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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility of certain persons for the supplemental |
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nutrition assistance program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 33, Human Resources Code, |
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is amended by adding Section 33.018 to read as follows: |
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Sec. 33.018. SNAP ELIGIBILITY FOLLOWING CERTAIN CRIMINAL |
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CONVICTIONS. (a) As authorized by 21 U.S.C. Section 862a(d)(1) and |
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except as provided by this section, 21 U.S.C. Section 862a(a)(2) |
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does not apply in determining the eligibility of any person for the |
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supplemental nutrition assistance program. |
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(b) 21 U.S.C. Section 862a(a)(2) applies in determining the |
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eligibility for the supplemental nutrition assistance program of a |
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person who has been convicted of, and released on parole or placed |
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on community supervision for, any felony offense that has as an |
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element the possession, use, or distribution of a controlled |
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substance, as defined in 21 U.S.C. Section 802, if the person |
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violates any condition of that parole or community supervision. A |
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person described by this subsection is ineligible for the |
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supplemental nutrition assistance program only for a two-year |
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period beginning on the date the person is found to have violated |
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the condition of parole or community supervision, as authorized by |
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21 U.S.C. Section 862a(d)(1)(B). |
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(c) A person convicted of an offense described by Subsection |
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(b) who is receiving supplemental nutrition assistance program |
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benefits and who is convicted of a subsequent felony offense, |
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regardless of the elements of the offense, is ineligible for the |
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supplemental nutrition assistance program. |
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SECTION 2. The changes in law made by this Act apply only to |
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a determination of eligibility of a person for supplemental |
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nutrition assistance benefits made on or after the effective date |
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of this Act. A determination of eligibility made before the |
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effective date of this Act is governed by the law in effect on the |
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date the determination was made, and the former law is continued in |
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effect for that purpose. |
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SECTION 3. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 4. This Act takes effect September 1, 2015. |