BILL ANALYSIS
By: Naishtat
BACKGROUND AND PURPOSE
Currently, Texans with a prior drug felony conviction that occurred after August 22, 1996 are banned from ever receiving food stamps. Unless states enact legislation to opt out of or modify the ban, federal law requires states to impose a lifetime ban on the receipt of food stamps for those individuals who have been convicted of drug felonies for conduct that occurred after August 22, 1996. This is a lifetime ban, even if someone has completed his or her sentence, overcome an addiction, been employed but got laid off, or earned a certificate of rehabilitation.
This policy is counter-productive, creates barriers to successful integration back into society and undermines Texas' efforts to reduce recidivism of parolees and probationers. In addition, the need for nutritional assistance does not go away, and these individuals seek assistance from other state and local resources which are already being stretched in attempts to meet the need of others.
HB 854 would make use of the state's option to opt out of the lifetime ban on Food Stamps for individuals with felony drug convictions that occurred after August 22, 1996, if as a result of the conviction, the ex-offender is on community supervision or has successfully completed community supervision, or is in drug treatment or has completed drug treatment after the conviction.
Since the Food Stamp program is 100% federally funded, requiring no state match, this would help individuals with prior felony drug convictions to meet their nutritional needs without needing to access assistance from limited state or local resources.
RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is expressly granted to the executive commissioner of the Health and Human Services Commission in SECTION 1 of this bill.
ANALYSIS
HB 854 authorizes the Texas Health and Human Services Commission to exercise the federal option to disregard prior felony drug convictions when determining a person's eligibility for food stamps provided that person as a result of the conviction: is on community supervision at the time the eligibility determination is made; or was placed on community supervision and the period of community supervision has expired or has been terminated without revocation; the person is enrolled in a drug treatment program at the time the eligibility determination is made; or the person completed a drug treatment program after the person was convicted of the offense. The executive commissioner of the Texas Health and Human Services Commission by rule may exempt a person who receives food stamps under this Act from work requirements under the food stamp program that would otherwise apply to the person.
Changes in law apply only to eligibility determination of applicants for food stamps made on or after the effective date of this Act. An agency affected by the provisions of this bill is authorized to delay implementation until federal approval is granted if it is determined that a federal waiver or approval is required.
EFFECTIVE DATE
September 1, 2007.