yearly report on foster youth using benefits and college aid

The text as introduced · 773 words

90R2466 MM-D

By: West
S.B. No. 225

A BILL TO BE ENTITLED

AN ACT

relating to an annual report on foster and former foster youth's

receipt of certain public benefits and services.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter A, Chapter 264, Family Code, is

amended by adding Section 264.021 to read as follows:

Sec. 264.021. ANNUAL REPORT ON FOSTER AND FORMER FOSTER

YOUTH'S RECEIPT OF CERTAIN PUBLIC BENEFITS AND SERVICES. (a) In

this section:

(1) "Institution of higher education" has the meaning

assigned by Section 61.003, Education Code.

(2) "Public assistance program" includes:

(A) the financial assistance program under

Chapter 31, Human Resources Code;

(B) the Medicaid program under Chapter 32, Human

Resources Code;

(C) the child health plan program under Chapters

62 and 63, Health and Safety Code;

(D) the nutritional assistance programs under

Chapter 33, Human Resources Code, including the supplemental

nutrition assistance program under that chapter; and

(E) the federal special supplemental nutrition

program for women, infants, and children authorized by 42 U.S.C.

Section 1786.

(b) This section applies only to a state agency, including

the department, the Health and Human Services Commission, the

Department of State Health Services, and the Texas Workforce

Commission, that provides benefits or services or administers or

operates a program that provides benefits or services to

individuals or families based on a demonstrated financial or other

need, including a public assistance program, a housing program or

service or housing assistance, unemployment benefits, and any other

financial aid or loan program provided by this state.

(c) The department shall collaborate with the state

agencies subject to this section and institutions of higher

education in this state to gather data and produce an annual report

regarding the extent to which individuals who are or were formerly

in the conservatorship of the department for a period of at least

six months receive certain public benefits and services. The report

must, for the preceding state fiscal year:

(1) detail the number and percentage of those

individuals who:

(A) received benefits under a public assistance

program, disaggregated by program;

(B) enrolled in an institution of higher

education, disaggregated by institution type as follows:

(i) a general academic teaching

institution, as defined by Section 61.003, Education Code;

(ii) a public junior college, public

technical institute, or public state college, as those terms are

defined by Section 61.003, Education Code, in a degree-seeking

capacity; or

(iii) a public junior college, public

technical institute, or public state college, as those terms are

defined by Section 61.003, Education Code, in a certificate-seeking

capacity; and

(C) received financial aid for costs associated

with higher education, including a tuition and fee waiver under

Section 54.366 or 54.367, Education Code; and

(2) disaggregate the data gathered for purposes of

this report by race, age, gender, and county of residence.

(d) Notwithstanding any other state law and to the extent

permitted by federal law, including the Family Educational Rights

and Privacy Act of 1974 (20 U.S.C. Section 1232g), a state agency

subject to this section and an institution of higher education are

authorized to gather and share data with the department for the

purposes of producing the report required by this section.

(e) A state agency subject to this section shall include a

question in each application prescribed by the agency for a program

described by Subsection (b) regarding whether the applicant is or

has ever been in the conservatorship of the department for a period

of six months or longer. An applicant is not and may not be required

to answer the question required by this subsection and an

applicant's failure to answer the question may not delay the

application process or otherwise affect an applicant's eligibility

for benefits or services.

(f) Not later than October 15 of each year, the department

shall:

(1) deliver the report to the speaker of the house of

representatives, lieutenant governor, governor, and members of the

legislature;

(2) provide a copy of the report to each health and

human services agency and institution of higher education; and

(3) publish the report on the department's Internet

website.

SECTION 2. The initial report required under Section

264.021, Family Code, is due not later than October 15, 2028.

SECTION 3. If before implementing any provision of this Act

a state agency or institution determines that a waiver or

authorization from a federal agency is necessary for implementation

of that provision, the agency or institution 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, 2027.