HBA-JEK, MPM H.B. 2103 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2103 By: Dutton Human Services 3/18/2001 Introduced BACKGROUND AND PURPOSE Current law does not allow a grandparent caring for a grandchild to receive the grandchild's Temporary Assistance for Needy Families (TANF) benefits when the parent of the child who ordinarily receives such benefits cannot be found. The unavailability of TANF benefits can pose a severe financial hardship for grandparents and the children. House Bill 2103 requires the Texas Department of Human Services to implement a process of presumptive eligibility determination for an applicant for financial assistance who appears to meet eligibility criteria to receive assistance and who is caring for a related child on an emergency basis because the child's parent cannot be located. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Department of Human Services in SECTION 1 (Section 31.0324, Human Resources Code) of this bill. ANALYSIS House Bill 2103 amends the Human Resources Code to require the Texas Department of Human Services (DHS) by rule to develop and implement a process of presumptive eligibility determination for an applicant for financial assistance benefits who appears to meet eligibility criteria to receive financial assistance and who has assumed the care of a related child on an emergency basis because the applicant cannot locate the parent receiving financial assistance for that child. The bill authorizes the process adopted by DHS to allow DHS to waive or modify requirements, including time limits, child support enforcement, paternity establishment, work activity, and residency, if application of the requirements would adversely affect the applicant's ability to attain financial independence or prevent the applicant from providing a home and support for the child. The bill specifies that the process provide that a requirement may be waived or modified only after a case-by-case determination of good cause and only to the extent necessary. EFFECTIVE DATE September 1, 2001.