80R658 KLA-D
 
  By: Naishtat H.B. No. 854
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of and requirements applicable to
certain persons for food stamps.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Chapter 33, Human Resources Code, is amended by
adding Sections 33.016 and 33.017 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.
       Sec. 33.017.  EXEMPTION FROM WORK REQUIREMENTS FOR CERTAIN
FOOD STAMP RECIPIENTS. As authorized by 7 U.S.C. Section 2015(o),
the executive commissioner of the Health and Human Services
Commission by rule may exempt a person described by Section 33.016
who is eligible for food stamps from the work requirements under the
food stamp program that would otherwise apply to the person.
       SECTION 2.  Section 33.016, Human Resources Code, as added
by this Act, applies 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 3.  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 4.  This Act takes effect September 1, 2007.