By Chavez                                             H.B. No. 1218
         77R4060 CLG-D                           
                                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.  STATE IMMIGRANT FOOD ASSISTANCE PROGRAM.  The
 1-7     department by rule shall develop and implement a food assistance
 1-8     program to provide nutritional assistance to a lawfully present
 1-9     immigrant who:
1-10                 (1)  is a qualified alien, as that term is defined by 8
1-11     U.S.C. Section 1641(b), as amended;
1-12                 (2)  is a resident of this state;
1-13                 (3)  is not eligible for assistance under the food
1-14     stamp program under this chapter because of 8 U.S.C. Section 1612,
1-15     as amended;
1-16                 (4)  was receiving food stamp benefits under this
1-17     chapter for any part of the period beginning September 1, 1996, and
1-18     ending August 31, 1997;
1-19                 (5)  is not institutionalized;
1-20                 (6)  has income that is less than 200 percent of the
1-21     federal poverty level; and
1-22                 (7)  meets one of the following criteria:
1-23                       (A)  is 65 years of age or older; or
1-24                       (B)  was a recipient of federal benefits under
 2-1     the Supplemental Security Income (SSI) program (42 U.S.C. Section
 2-2     1381 et seq.), as amended, for any part of the last month the
 2-3     person received food stamp benefits under this chapter.
 2-4           SECTION 2.  The food assistance program required by Section
 2-5     33.0024, Human Resources Code, as added by this Act, is intended to
 2-6     replace a similar food program providing assistance to certain
 2-7     immigrants ineligible for the federal food stamp program that was
 2-8     authorized by the Texas Board of Human Services, implemented under
 2-9     rules of the Texas Department of Human Services, and in effect
2-10     immediately before the effective date of this Act.
2-11           SECTION 3.  This Act takes effect September 1, 2001.