By Chavez, Naishtat, Coleman, et al. H.B. No. 1218 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to nutritional assistance for certain legal immigrants. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Chapter 33, Human Resources Code, is amended by 1-5 adding Section 33.0024 to read as follows: 1-6 Sec. 33.0024. FOOD ASSISTANCE PROGRAM FOR CERTAIN LEGAL 1-7 IMMIGRANTS. (a) The department by rule shall develop and 1-8 implement a food assistance program to provide nutritional 1-9 assistance to a lawfully present immigrant who: 1-10 (1) is a qualified alien, as that term is defined by 8 1-11 U.S.C. Section 1641, as amended; 1-12 (2) meets all eligibility requirements of the food 1-13 stamp program under this chapter but is not eligible for assistance 1-14 under that program solely because of 8 U.S.C. Section 1612, as 1-15 amended; 1-16 (3) is not receiving assistance under a similar food 1-17 program administered by the department that provides assistance to 1-18 certain immigrants who are ineligible for food stamp benefits under 1-19 this chapter; and 1-20 (4) meets one of the following criteria: 1-21 (A) is younger than 18 years of age and entered 1-22 the United States after August 22, 1996; 1-23 (B) is 65 years of age or older and either was a 1-24 lawful resident of the United States on August 22, 1996, or entered 2-1 the United States after August 22, 1996; or 2-2 (C) is disabled, as that term is defined by the 2-3 department, and entered the United States after August 22, 1996. 2-4 (b) Subject to Subsection (a), the food assistance program 2-5 shall be administered using the same rules with respect to 2-6 eligibility procedures and benefit levels that are used in 2-7 administering the food stamp program under this chapter. 2-8 (c) In defining a disabled person for purposes of Subsection 2-9 (a)(4)(C), the department shall consider the definition of disabled 2-10 member of a household under 7 U.S.C. Section 2012(r), as amended. 2-11 SECTION 2. The food assistance program required by Section 2-12 33.0024, Human Resources Code, as added by this Act, is not 2-13 intended to replace a similar food program providing assistance to 2-14 certain immigrants ineligible for the federal food stamp program 2-15 that was authorized by the Texas Board of Human Services, 2-16 implemented under rules of the Texas Department of Human Services, 2-17 and in effect immediately before the effective date of this Act. 2-18 SECTION 3. This Act takes effect September 1, 2001.