2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle B - Administrative Provisions and General Functions Relating to Human Services › Chapter 22 - General Functions Relating to Human Services › Section 22.002. Administration of Federal Welfare Programs

Sec. 22.002.  ADMINISTRATION OF FEDERAL WELFARE PROGRAMS.  (a)  The commission is the state agency designated to cooperate with the federal government in the administration of Titles IV, XIX, and XX of the federal Social Security Act.  The commission shall administer other titles added to the act after January 1, 1979, unless another state agency is designated by law to perform the additional functions.  The commission shall cooperate with federal, state, and local governmental agencies in the enforcement and administration of the federal act, and the executive commissioner shall promulgate rules to effect that cooperation.
(b)  The commission shall cooperate with the United States Department of Health and Human Services and other federal agencies in a reasonable manner and in conformity with the provisions of this title to the extent necessary to qualify for federal assistance for persons entitled to benefits under the federal Social Security Act.  The commission shall make reports periodically in compliance with federal regulations.
(c)  The commission may establish and maintain programs of assistance and services authorized by federal law and designed to help needy families and individuals attain and retain the capability of independence and self-care.  Notwithstanding any other provision of law, the commission may extend the scope of its programs to the extent necessary to ensure that federal matching funds are available, if the commission determines that the extension of scope is feasible and within the limits of appropriated funds.
(d)  If the commission determines that a provision of state welfare law conflicts with a provision of federal law, the executive commissioner may promulgate policies and rules necessary to allow the state to receive and expend federal matching funds to the fullest extent possible in accordance with the federal statutes and the provisions of this title and the state constitution and within the limits of appropriated funds.
(e)  The commission may accept, expend, and transfer federal and state funds appropriated for programs authorized by federal law.  The commission may accept, expend, and transfer funds received from a county, municipality, or public or private agency or from any other source, and the funds shall be deposited in the state treasury subject to withdrawal on order of the executive commissioner in accordance with the commission's rules.
(f)  The commission may enter into agreements with federal, state, or other public or private agencies or individuals to accomplish the purposes of the programs authorized in Subsection (c).  The agreements or contracts between the commission and other state agencies are not subject to Chapter 771, Government Code.
(g)  In administering social service programs authorized by the Social Security Act, the commission may prepay an agency or facility for expenses incurred under a contract with the commission to provide a social service.
(h)  The executive commissioner by rule may set and the commission may charge reasonable fees for services provided in administering social service programs authorized by the Social Security Act.  The executive commissioner shall set the amount of each fee according to the cost of the service provided and the ability of the recipient to pay.
(i)  The commission may not deny services administered under this section to any person because of that person's inability to pay for services.
Acts 1979, 66th Leg., p. 2340, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.  Amended by Acts 1981, 67th Leg., p. 2232, ch. 530, Sec. 1, eff. Aug. 31, 1981;  Acts 1983, 68th Leg., p. 3872, ch. 616, Sec. 1, eff. Sept. 1, 1983.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.012, eff. April 2, 2015.