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