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                                  * * * * *