1-1 By: Zaffirini S.B. No. 184 1-2 (In the Senate - Filed December 21, 2000; January 11, 2001, 1-3 read first time and referred to Committee on Health and Human 1-4 Services; March 27, 2001, reported adversely, with favorable 1-5 Committee Substitute by the following vote: Yeas 6, Nays 0; 1-6 March 27, 2001, sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 184 By: Carona 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to eligibility requirements for certain persons under the 1-11 food stamp program. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Chapter 33, Human Resources Code, is amended by 1-14 adding Section 33.015 to read as follows: 1-15 Sec. 33.015. INITIAL ESTABLISHMENT AND RECERTIFICATION OF 1-16 ELIGIBILITY FOR CERTAIN PERSONS. (a) In administering the food 1-17 stamp program, the department shall, except as provided by 1-18 Subsection (c), allow a person to comply with initial eligibility 1-19 requirements, including any initial interview, and with subsequent 1-20 periodic eligibility recertification requirements by telephone 1-21 instead of through a personal appearance at department offices if: 1-22 (1) the person and each member of the person's 1-23 household have no earned income and are elderly or disabled; or 1-24 (2) the person is subject to a hardship, as determined 1-25 by the department. 1-26 (b) For purposes of Subsection (a)(2), a hardship includes a 1-27 situation in which a person is: 1-28 (1) subject to a work or training schedule that 1-29 prevents the person from personally appearing at department 1-30 offices; 1-31 (2) subject to transportation difficulties; 1-32 (3) subject to other difficulties arising from the 1-33 person's residency in a rural area; 1-34 (4) subject to prolonged severe weather; 1-35 (5) ill; or 1-36 (6) needed to care for a member of the person's 1-37 household. 1-38 (c) The department may require a person described by 1-39 Subsection (a) to personally appear at department offices to 1-40 establish initial eligibility or to comply with periodic 1-41 eligibility recertification requirements if the department 1-42 considers a personal appearance necessary to: 1-43 (1) protect the integrity of the food stamp program; 1-44 or 1-45 (2) prevent an adverse determination regarding the 1-46 person's eligibility that would be less likely to occur if the 1-47 person made a personal appearance. 1-48 (d) A person described by Subsection (a) may elect to 1-49 personally appear at department offices to establish initial 1-50 eligibility or to comply with periodic eligibility recertification 1-51 requirements. 1-52 SECTION 2. As soon as possible after the effective date of 1-53 this Act, the Texas Department of Human Services shall adopt rules 1-54 necessary for this state to exercise the federal option described 1-55 by 7 CFR Part 273.2(j) under which households that are eligible for 1-56 non-cash or in-kind benefits under the Temporary Assistance for 1-57 Needy Families program administered under Chapter 31, Human 1-58 Resources Code, are considered categorically eligible for food 1-59 stamps. In adopting rules, the department shall designate the 1-60 specific non-cash or in-kind benefit or benefits that will result 1-61 in categorical eligibility for food stamps. 1-62 SECTION 3. If before implementing any provision of this Act 1-63 a state agency determines that a waiver or authorization from a 1-64 federal agency is necessary for implementation of that provision, 2-1 the agency affected by the provision shall request the waiver or 2-2 authorization and may delay implementing that provision until the 2-3 waiver or authorization is granted. 2-4 SECTION 4. This Act takes effect September 1, 2001, and 2-5 applies to a person receiving food stamps on or after that date, 2-6 regardless of the date on which eligibility for food stamps was 2-7 determined. 2-8 * * * * *