By Naishtat                                            H.B. No. 474
         77R2875 KKA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to eligibility recertification requirements for certain
 1-3     recipients of food stamps.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 33, Human Resources Code, is amended by
 1-6     adding Section 33.015 to read as follows:
 1-7           Sec. 33.015.  RECERTIFICATION OF ELIGIBILITY FOR CERTAIN
 1-8     RECIPIENTS. (a)  Except as provided by Subsection (c), the
 1-9     department may allow a recipient of food stamps to comply with
1-10     periodic eligibility recertification requirements by telephone
1-11     instead of through a personal appearance at department offices if:
1-12                 (1)  the recipient and each member of the recipient's
1-13     household have no earned income and are elderly or disabled; or
1-14                 (2)  the recipient is subject to a hardship, as
1-15     determined by the department.
1-16           (b)  For purposes of Subsection (a)(2), a hardship includes a
1-17     situation in which a recipient is:
1-18                 (1)  subject to a work or training schedule that
1-19     prevents the recipient from personally appearing at department
1-20     offices;
1-21                 (2)  subject to transportation difficulties;
1-22                 (3)  subject to other difficulties arising from the
1-23     recipient's residency in a rural area;
1-24                 (4)  subject to prolonged severe weather;
 2-1                 (5)  ill; or
 2-2                 (6)  needed to care for a member of the recipient's
 2-3     household.
 2-4           (c)  In accordance with federal law, the department shall
 2-5     require a recipient of food stamps described by Subsection (a) to
 2-6     personally appear at department offices once each year to comply
 2-7     with periodic eligibility recertification requirements.
 2-8           SECTION 2.  If before implementing any provision of this Act
 2-9     a state agency determines that a waiver or authorization from a
2-10     federal agency is necessary for implementation of that provision,
2-11     the agency affected by the provision shall request the waiver or
2-12     authorization and may delay implementing that provision until the
2-13     waiver or authorization is granted.
2-14           SECTION 3.  This Act takes effect September 1, 2001, and
2-15     applies to a person receiving food stamps on or after that date,
2-16     regardless of the date on which eligibility for food stamps was
2-17     determined.