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