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.