HBA-TBM C.S.H.B. 1218 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1218
By: Chavez
Human Services
3/23/2001
Committee Report (Substituted)



BACKGROUND 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.  C.S.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

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 33.0024, Human Resources Code) of this bill.   

ANALYSIS

C.S.H.B. 1218 amends the Human Resources Code to require the Texas
Department of Human Services (DHS) by rule to develop and implement a food
assistance program to provide nutritional assistance to a lawfully present
immigrant who:  

 _is a qualified alien; 

 _meets all eligibility requirements of the food stamp program but is not
eligible for assistance solely because of federal provisions that limit the
eligibility of qualified aliens for certain federal programs;  

 _is not receiving assistance under a similar food program administered by
DHS that provides assistance to certain immigrants who are ineligible for
food stamp benefits; and  

 _is younger than 18 years of age and entered the United States after
August 22, 1996, is 60 years of age or older and either was a lawful
resident of the United States on August 22, 1996 or entered the United
States after August 22, 1996, or is disabled and entered the United States
after August 22, 1996.   

The bill requires the food assistance program to be administered using the
same rules with respect to eligibility procedures and benefit levels that
are used in administering the food stamp program.  

The bill provides that the food assistance program required by this bill is
not intended to replace a similar food program known as the State Immigrant
Food Assistance Program that provides assistance to certain immigrants
ineligible for the federal food stamp program that was authorized by the
Texas Board of Human Services and implemented under DHS rule.   



 EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1218 differs from the original by not providing for the
establishment of a food assistance program for lawful immigrants that
replaces State Immigrant Food Assistance Program (SIFAP).  The substitute
sets forth provisions for the establishment of a food assistance program
that assists immigrants who are not receiving assistance through the
federal food stamp program, SIFAP, or any other food assistance program
administered by the Texas Department of Human Services.  The substitute
sets forth eligibility criteria for the food assistance program.