Human Resources Code § 31.0324

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.