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 prevented from personally appearing
1-20 at department offices because the person is:
1-21 (1) subject to a work or training schedule;
1-22 (2) subject to transportation difficulties;
1-23 (3) subject to other difficulties arising from the
1-24 person's residency in a rural area;
1-25 (4) subject to prolonged severe weather;
2-1 (5) ill; or
2-2 (6) needed to care for a member of the person's
2-3 household.
2-4 (c) The department may require a person described by
2-5 Subsection (a) to personally appear at department offices to
2-6 establish initial eligibility or to comply with periodic
2-7 eligibility recertification requirements if the department
2-8 considers a personal appearance necessary to:
2-9 (1) protect the integrity of the food stamp program;
2-10 or
2-11 (2) prevent an adverse determination regarding the
2-12 person's eligibility that would be less likely to occur if the
2-13 person made a personal appearance.
2-14 (d) A person described by Subsection (a) may elect to
2-15 personally appear at department offices to establish initial
2-16 eligibility or to comply with periodic eligibility recertification
2-17 requirements.
2-18 (e) The department shall require a person exempted under
2-19 this section from making a personal appearance at department
2-20 offices to provide verification of the person's entitlement to the
2-21 exemption on initial eligibility certification and on each
2-22 subsequent periodic eligibility recertification. If the person
2-23 does not provide verification and the department considers the
2-24 verification necessary to protect the integrity of the food stamp
2-25 program, the department shall initiate a fraud referral to the
2-26 department's office of inspector general.
3-1 SECTION 2. As soon as possible after the effective date of
3-2 this Act, the Texas Department of Human Services shall adopt rules
3-3 necessary for this state to exercise the federal option described
3-4 by 7 CFR Part 273.2(j) under which households that are eligible for
3-5 non-cash or in-kind benefits under the Temporary Assistance for
3-6 Needy Families program administered under Chapter 31, Human
3-7 Resources Code, are considered categorically eligible for food
3-8 stamps. In adopting rules, the department shall designate the
3-9 specific non-cash or in-kind benefit or benefits that will result
3-10 in categorical eligibility for food stamps and establish resource
3-11 limits governing categorical eligibility for food stamps.
3-12 SECTION 3. If before implementing any provision of this Act
3-13 a state agency determines that a waiver or authorization from a
3-14 federal agency is necessary for implementation of that provision,
3-15 the agency affected by the provision shall request the waiver or
3-16 authorization and may delay implementing that provision until the
3-17 waiver or authorization is granted. If a state agency requests a
3-18 waiver or authorization in connection with implementation of
3-19 Subsection (e), Section 33.015, Human Resources Code, as added by
3-20 this Act, and a federal agency denies that request, the denial does
3-21 not prohibit the state agency from implementing the other
3-22 provisions of Section 33.015, Human Resources Code, as added by
3-23 this Act.
3-24 SECTION 4. This Act takes effect September 1, 2001, and
3-25 applies to a person receiving food stamps on or after that date,
3-26 regardless of the date on which eligibility for food stamps was
4-1 determined.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 184 passed the Senate on
April 2, 2001, by a viva-voce vote; and that the Senate concurred
in House amendments on April 27, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 184 passed the House, with
amendments, on April 24, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor