By:  Zaffirini                                         S.B. No. 184
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to eligibility requirements for certain persons under the
 1-3     food stamp program.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 33, Human Resources Code, is amended by
 1-6     adding Section 33.015 to read as follows:
 1-7           Sec. 33.015.  INITIAL ESTABLISHMENT AND RECERTIFICATION OF
 1-8     ELIGIBILITY FOR CERTAIN PERSONS.  (a)  In administering the food
 1-9     stamp program, the department shall, except as provided by
1-10     Subsection (c), allow a person to comply with initial eligibility
1-11     requirements, including any initial interview, and with subsequent
1-12     periodic eligibility recertification requirements by telephone
1-13     instead of through a personal appearance at department offices if:
1-14                 (1)  the person and each member of the person's
1-15     household have no earned income and are elderly or disabled; or
1-16                 (2)  the person is subject to a hardship, as determined
1-17     by the department.
1-18           (b)  For purposes of Subsection (a)(2), a hardship includes a
1-19     situation in which a person is:
1-20                 (1)  subject to a work or training schedule that
1-21     prevents the person from personally appearing at department
1-22     offices;
1-23                 (2)  subject to transportation difficulties;
1-24                 (3)  subject to other difficulties arising from the
1-25     person's residency in a rural area;
 2-1                 (4)  subject to prolonged severe weather;
 2-2                 (5)  ill; or
 2-3                 (6)  needed to care for a member of the person's
 2-4     household.
 2-5           (c)  The department may require a person described by
 2-6     Subsection (a) to personally appear at department offices to
 2-7     establish initial eligibility or to comply with periodic
 2-8     eligibility recertification requirements if the department
 2-9     considers a personal appearance necessary to:
2-10                 (1)  protect the integrity of the food stamp program;
2-11     or
2-12                 (2)  prevent an adverse determination regarding the
2-13     person's eligibility that would be less likely to occur if the
2-14     person made a personal appearance.
2-15           (d)  A person described by Subsection (a) may elect to
2-16     personally appear at department offices to establish initial
2-17     eligibility or to comply with periodic eligibility recertification
2-18     requirements.
2-19           SECTION 2.  As soon as possible after the effective date of
2-20     this Act, the Texas Department of Human Services shall adopt rules
2-21     necessary for this state to exercise the federal option described
2-22     by 7 CFR Part 273.2(j) under which households that are eligible for
2-23     non-cash or in-kind benefits under the Temporary Assistance for
2-24     Needy Families program administered under Chapter 31, Human
2-25     Resources Code, are considered categorically eligible for food
2-26     stamps.  In adopting rules, the department shall designate the
 3-1     specific non-cash or in-kind benefit or benefits that will result
 3-2     in categorical eligibility for food stamps.
 3-3           SECTION 3.  If before implementing any provision of this Act
 3-4     a state agency determines that a waiver or authorization from a
 3-5     federal agency is necessary for implementation of that provision,
 3-6     the agency affected by the provision shall request the waiver or
 3-7     authorization and may delay implementing that provision until the
 3-8     waiver or authorization is granted.
 3-9           SECTION 4.  This Act takes effect September 1, 2001, and
3-10     applies to a person receiving food stamps on or after that date,
3-11     regardless of the date on which eligibility for food stamps was
3-12     determined.