77R8186 KKA-D
By Naishtat H.B. No. 475
Substitute the following for H.B. No. 475:
By Naishtat C.S.H.B. No. 475
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to eligibility requirements for certain persons under the
1-3 food stamp program.
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. INITIAL ESTABLISHMENT AND RECERTIFICATION OF
1-8 ELIGIBILITY FOR CERTAIN PERSONS. (a) In administering the food
1-9 stamp program, the department shall, except as provided by
1-10 Subsection (c), allow a person to comply with initial eligibility
1-11 requirements, including any initial interview, and with subsequent
1-12 periodic eligibility recertification requirements by telephone
1-13 instead of through a personal appearance at department offices if:
1-14 (1) the person and each member of the person's
1-15 household have no earned income and are elderly or disabled; or
1-16 (2) the person is subject to a hardship, as determined
1-17 by the department.
1-18 (b) For purposes of Subsection (a)(2), a hardship includes a
1-19 situation in which a person is:
1-20 (1) subject to a work or training schedule that
1-21 prevents the person from personally appearing at department
1-22 offices;
1-23 (2) subject to transportation difficulties;
1-24 (3) subject to other difficulties arising from the
2-1 person's residency in a rural area;
2-2 (4) subject to prolonged severe weather;
2-3 (5) ill; or
2-4 (6) needed to care for a member of the person's
2-5 household.
2-6 (c) The department may require a person described by
2-7 Subsection (a) to personally appear at department offices to
2-8 establish initial eligibility or to comply with periodic
2-9 eligibility recertification requirements if the department
2-10 considers a personal appearance necessary to:
2-11 (1) protect the integrity of the food stamp program;
2-12 or
2-13 (2) prevent an adverse determination regarding the
2-14 person's eligibility that would be less likely to occur if the
2-15 person made a personal appearance.
2-16 (d) A person described by Subsection (a) may elect to
2-17 personally appear at department offices to establish initial
2-18 eligibility or to comply with periodic eligibility recertification
2-19 requirements.
2-20 SECTION 2. As soon as possible after the effective date of
2-21 this Act, the Texas Department of Human Services shall adopt rules
2-22 necessary for this state to exercise the federal option described
2-23 by 7 CFR Part 273.2(j) under which households that are eligible for
2-24 non-cash or in-kind benefits under the Temporary Assistance for
2-25 Needy Families program administered under Chapter 31, Human
2-26 Resources Code, are considered categorically eligible for food
2-27 stamps. In adopting rules, the department shall designate the
3-1 specific non-cash or in-kind benefit or benefits that will result
3-2 in categorical eligibility for food stamps.
3-3 SECTION 3. If before implementing any provision of this Act
3-4 a state agency determines that a waiver or authorization from a
3-5 federal agency is necessary for implementation of that provision,
3-6 the agency affected by the provision shall request the waiver or
3-7 authorization and may delay implementing that provision until the
3-8 waiver or authorization is granted.
3-9 SECTION 4. This Act takes effect September 1, 2001, and
3-10 applies to a person receiving food stamps on or after that date,
3-11 regardless of the date on which eligibility for food stamps was
3-12 determined.