By:  Naishtat                                                     H.B. No. 420

Substitute the following for H.B. No. 420:                                    

By:  Naishtat                                                 C.S.H.B. No. 420



A BILL TO BE ENTITLED

AN ACT

relating to the eligibility of certain persons for the food stamp 
program.  
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 33, Human Resources Code, is amended by 
adding Section 33.016 to read as follows:
	Sec. 33.016.  INAPPLICABILITY OF CERTAIN FEDERAL LAW IN 
DETERMINING ELIGIBILITY.  As authorized by 21 U.S.C. Section 
862a(d)(1)(A), 21 U.S.C. Section 862a(a) does not apply in 
determining whether a person convicted of an offense described by 
that section is eligible for the food stamp program if:
		(1)  as a result of the conviction, the person:                        
			(A)  is on community supervision under Article 
42.12, Code of Criminal Procedure, at the time the eligibility 
determination is made; or
			(B)  was placed on community supervision and the 
period of community supervision has expired or has been terminated 
without revocation;
		(2)  the person is enrolled in a drug treatment program 
at the time the eligibility determination is made; or
		(3)  the person completed a drug treatment program 
after the person was convicted of the offense.
	SECTION 2.  If before implementing any provision of this Act 
a state agency determines that a waiver or authorization from a 
federal agency is necessary for implementation of that provision, 
the agency affected by the provision shall request the waiver or 
authorization and may delay implementing that provision until the 
waiver or authorization is granted.
	SECTION 3.  The changes in law made by this Act apply only to 
a determination of eligibility of a person for food stamps made on 
or after the effective date of this Act.  A determination of 
eligibility made before the effective date of this Act is governed 
by the law in effect on the date the determination was made, and the 
former law is continued in effect for that purpose.
	SECTION 4.  This Act takes effect September 1, 2005.