMENT PROGRAM.  (a)  Subject to available federal funding, the commission shall develop and implement a healthy marriage development program for recipients of financial assistance under this chapter.
(b)  The healthy marriage development program shall promote and provide three instructional courses on the following topics:
(1)  premarital counseling for engaged couples and marriage counseling for married couples that includes skill development for:
(A)  anger resolution;
(B)  family violence prevention;
(C)  communication;
(D)  honoring your spouse;  and
(E)  managing a budget;
(2)  physical fitness and active lifestyles and nutrition and cooking, including:
(A)  abstinence for all unmarried persons, including abstinence for persons who have previously been married;  and
(B)  nutrition on a budget;  and
(3)  parenting skills, including parenting skills for character development, academic success, and stepchildren.
(c)  The commission shall provide to a recipient of financial assistance under this chapter additional financial assistance of not more than $20 for the recipient's participation in a course offered through the healthy marriage development program up to a maximum payment of $60 a month.
(d)  The commission may provide the courses or may contract with any person, including a community or faith-based organization, for the provision of the courses.  The commission must provide all participants with an option of attending courses in a non-faith-based organization.
(e)  The executive commissioner shall develop rules as necessary for the administration of the healthy marriage development program.
(f)  The commission must ensure that the courses provided by the commission and courses provided through contracts with other organizations will be sensitive to the needs of individuals from different religions, races, and genders.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 2.91, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.061, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 31 - Financial Assistance and Service Programs › Subchapter A. Eligibility for Financial Assistance and Services › Section 31.016. Service Referrals for Certain Recipients

Sec. 31.016.  SERVICE REFERRALS FOR CERTAIN RECIPIENTS.  To the extent practicable using existing revenue, the executive commissioner, by rule, shall develop and the commission shall implement a plan to:
(1)  identify recipients of financial assistance that are at risk of exhausting their benefits under Section 31.0065; and
(2)  provide referrals for the recipient and the recipient's family to appropriate preventive and support services, including faith-based services.
Acts 2003, 78th Leg., ch. 1169, Sec. 14, eff. Sept. 1, 2003.
Renumbered from Human Resources Code, Section 31.015 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(56), eff. September 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.062, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 31 - Financial Assistance and Service Programs › Subchapter A. Eligibility for Financial Assistance and Services › Section 31.017. Healthy Marriages and Strong Families Grant Program

Sec. 31.017.  HEALTHY MARRIAGES AND STRONG FAMILIES GRANT PROGRAM.  (a)  The commission may administer a grant program to provide grants in amounts not to exceed $50,000 to programs that provide marriage education services and support the development of healthy marriages or strengthening of families.  Grant recipients may use grant money to provide direct services to participants, develop a program, enlarge program capacity, or pay other program expenses, including provider training and technical assistance expenses.
(b)  In selecting grant recipients, the commission shall give preference to applicants:
(1)  whose programs will contribute to the geographic diversity of program locations; or
(2)  who operate small programs, but who seek to maximize service delivery and build capacity.
(c)  The commission shall require that each grant recipient provide program services at no cost to participants.
(d)  The commission may contract with private entities to provide marriage education training and curriculum, technical assistance, and other support to grant recipients.  In selecting entities to provide these services, the commission shall consider whether a prospective provider has knowledge and understanding of the needs of grant recipients operating programs in different areas of this state.
(e)  The executive commissioner may adopt rules to implement this section.
Added by Acts 2007, 80th Leg., R.S., Ch. 1249 (H.B. 2683), Sec. 1, eff. September 1, 2007.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.062, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 31 - Financial Assistance and Service Programs › Subchapter A. Eligibility for Financial Assistance and Services › Section 31.018. Marriage and Family Program Funding

Sec. 31.018.  MARRIAGE AND FAMILY PROGRAM FUNDING.  (a)  To the extent authorized by federal law, the commission shall spend a minimum of one percent of money received under the federal Temporary Assistance for Needy Families block grant during each state fiscal year to fund programs that support the development of healthy marriages or the strengthening of families, including the healthy marriage development program under Section 31.015 and the healthy marriages and strong families grant program under Section 31.017.
(b)  Using not more than 10 percent of the money required to be spent as provided by Subsection (a), the commission, through a contract or agreement with a public senior college or university, as defined by Section 61.003, Education Code, shall establish a process for evaluating the best practices and outcomes of programs funded under Subsection (a).
Added by Acts 2007, 80th Leg., R.S., Ch. 1249 (H.B. 2683), Sec. 1, eff. September 1, 2007.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.062, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 31 - Financial Assistance and Service Programs › Subchapter B. Administration of Financial Assistance and Services › Section 31.031. Application for Assistance

Sec. 31.031.  APPLICATION FOR ASSISTANCE.  (a)  The executive commissioner by rule shall prescribe the form for applications for assistance authorized by this chapter and the manner of their submission.
(b)  The commission may require the applicant to state the amount of property in which he or she has an interest, the amount of income which he or she has at the time the application is filed, and other information.
(c)  The commission shall require the applicant to provide proof to the commission that each person who will receive assistance under this chapter is:
(1)  a United States citizen or has a satisfactory immigration status under Title IV, Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. Sections 1601-1646); and
(2)  a resident of this state.
(d)  The commission shall require the applicant to provide proof to the commission that each child five years of age or younger, or a child who is not enrolled in public school, for whom the applicant will receive assistance:
(1)  has been immunized in accordance with Section 161.004, Health and Safety Code;
(2)  is currently receiving an immunization series in accordance with Section 161.004, Health and Safety Code, if the child is of sufficient age; or
(3)  is exempted under Section 161.004(d), Health and Safety Code.
(e)  An applicant who cannot provide the proof required by Subsection (d) at the time of application shall provide the proof not later than the 180th day after the date the commission determines the applicant is eligible for financial assistance.
(f)  The commission shall provide the applicant with information regarding immunization services available in the applicant's residential area.  If the applicant does not read or comprehend English, the commission shall provide the information in a language that the applicant reads or comprehends.
(g)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 4.465(a)(33), eff. April 2, 2015.
Acts 1979, 66th Leg., p. 2346, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.  Amended by Acts 1995, 74th Leg., ch. 655, Sec. 2.01(a), 2.04, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.063, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.465(a)(33), eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 31 - Financial Assistance and Service Programs › Subchapter B. Administration of Financial Assistance and Services › Section 31.0315. Determination of Parentage

Sec. 31.0315.  DETERMINATION OF PARENTAGE.  (a)  A parent applying for assistance on behalf of a child shall identify the parent's spouse or, if unmarried, shall provide the name and last known address of the mother or alleged father of the child, as applicable.
(b)  If the applying parent is under 18 years of age and resides with relatives, the applicant's relatives shall cooperate in identifying the other parent.
(c)  A person who is not a parent and who is applying for assistance on behalf of a child shall provide the name and last known address of the mother and alleged father of the child.
(d)  The commission may waive the requirements of this section if it determines that there exists a reasonable explanation why it is impossible to provide the information required under Subsection (a), (b), or (c) or if it would not be in the best interests of the child to provide the information.  In determining whether the best interests of the child warrant waiving the information requirements of this section, the commission shall consider all relevant provisions of federal law and regulations.
(e)  The commission shall forward to the attorney general's office information received under this section.
(f)  If the parent of a dependent child is under 17 years of age and the Title IV-D agency determines that the child's birth may be the result of sexual conduct that constitutes a criminal offense under the Penal Code, that agency shall refer the case to the appropriate law enforcement agency for further investigation.
Added by Acts 1993, 73rd Leg., ch. 721, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 655, Sec. 1.06, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.064, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 31 - Financial Assistance and Service Programs › Subchapter B. Administration of Financial Assistance and Services › Section 31.032. Investigation and Determination of Eligibility

Sec. 31.032.  INVESTIGATION AND DETERMINATION OF ELIGIBILITY.  (a)  On receipt of an application for assistance authorized by this chapter, the commission shall investigate and record the applicant's circumstances in order to ascertain the facts supporting the application and to obtain other information it may require.
(b)  After completing its investigation, the commission shall determine whether the applicant is eligible for the assistance, the type and amount of assistance, the date on which the assistance shall begin, and the manner in which payments shall be made.
(c)  The commission shall promptly notify the applicant of its final action.
(d)  In determining whether an applicant is eligible for assistance, the commission shall exclude from the applicant's available resources:
(1)  $1,000 for the applicant's household, including a household in which there is a person with a disability or a person who is at least 60 years of age; and
(2)  the fair market value of the applicant's ownership interest in a motor vehicle, but not more than $5,000 plus or minus an amount to be determined annually beginning on October 1, 1997, to reflect changes in the new car component of the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics.
(e)  If federal regulations governing the maximum allowable resources under the supplemental nutrition assistance program, 7 C.F.R. Part 273, are revised, the executive commissioner shall adjust the standards that determine available resources under Subsection (d) to reflect those revisions.
Acts 1979, 66th Leg., p. 2346, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.  Amended by Acts 1995, 74th Leg., ch. 655, Sec. 1.07, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 198, Sec. 2.201(a), eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1251, Sec. 5(a), eff. June 20, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.065, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 31 - Financial Assistance and Service Programs › Subchapter B. Administration of Financial Assistance and Services › Section 31.0324. Assignment of Protective Payee

Sec. 31.0324.  ASSIGNMENT OF PROTECTIVE PAYEE.  (a)  In this section, "protective payee" means a person who:
(1)  is interested in or concerned with the welfare of a child or relative of a child receiving financial assistance;  and
(2)  acts for the recipient of financial assistance in receiving or managing the financial assistance payment.
(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.
Added by Acts 2001, 77th Leg., ch. 1316, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.067, eff. April 2, 2015.
Acts 2021, 87th Leg., R.S., Ch. 362 (S.B. 263), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 31 - Financial Assistance and Service Programs › Subchapter B. Administration of Financial Assistance and Services › Section 31.0326. Verification of Identity and Prevention of Duplicate Participation

Sec. 31.0326.  VERIFICATION OF IDENTITY AND PREVENTION OF DUPLICATE PARTICIPATION.  The commission shall use appropriate technology to:
(1)  confirm the identity of applicants for benefits under the financial assistance program; and
(2)  prevent duplicate participation in the program by a person.
Added by Acts 2011, 82nd Leg., R.S., Ch. 944 (H.B. 710), Sec. 1, eff. June 17, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.068, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 31 - Financial Assistance and Service Programs › Subchapter B. Administration of Financial Assistance and Services › Section 31.033. Reinvestigation and Redetermination of Eligibility

Sec. 31.033.  REINVESTIGATION AND REDETERMINATION OF ELIGIBILITY.  (a)  The commission may require periodic reconsideration of continued eligibility for assistance.
(b)  After reconsideration of continuing eligibility, the commission may change the amount of assistance or withdraw it if the commission finds that the recipient's circumstances have altered sufficiently to warrant that action.
(c)  The commission may cancel or suspend assistance for a period of time if the commission finds that the recipient is currently ineligible to receive it.
(d)  The commission shall notify the recipient immediately of its decision to change or withdraw assistance.
(e)  A recipient of assistance must notify the commission immediately if he or she comes into possession of income or resources in excess of the amount previously reported.
Acts 1979, 66th Leg., p. 2346, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.068, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 31 - Financial Assistance and Service Programs › Subchapter B. Administration of Financial Assistance and Services › Section 31.034. Appeal From Local Eligibility Offices

Sec. 31.034.  APPEAL FROM LOCAL ELIGIBILITY OFFICES.  (a)  An applicant for or recipient of financial assistance authorized by this chapter may appeal to the commission an action or failure to act by a local eligibility office relating to the financial assistance.  The commission shall grant the applicant or recipient an opportunity for a hearing after reasonable notice.
(b)  An applicant or recipient, or his or her authorized agent, may submit a written request for the information contained in the records of the local eligibility office on which the action being appealed is based, and the local eligibility office shall advise the person making the request of the information within a reasonable time prior to the hearing.  Information not provided to the requesting party may not be considered by the commission at the hearing as a basis for decision.
Acts 1979, 66th Leg., p. 2346, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.068, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 31 - Financial Assistance and Service Programs › Subchapter B. Administration of Financial Assistance and Services › Section 31.035. Method of Payment

Sec. 31.035.  METHOD OF PAYMENT.  (a)  The commission shall periodically furnish the comptroller with a list of persons eligible for financial assistance under this chapter and the amount to which each person is entitled.
(b)  The comptroller shall draw payments for the specified amounts on the proper accounts and shall transmit the payments to the commission.  The commission shall supervise the delivery of the payments to the persons entitled to them.
Acts 1979, 66th Leg., p. 2346, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.  Amended by Acts 1985, 69th Leg., ch. 264, Sec. 11, eff. Aug. 26, 1985.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.068, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 31 - Financial Assistance and Service Programs › Subchapter B. Administration of Financial Assistance and Services › Section 31.0355. Use of Financial Assistance

Sec. 31.0355.  USE OF FINANCIAL ASSISTANCE.  (a)  Financial assistance granted to a person under this chapter may be used only to purchase goods and services that are considered essential and necessary for the welfare of the family, including food, clothing, housing, utilities, child care, and incidentals such as transportation and medicine or medical supplies or equipment not covered by Medicaid.  The executive commissioner by rule shall define what constitutes essential and necessary goods and services for purposes of this subsection.
(b)  If a recipient of financial assistance who receives the assistance by electronic benefits transfer to an account is authorized to make a cash withdrawal from the account through a provider of the goods or services described by Subsection (a), the recipient may make the cash withdrawal only at the customer service department of the provider and not at the provider's point-of-sale terminal.
(c)  The commission shall encourage housing authorities, utility companies, public transportation companies, and other nonfood retailers to accept payment for goods and services described by Subsection (a) through the state's electronic benefits transfer (EBT) system.
(d)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 4.465(a)(34), eff. April 2, 2015.
(e)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 4.465(a)(34), eff. April 2, 2015.
(f)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 4.465(a)(34), eff. April 2, 2015.
Added by Acts 1997, 75th Leg., ch. 637, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.069, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.465(a)(34), eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 31 - Financial Assistance and Service Programs › Subchapter B. Administration of Financial Assistance and Services › Section 31.036. Eligibility of Person Leaving the State

Sec. 31.036.  ELIGIBILITY OF PERSON LEAVING THE STATE.  A recipient of assistance who moves out of the state is no longer eligible for the assistance.  However, a recipient's temporary absence from the state for reasons and for periods of time approved by the commission does not terminate the recipient's eligibility for assistance.
Acts 1979, 66th Leg., p. 2346, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.070, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 31 - Financial Assistance and Service Programs › Subchapter B. Administration of Financial Assistance and Services › Section 31.037. Payment of Financial Assistance Funds on Death of Recipient

Sec. 31.037.  PAYMENT OF FINANCIAL ASSISTANCE FUNDS ON DEATH OF RECIPIENT.  (a)  If a person dies during a month for which the person is eligible for financial assistance and has not spent all of that month's financial assistance payment, the commission may pay financial assistance to the person who was responsible for caring for the recipient at the time of his or her death and who is responsible for paying the obligations incurred by the recipient.
(b)  The executive commissioner shall adopt rules prescribing the method of determining the person entitled to receive the deceased recipient's financial assistance, the manner of payment of the funds, and limitations on the payments.
(c)  Payments to persons responsible for deceased recipients under this section may be made only in the manner and to the extent permissible under the laws and regulations governing the disbursement of funds received through the United States Department of Health and Human Services.
Acts 1979, 66th Leg., p. 2347, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.070, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 31 - Financial Assistance and Service Programs › Subchapter B. Administration of Financial Assistance and Services › Section 31.038. Cancellation of Unused Benefits

Sec. 31.038.  CANCELLATION OF UNUSED BENEFITS.  The commission may cancel financial assistance benefits that have not been spent within a reasonable period of time after issuance.  The cancellation must be performed in the manner required by rules of the comptroller.
Acts 1979, 66th Leg., p. 2347, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.  Amended by Acts 1999, 76th Leg., ch. 1467, Sec. 1.33, eff. June 19, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.070, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 31 - Financial Assistance and Service Programs › Subchapter B. Administration of Financial Assistance and Services › Section 31.039. Issuance of Replacement Financial Assistance Warrants and Electronic Benefits Transfer Cards

Sec. 31.039.  ISSUANCE OF REPLACEMENT FINANCIAL ASSISTANCE WARRANTS AND ELECTRONIC BENEFITS TRANSFER CARDS.  (a)  The comptroller may issue a replacement financial assistance warrant to a recipient who has failed to receive or has lost the original warrant in accordance with Section 403.054, Government Code.
(b)  The commission may issue a replacement electronic benefits transfer card to a recipient who failed to receive or lost the original card.
Acts 1979, 66th Leg., p. 2347, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.  Amended by Acts 1985, 69th Leg., ch. 794, Sec. 12, eff. Aug. 26, 1985;  Acts 1993, 73rd Leg., ch. 449, Sec. 35, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.070, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 31 - Financial Assistance and Service Programs › Subchapter B. Administration of Financial Assistance and Services › Section 31.040. Nontransferability of Assistance Funds

Sec. 31.040.  NONTRANSFERABILITY OF ASSISTANCE FUNDS.  The right to financial assistance granted to recipients under this chapter may not be transferred or assigned at law or in equity, and the funds are not subject to execution, levy, attachment, garnishment, or other legal process or to the operation of an insolvency law.
Acts 1979, 66th Leg., p. 2347, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 31 - Financial Assistance and Service Programs › Subchapter B. Administration of Financial Assistance and Services › Section 31.041. Right to Assistance Not Vested

Sec. 31.041.  RIGHT TO ASSISTANCE NOT VESTED.  (a)  The provisions of this chapter providing assistance shall not be construed as vesting a right in the recipient to the assistance.
(b)  Assistance granted under this chapter is subject to modification or repeal by the legislature, and a recipient has no claim for compensation or otherwise because the law authorizing the assistance is amended or repealed.
Acts 1979, 66th Leg., p. 2347, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 31 - Financial Assistance and Service Programs › Subchapter B. Administration of Financial Assistance and Services › Section 31.042. Proration of Financial Assistance

Sec. 31.042.  PRORATION OF FINANCIAL ASSISTANCE.  If at any time state funds are not available to pay in full all financial assistance authorized in this chapter, the executive commissioner may direct the proration of the financial assistance.
Acts 1979, 66th Leg., p. 2348, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.070, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 31 - Financial Assistance and Service Programs › Subchapter B. Administration of Financial Assistance and Services › Section 31.043. Fill-the-Gap Budgeting

Sec. 31.043.  FILL-THE-GAP BUDGETING.  (a)  To extend the period of supported employment for families who receive financial assistance under this chapter, the commission may use a form of fill-the-gap budgeting or another method under which the commission disregards earnings of family members who obtain employment while receiving the assistance.
(b)  The commission may limit the percentage of earnings disregarded, impose a time limit on how long the earnings are disregarded, or gradually reduce the percentage of earnings disregarded in order to remain within available funding.
(c)  Funding for earnings disregards may also come from savings associated with sanctions related to noncompliance with the personal responsibility agreement and work requirements in this chapter, from savings resulting from caseload declines below projections specified in the appropriations bill, and from Temporary Assistance for Needy Families (TANF) block grant funds.
(d)  In this section, "fill-the-gap budgeting" means a system of budgeting in which benefits are gradually lowered using a percentage of the difference between the standard of need and the countable income to calculate the grant benefit.
Added by Acts 1997, 75th Leg., ch. 878, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.071, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 31 - Financial Assistance and Service Programs › Subchapter B. Administration of Financial Assistance and Services › Section 31.044. Inactive Electronic Benefits Transfer Account

Sec. 31.044.  INACTIVE ELECTRONIC BENEFITS TRANSFER ACCOUNT.  (a)  This section applies only to an account to which financial assistance provided under this chapter has been transferred under the electronic benefits transfer system for access and use by a recipient of that assistance.
(b)  The commission shall close an account that has not been used by the account holder during the preceding 12 months.
(c)  The comptroller shall withdraw any unused benefits remaining in the account and disburse the benefits as authorized by federal and state law.
Added by Acts 1997, 75th Leg., ch. 322, Sec. 4, eff. May 26, 1997;  Acts 1997, 75th Leg., ch. 458, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Sec. 31.043 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(72), eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.072, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 31 - Financial Assistance and Service Programs › Subchapter B. Administration of Financial Assistance and Services › Section 31.045. Peace Officers

Text of section effective until January 01, 2025
Sec. 31.045.  PEACE OFFICERS.  The commission's office of inspector general may employ and commission peace officers for the purpose of assisting the office in the investigation of fraud, waste, or abuse in the financial assistance program.  A peace officer employed and commissioned by the office is a peace officer for purposes of Article 2.12, Code of Criminal Procedure.
Added by Acts 2017, 85th Leg., R.S., Ch. 856 (H.B. 2523), Sec. 2, eff. June 15, 2017.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.127, eff. January 1, 2025.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 31 - Financial Assistance and Service Programs › Subchapter B. Administration of Financial Assistance and Services › Section 31.045. Peace Officers

Text of section effective on January 01, 2025
Sec. 31.045.  PEACE OFFICERS.  The commission's office of inspector general may employ and commission peace officers for the purpose of assisting the office in the investigation of fraud, waste, or abuse in the financial assistance program.  A peace officer employed and commissioned by the office is a peace officer for purposes of Article 2A.001, Code of Criminal Procedure.
Added by Acts 2017, 85th Leg., R.S., Ch. 856 (H.B. 2523), Sec. 2, eff. June 15, 2017.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.127, eff. January 1, 2025.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 31 - Financial Assistance and Service Programs › Subchapter C. Limitation on Amount of Financial Assistance › Section 31.051. Definition

Sec. 31.051.  DEFINITION.  In this subchapter, "state budget" shall equal the amount appropriated by the legislature for the biennium from funds subject to the limitations set forth in the Texas Constitution, including any appropriated federal funds in the amounts estimated in the Act making such appropriations.
Added by Acts 1983, 68th Leg., p. 1667, ch. 312, Sec. 1, eff. Aug. 29, 1983.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 31 - Financial Assistance and Service Programs › Subchapter C. Limitation on Amount of Financial Assistance › Section 31.052. Limitation on Amount of Financial Assistance

Sec. 31.052.  LIMITATION ON AMOUNT OF FINANCIAL ASSISTANCE.  For each fiscal biennium, the maximum amount that may be paid out of state funds for assistance grants to or on behalf of needy dependent children and their caretakers may not exceed one percent of the state budget.
Added by Acts 1983, 68th Leg., p. 1667, ch. 312, Sec. 1, eff. Aug. 29, 1983.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 31 - Financial Assistance and Service Programs › Subchapter C. Limitation on Amount of Financial Assistance › Section 31.053. Determination by Legislative Budget Board

Sec. 31.053.  DETERMINATION BY LEGISLATIVE BUDGET BOARD.  (a)  With regard to the general appropriations bill introduced in each house in each regular session, it shall be the duty of the legislative budget director, not later than the seventh day of the session, to inform in writing the lieutenant governor and the speaker of the house of representatives of three items of information:
(1)  the biennial amount of the "state budget," as defined for the purposes of this subchapter, based on the general appropriations bills as introduced;
(2)  the maximum biennial amount of one percent of the state budget;  and
(3)  the biennial amount which would be appropriated by the general appropriations bills for assistance to or on behalf of needy dependent children and the caretakers of such children and which is subject to the limitation.
(b)  At the request of the lieutenant governor or speaker the legislative budget director shall update this information and shall provide a statement of other legislation affecting appropriations.
(c)  The Legislative Budget Board may adopt rules necessary to perform its duties under this subchapter.
Added by Acts 1983, 68th Leg., p. 1667, ch. 312, Sec. 1, eff. Aug. 29, 1983.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 32 - Medical Assistance Program › Subchapter A. General Provisions › Section 32.001. Purpose of Chapter

Sec. 32.001.  PURPOSE OF CHAPTER.  The purpose of this chapter is to enable the state to provide medical assistance on behalf of needy individuals and to enable the state to obtain all benefits for those persons authorized under the Social Security Act  or any other federal act.
Acts 1979, 66th Leg., p. 2348, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 32 - Medical Assistance Program › Subchapter A. General Provisions › Section 32.002. Construction of Chapter

Sec. 32.002.  CONSTRUCTION OF CHAPTER.  (a)  This chapter shall be liberally construed and applied in relation to applicable federal laws and regulations so that adequate and high quality health care may be made available to all children and adults who need the care and are not financially able to pay for it.
(b)  If a provision of this chapter conflicts with a provision of the Social Security Act  or any other federal act and renders the state program out of conformity with federal law to the extent that federal matching money is not available to the state, the conflicting provision of state law shall be inoperative to the extent of the conflict but shall not affect the remainder of this chapter.
Acts 1979, 66th Leg., p. 2348, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 32 - Medical Assistance Program › Subchapter A. General Provisions › Section 32.003. Definitions

Sec. 32.003.  DEFINITIONS.  In this chapter:
Text of subdivision effective until April 01, 2025
(1)  "Health and human services agencies" has the meaning assigned by Section 531.001, Government Code.
Text of subdivision effective on April 01, 2025
(1)  "Health and human services agencies" has the meaning assigned by Section 521.0001, Government Code.
(2)  "Local health department" means a local health department established under Subchapter D, Chapter 121, Health and Safety Code.
(3)  "Local health unit" means a local health unit described by Section 121.004, Health and Safety Code.
(3-a)  "Local public health entity" means:
(A)  a local health unit;
(B)  a local health department; and
(C)  a public health district.
(4)  "Medical assistance" and "Medicaid" include all of the health care and related services and benefits authorized or provided under federal law for needy individuals of this state.
(5)  "Public health district" means a public health district established under Subchapter E, Chapter 121, Health and Safety Code.
Acts 1979, 66th Leg., p. 2349, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.  Amended by Acts 1995, 74th Leg., ch. 6, Sec. 2, eff. March 23, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.073, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.465(a)(35), eff. April 2, 2015.
Acts 2021, 87th Leg., R.S., Ch. 535 (S.B. 73), Sec. 1, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.76, eff. April 1, 2025.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 32 - Medical Assistance Program › Subchapter B. Administrative Provisions › Section 32.0212. Delivery of Medical Assistance

Text of section effective until April 01, 2025
Sec. 32.0212.  DELIVERY OF MEDICAL ASSISTANCE.  Notwithstanding any other law and subject to Section 533.0025, Government Code, the commission shall provide medical assistance for acute care services through the Medicaid managed care system implemented under Chapter 533, Government Code, or another Medicaid capitated managed care program.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 2.95, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1310 (S.B. 7), Sec. 2.10, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.075, eff. April 2, 2015.
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.78, eff. April 1, 2025.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 32 - Medical Assistance Program › Subchapter B. Administrative Provisions › Section 32.0212. Delivery of Medical Assistance

Text of section effective on April 01, 2025
Sec. 32.0212.  DELIVERY OF MEDICAL ASSISTANCE.  Notwithstanding any other law and subject to Sections 540.0502, 540.0701, and 540.0753, Government Code, the commission shall provide medical assistance for acute care services through the Medicaid managed care system implemented under Chapters 540 and 540A, Government Code, or another Medicaid capitated managed care program.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 2.95, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1310 (S.B. 7), Sec. 2.10, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.075, eff. April 2, 2015.
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.78, eff. April 1, 2025.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 32 - Medical Assistance Program › Subchapter B. Administrative Provisions › Section 32.0214. Designations of Primary Care Provider by Certain Recipients

Sec. 32.0214.  DESIGNATIONS OF PRIMARY CARE PROVIDER BY CERTAIN RECIPIENTS.  (a)  If the commission determines that it is cost-effective and feasible and subject to Subsection (b), the commission shall require each recipient of medical assistance to designate a primary care provider with whom the recipient will have a continuous, ongoing professional relationship and who will provide and coordinate the recipient's initial and primary care, maintain the continuity of care provided to the recipient, and initiate any referrals to other health care providers.
Text of subsection effective until April 01, 2025
(b)  A recipient who receives medical assistance through a Medicaid managed care model or arrangement under Chapter 533, Government Code, that requires the designation of a primary care provider shall designate the recipient's primary care provider as required by that model or arrangement.
Text of subsection effective on April 01, 2025
(b)  A recipient who receives medical assistance through a Medicaid managed care model or arrangement under Chapter 540 or 540A, Government Code, as applicable, that requires the designation of a primary care provider shall designate the recipient's primary care provider as required by that model or arrangement.
Added by Acts 2007, 80th Leg., R.S., Ch. 268 (S.B. 10), Sec. 15, eff. September 1, 2007.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.077, eff. April 2, 2015.
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.79, eff. April 1, 2025.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 32 - Medical Assistance Program › Subchapter B. Administrative Provisions › Section 32.0215. Home or Community Care Providers: Civil Monetary Penalties

Sec. 32.0215.  HOME OR COMMUNITY CARE PROVIDERS:  CIVIL MONETARY PENALTIES.  (a)  The commission may include in a contract for the delivery of medical assistance by a home or community care provider a provision for monetary penalties to be assessed for a contract violation or any violation of home or community care requirements, as required by 42 U.S.C. Section 1396t(j).
(b)  The executive commissioner shall adopt rules governing the application of civil money penalties, including rules prescribing:
(1)  criteria that describe when and how a civil money penalty may be assessed and the amount of the penalty;
(2)  a system to ensure standard and consistent application of the penalties throughout the state; and
(3)  an administrative appeals process to adjudicate claims in contested cases in accordance with Chapter 2001, Government Code.
(c)  Rules adopted under this section must be designed to minimize the time between the identification of a violation and the final imposition of a penalty.  Rules adopted under this section may authorize the imposition of a penalty that assesses and collects a monetary penalty, with interest, for a minimum penalty period and on a subsequent per diem basis.
(d)  A penalty must be appropriate to the violation.  The commission may assess incrementally more severe penalties for repeated or uncorrected violations.
(e)  The commission shall review a penalized provider within 10 working days after the provider notifies the Department of Aging and Disability Services that the deficiency that caused the imposition of the penalty has been corrected.  If the commission is unable to review the provider within that 10-working-day period, the penalty ceases on the earlier of the last day of the minimum penalty period or the date the provider gives notice to the Department of Aging and Disability Services.
(f)  Money collected as a result of the imposition of penalties may be used for the protection of the health or property of an individual whose personal property was lost due to a failure of a home or community care provider to meet the requirements for participation as a provider of home or community care.
Added by Acts 1993, 73rd Leg., ch. 132, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.078, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 32 - Medical Assistance Program › Subchapter B. Administrative Provisions › Section 32.022. Medical and Hospital Care Advisory Committees

Sec. 32.022.  MEDICAL AND HOSPITAL CARE ADVISORY COMMITTEES.  (a)  The executive commissioner shall appoint a medical care advisory committee to advise the executive commissioner and the commission in developing and maintaining the medical assistance program and in making immediate and long-range plans for reaching the program's goal of providing access to high quality, comprehensive medical and health care services to medically indigent persons in the state.  To ensure that qualified applicants receive services, the committee shall consider changes in the process the commission uses to determine eligibility.
(b)  The executive commissioner shall appoint the committee in compliance with the requirements of the federal agency administering medical assistance.  The appointments shall:
(1)  provide for a balanced representation of the general public, providers, consumers, and other persons, state agencies, or groups with knowledge of and interest in the committee's field of work; and
(2)  include one member who is the representative of a managed care organization.
(c)  The executive commissioner shall adopt rules for membership on the committee to provide for efficiency of operation, rotation, stability, and continuity.
(d)  The executive commissioner may appoint regional and local medical care advisory committees and other advisory committees as considered necessary.
Acts 1979, 66th Leg., p. 2349, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.  Amended by Acts 1987, 70th Leg., ch. 1052, Sec. 2.01, eff. Sept. 1, 1987;  Acts 1989, 71st Leg., ch. 1027, Sec. 10, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.079, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 837 (S.B. 200), Sec. 3.36(a), eff. January 1, 2016.
Acts 2015, 84th Leg., R.S., Ch. 837 (S.B. 200), Sec. 3.40(c), eff. January 1, 2016.
Acts 2015, 84th Leg., R.S., Ch. 946 (S.B. 277), Sec. 2.33(a), eff. January 1, 2016.
Acts 2015, 84th Leg., R.S., Ch. 946 (S.B. 277), Sec. 2.37(d), eff. January 1, 2016.