SRC-CTC H.B. 1959 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 1959
By: Naishtat (Shapleigh)
Health & Human Services
5/11/2001
Engrossed


DIGEST AND PURPOSE 

Current federal law makes certain legal immigrants ineligible for food
stamps but allows states flexibility in determining how to count their
income when determining the benefit levels of members of the same household
who are eligible for food stamps.  In 1998, there were more than 65,000
households in Texas that included both members eligible for food stamps and
ineligible legal immigrants.  Because of the way the Department of Human
Services (DHS) counts the income of ineligible legal immigrants when
determining the household's resources thousands of eligible members of
these households have had their food stamp benefits reduced or taken away,
including 145,000 children in Texas.  H.B. 1959 requires DHS to exclude the
income of legal immigrants who are ineligible for food stamps, to the
extent allowed by federal law, when determining food stamp benefits for
members of the same household who are eligible for food stamps.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 33, Human Resources Code, by adding Section
33.0126, as follows: 

Sec. 33.0126.  EXCLUSION OF PORTION OF INCOME OF CERTAIN HOUSEHOLD MEMBERS.
Requires the Department of Human Services, to the maximum extent allowed by
federal law under 7 C.F.R. Section 273.11, as amended, to exclude the
income of a person who is ineligible because of 8 U.S.C. Section 1612, as
amended, to participate in the food stamp program in determining the
eligibility for food stamps of another person who is a member of the
household in which the ineligible person is a member and the food stamp
allotment for the eligible person. 

SECTION 2.  Effective date: September 1, 2001.
  Makes application of this Act prospective.