81R25614 KLA-D
 
  By: Naishtat, Walle, et al. H.B. No. 612
 
  Substitute the following for H.B. No. 612:
 
  By:  Rose C.S.H.B. No. 612
 
 
 
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 33.017 to read as follows:
         Sec. 33.017.  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 the person
  meets one or more of the following requirements:
               (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.  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 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, 2009.