1-1 By: Chavez, et al. (Senate Sponsor - Shapleigh) H.B. No. 1218 1-2 (In the Senate - Received from the House May 11, 2001; 1-3 May 11, 2001, read first time and referred to Committee on Health 1-4 and Human Services; May 11, 2001, reported favorably by the 1-5 following vote: Yeas 6, Nays 1; May 11, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to nutritional assistance for certain legal immigrants. 1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-10 SECTION 1. Chapter 33, Human Resources Code, is amended by 1-11 adding Section 33.0024 to read as follows: 1-12 Sec. 33.0024. FOOD ASSISTANCE PROGRAM FOR CERTAIN LEGAL 1-13 IMMIGRANTS. (a) The department by rule shall develop and 1-14 implement a food assistance program to provide nutritional 1-15 assistance to a lawfully present immigrant who: 1-16 (1) is a qualified alien, as that term is defined by 8 1-17 U.S.C. Section 1641, as amended; 1-18 (2) meets all eligibility requirements of the food 1-19 stamp program under this chapter but is not eligible for assistance 1-20 under that program solely because of 8 U.S.C. Section 1612, as 1-21 amended; 1-22 (3) is not receiving assistance under a similar food 1-23 program administered by the department that provides assistance to 1-24 certain immigrants who are ineligible for food stamp benefits under 1-25 this chapter; and 1-26 (4) meets one of the following criteria: 1-27 (A) is younger than 18 years of age and entered 1-28 the United States after August 22, 1996; 1-29 (B) is 65 years of age or older and either was a 1-30 lawful resident of the United States on August 22, 1996, or entered 1-31 the United States after August 22, 1996; or 1-32 (C) is disabled, as that term is defined by the 1-33 department, and entered the United States after August 22, 1996. 1-34 (b) Subject to Subsection (a), the food assistance program 1-35 shall be administered using the same rules with respect to 1-36 eligibility procedures and benefit levels that are used in 1-37 administering the food stamp program under this chapter. 1-38 (c) In defining a disabled person for purposes of Subsection 1-39 (a)(4)(C), the department shall consider the definition of disabled 1-40 member of a household under 7 U.S.C. Section 2012(r), as amended. 1-41 SECTION 2. The food assistance program required by Section 1-42 33.0024, Human Resources Code, as added by this Act, is not 1-43 intended to replace a similar food program providing assistance to 1-44 certain immigrants ineligible for the federal food stamp program 1-45 that was authorized by the Texas Board of Human Services, 1-46 implemented under rules of the Texas Department of Human Services, 1-47 and in effect immediately before the effective date of this Act. 1-48 SECTION 3. This Act takes effect September 1, 2001. 1-49 * * * * *