77R7154 CLG-D                           
         By Chavez, Naishtat, Coleman, et al.                  H.B. No. 1218
         Substitute the following for H.B. No. 1218:
         By Chavez                                         C.S.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 60 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.