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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 Sections 33.018 and 33.0181 to read as follows: |
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Sec. 33.018. INAPPLICABILITY OF CERTAIN FEDERAL LAW IN |
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DETERMINING SNAP ELIGIBILITY. (a) As authorized by 21 U.S.C. |
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Section 862a(d)(1)(B) and subject to Subsection (b), 21 U.S.C. |
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Section 862a(a)(2) applies in determining the eligibility of a |
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person for the supplemental nutrition assistance program only for a |
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five-year period beginning on the date the person is convicted of a |
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felony offense that has as an element the possession, use, or |
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distribution of a controlled substance, as defined in 21 U.S.C. |
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Section 802. |
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(b) A person who has been convicted of a felony described by |
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Subsection (a) is eligible for the supplemental nutrition |
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assistance program only if, after the five-year period described by |
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Subsection (a), the person submits to a drug test and the test does |
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not indicate the presence in the person's body of a controlled |
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substance not prescribed for the person by a health care |
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practitioner or marihuana. |
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Sec. 33.0181. INELIGIBILITY DUE TO CERTAIN CRIMINAL |
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CONVICTIONS. A person is permanently ineligible for the |
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supplemental nutrition assistance program if the person is |
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convicted of: |
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(1) murder under Section 19.02, Penal Code; |
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(2) capital murder under Section 19.03, Penal Code; |
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(3) continuous sexual abuse of a young child or |
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children under Section 21.02, Penal Code; |
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(4) indecency with a child under Section 21.11, Penal |
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Code; |
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(5) sexual assault under Section 22.011, Penal Code; |
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or |
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(6) aggravated sexual assault under Section 22.021, |
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Penal Code. |
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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. |