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  82R1869 EES-D
 
  By: Lewis H.B. No. 474
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to eligibility requirements for certain public benefits
  programs.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 531, Government Code, is
  amended by adding Section 531.02416 to read as follows:
         Sec. 531.02416.  ELIGIBILITY FOR CERTAIN PROGRAMS: FORM I-9
  REQUIREMENT. (a) In this section, "Form I-9" means the employment
  eligibility verification form designated or established by the
  United States attorney general in accordance with 8 U.S.C. Section
  1324a(b).
         (b)  An applicant for benefits must complete a Form I-9 and
  provide documentation that establishes the applicant's identity
  and eligibility to work in the United States as required by that
  form to be eligible to receive benefits under any of the following
  benefits programs:
               (1)  the child health plan program under Chapter 62,
  Health and Safety Code;
               (2)  the financial assistance program under Chapter 31,
  Human Resources Code;
               (3)  the medical assistance program under Chapter 32,
  Human Resources Code; and
               (4)  the nutritional assistance program under Chapter
  33, Human Resources Code.
         (c)  For purposes of completing a Form I-9 under this
  section:
               (1)  an applicant for benefits is considered an
  "employee";
               (2)  the commission or other state agency that
  administers the benefits program is considered an "employer"; and
               (3)  receipt of benefits under a benefits program is
  considered "employment."
         (d)  The executive commissioner shall adopt rules necessary
  to implement this section, including rules that further define
  terms used in Form I-9 and that provide instructions on how to
  complete the form for purposes of this section.
         SECTION 2.  Section 531.02416, Government Code, as added by
  this Act, applies to an initial determination of eligibility or
  redetermination of eligibility for benefits under a program subject
  to that section made on or after the effective date of this Act.
         SECTION 3.  If before implementing any provision of this Act
  a state agency determines that a waiver or authorization from a
  federal agency is necessary for implementation of that provision,
  the agency affected by the provision shall request the waiver or
  authorization and may delay implementing that provision until the
  waiver or authorization is granted.
         SECTION 4.  This Act takes effect September 1, 2011.