By Naishtat                                            H.B. No. 475
         77R2726 KKA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to services and programs provided under and eligibility
 1-3     for temporary assistance for needy families and for food stamps.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 11.001(5), Human Resources Code, is
 1-6     amended to read as follows:
 1-7                 (5)  "Financial assistance" means money payments or
 1-8     related services or programs for needy persons authorized by
 1-9     Chapter 31.
1-10           SECTION 2. Subchapter A, Chapter 31, Human Resources Code, is
1-11     amended by adding Section 31.0061 to read as follows:
1-12           Sec. 31.0061.  SERVICES AND PROGRAMS RELATED TO FINANCIAL
1-13     ASSISTANCE PROGRAM. (a)  The department shall develop and implement
1-14     services or programs that:
1-15                 (1)  are related to the financial assistance program;
1-16     and
1-17                 (2)  will be provided to eligible recipients under the
1-18     financial assistance program.
1-19           (b)  The department by rule shall:
1-20                 (1)  prescribe eligibility criteria for the related
1-21     services or programs; and
1-22                 (2)  define the related services or programs to be
1-23     provided.
1-24           SECTION 3. Sections 31.032(d) and (e), Human Resources Code,
 2-1     are amended to read as follows:
 2-2           (d)  In determining whether an applicant is eligible for
 2-3     assistance, the department shall exclude from the applicant's
 2-4     available resources:
 2-5                 (1)  $2,000 for the applicant's household or $3,000 if
 2-6     there is a person with a disability or a person who is at least 60
 2-7     years of age in the applicant's household; [and]
 2-8                 (2)  the entire fair market value of the applicant's
 2-9     ownership interest in one [a] motor vehicle; and
2-10                 (3)  the fair market value of the applicant's ownership
2-11     interest in any other motor vehicle, the value of which is not
2-12     excluded under Subdivision (2), but not more than [the amount
2-13     determined according to the following schedule:]
2-14                       [(A)  $4,550 on or after September 1, 1995, but
2-15     before October 1, 1995;]
2-16                       [(B)  $4,600 on or after October 1, 1995, but
2-17     before October 1, 1996;]
2-18                       [(C)  $5,000 on or after October 1, 1996, but
2-19     before October 1, 1997; and]
2-20                       [(D)]  $5,000 per motor vehicle plus or minus an
2-21     amount to be determined annually [beginning on October 1, 1997,] to
2-22     reflect changes in the new car component of the Consumer Price
2-23     Index for All Urban Consumers published by the Bureau of Labor
2-24     Statistics.
2-25           (e)  If the federal statute or regulations governing the
2-26     maximum allowable resources under the food stamp program, 7 U.S.C.
2-27     Section 2014(g) or 7 CFR Part 273, are revised, the department
 3-1     shall adjust the standards that determine available resources under
 3-2     Subsection (d)(1) [(d)] to reflect those revisions.
 3-3           SECTION 4. Chapter 33, Human Resources Code, is amended by
 3-4     adding Section 33.014 to read as follows:
 3-5           Sec. 33.014.  DETERMINATION OF RESOURCES: MOTOR VEHICLE
 3-6     ALLOWANCES.  For purposes of determining whether a person meets
 3-7     resource requirements for eligibility for food stamps, the
 3-8     department shall apply the motor vehicle allowance standards used
 3-9     by the department in the financial assistance program, as
3-10     authorized by 7 U.S.C. Section 2014(g)(2)(D), instead of the
3-11     federal food stamp motor vehicle allowance standards.
3-12           SECTION 5. If before implementing any provision of this Act a
3-13     state agency determines that a waiver or authorization from a
3-14     federal agency is necessary for implementation of that provision,
3-15     the agency affected by the provision shall request the waiver or
3-16     authorization and may delay implementing that provision until the
3-17     waiver or authorization is granted.
3-18           SECTION 6. This Act takes effect September 1, 2001, and
3-19     applies to a person receiving financial assistance or food stamps
3-20     on or after that date, regardless of the date on which eligibility
3-21     for financial assistance or food stamps was determined.