77R10673 KKA-D                           
         By Naishtat                                           H.B. No. 2251
         Substitute the following for H.B. No. 2251:
         By Chavez                                         C.S.H.B. No. 2251
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to resource requirements under the temporary assistance
 1-3     for needy families program and the food stamp program.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Sections 31.032(d) and (e), Human Resources Code,
 1-6     are amended to read as follows:
 1-7           (d)  In determining whether an applicant is eligible for
 1-8     assistance, the department shall exclude from the applicant's
 1-9     available resources:
1-10                 (1)  $2,000 for the applicant's household or $3,000 if
1-11     there is a person with a disability or a person who is at least 60
1-12     years of age in the applicant's household; [and]
1-13                 (2)  the fair market value of the applicant's ownership
1-14     interest in one [a] motor vehicle, but not more than $13,000 plus
1-15     or minus an amount to be determined annually to reflect changes in
1-16     the used car component of the Consumer Price Index for All Urban
1-17     Consumers published by the Bureau of Labor Statistics; and
1-18                 (3)  the fair market value of the applicant's ownership
1-19     interest in any other motor vehicle, the value of which is not
1-20     excluded under Subdivision (2), but not more than [the amount
1-21     determined according to the following schedule:]
1-22                       [(A)  $4,550 on or after September 1, 1995, but
1-23     before October 1, 1995;]
1-24                       [(B)  $4,600 on or after October 1, 1995, but
 2-1     before October 1, 1996;]
 2-2                       [(C)  $5,000 on or after October 1, 1996, but
 2-3     before October 1, 1997; and]
 2-4                       [(D)]  $5,000 per motor vehicle plus or minus an
 2-5     amount to be determined annually in the manner prescribed by
 2-6     Subdivision (2) [beginning on October 1, 1997, to reflect changes
 2-7     in the new car component of the Consumer Price Index for All Urban
 2-8     Consumers published by the Bureau of Labor Statistics].
 2-9           (e)  If the federal statute or regulations governing the
2-10     maximum allowable resources under the food stamp program, 7 U.S.C.
2-11     Section 2014(g) or 7 CFR Part 273, are revised, the department
2-12     shall adjust the standards that determine available resources under
2-13     Subsection (d)(1) [(d)] to reflect those revisions.
2-14           SECTION 2. Chapter 33, Human Resources Code, is amended by
2-15     adding Section 33.014 to read as follows:
2-16           Sec. 33.014.  DETERMINATION OF RESOURCES: MOTOR VEHICLE
2-17     ALLOWANCES.  For purposes of determining whether a person meets
2-18     resource requirements for eligibility for food stamps, the
2-19     department shall apply the motor vehicle allowance standards used
2-20     by the department in the financial assistance program, as
2-21     authorized by 7 U.S.C. Section 2014(g)(2)(D), instead of the
2-22     federal food stamp motor vehicle allowance standards.
2-23           SECTION 3. If before implementing any provision of this Act a
2-24     state agency determines that a waiver or authorization from a
2-25     federal agency is necessary for implementation of that provision,
2-26     the agency affected by the provision shall request the waiver or
2-27     authorization and may delay implementing that provision until the
 3-1     waiver or authorization is granted.
 3-2           SECTION 4. This Act takes effect September 1, 2001, and
 3-3     applies to a person receiving financial assistance or food stamps
 3-4     on or after that date, regardless of the date on which eligibility
 3-5     for financial assistance or food stamps was determined.