SRC-MKV H.B. 1218 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 1218
By: Chavez (Shapleigh)
Health & Human Services
5/11/2001
Engrossed


DIGEST AND PURPOSE 

Federal welfare reform legislation in 1996 denied food stamp benefits to
many legal immigrants. Even after a partial restoration of federal food
stamp benefits to selected immigrants in 1998, many legal immigrants in
Texas are without food stamp benefits. H.B. 1218 requires the Texas
Department of Human Services to develop and implement a food assistance
program to provide nutritional assistance to lawfully present immigrants.  

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Health and Human Services
Commission or an agency operating part of the medical assistance program in
SECTION 1 (Section 33.0024, Human Resources Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 33, Human Resources Code, by adding Section
33.0024,  as follows: 

Sec. 33.0024.  FOOD ASSISTANCE PROGRAM FOR CERTAIN LEGAL IMMIGRANTS.  (a)
Requires the Health and Human Services Commission or an agency operating
part of the medical assistance program (department) by rule to develop and
implement a food assistance program to provide nutritional assistance to a
lawfully present immigrant who meets certain requirements. 
 
 (b)  Requires that, subject to Subsection (a), the food assistance program
be administered using the same rules with respect to eligibility procedures
and benefit levels that are used in administering the food stamp program
under this chapter.  

 (c)  Requires the department, in defining a disabled person for purposes
of Subsection (a)(4)(C), to consider the definition of disabled member of a
household under 7 U.S.C. Section 2012(r), as amended. 
 
SECTION 2.  Provides that the food assistance program required by Section
33.0024, Human Resources Code, as added by this Act, is not intended to
replace a similar food program providing assistance to certain immigrants
ineligible for the federal food stamp program that was authorized by the
Texas Board of Human Services, implemented under rules of the Texas
Department of Human Services, and in effect immediately before the
effective date of this Act. 
 
SECTION 3.  Effective date: September 1, 2001.