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A BILL TO BE ENTITLED
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AN ACT
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relating to adjusting for inflation the maximum amount of a motor |
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vehicle excluded in determining eligibility 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 33.0215 to read as follows: |
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Sec. 33.0215. INFLATION ADJUSTMENT OF MOTOR VEHICLE VALUE |
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EXCLUDED IN DETERMINING SNAP ELIGIBILITY. (a) Not later than |
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August 1 of each odd-numbered year, the executive commissioner |
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shall: |
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(1) determine, in the manner specified by Subsection |
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(c), whether the maximum amount of the fair market value of a motor |
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vehicle that may be excluded from the resources of an applicant's |
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household for purposes of determining the applicant's eligibility |
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for supplemental nutrition assistance program benefits, including |
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eligibility determined in accordance with 7 C.F.R. Section |
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273.2(j), should be adjusted for inflation; and |
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(2) if the executive commissioner determines under |
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Subdivision (1) that the maximum amount should be adjusted, submit |
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to each member of the Legislative Budget Board a recommendation for |
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the adjustment for the state fiscal biennium beginning September 1 |
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of that odd-numbered year. |
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(b) Not later than September 1 of the odd-numbered year in |
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which the members of the Legislative Budget Board receive a |
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recommendation under Subsection (a), the board shall approve or |
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deny the recommendation and provide written notice to the executive |
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commissioner of the approval or denial. The recommendation is |
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considered approved if the board does not provide written notice of |
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the approval or denial on or before September 1. If the board |
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denies the recommendation, the maximum amount of the fair market |
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value of a motor vehicle that may be excluded from an applicant's |
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household resources remains the same as the amount excluded during |
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the preceding state fiscal biennium. |
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(c) If the Legislative Budget Board approves a |
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recommendation for an adjustment under Subsection (b), the |
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commission shall, not later than October 1 of the odd-numbered year |
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for which the recommendation was made, increase or decrease for |
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that state fiscal biennium beginning September 1 of that year the |
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maximum amount of the fair market value of a motor vehicle described |
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by Subsection (a) that may be excluded from an applicant's |
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household resources to reflect the percentage difference between: |
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(1) the average index level set by the Bureau of Labor |
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Statistics; and |
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(2) the new vehicles index of the Consumer Price Index |
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for All Urban Consumers published by the Bureau of Labor Statistics |
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or its successor index during the most recent 12-month period |
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ending in June. |
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(d) In calculating the maximum amount of the fair market |
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value of a motor vehicle described by Subsection (a) that may be |
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excluded from an applicant's household resources and |
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notwithstanding Subsection (c), the commission shall ensure that |
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the maximum excluded amounts of the first household vehicle and |
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each additional household vehicle remain proportionate to each |
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other in the same proportion as the excluded amounts for those |
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vehicles in effect on August 31, 2021. |
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(e) Notwithstanding Subsection (a), the executive |
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commissioner is not required to make a determination or |
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recommendation under that subsection until August 1, 2025, for the |
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state fiscal biennium beginning September 1, 2025. |
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(f) Notwithstanding this section, not later than October 1, |
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2023, and for the state fiscal biennium beginning September 1, |
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2023, the commission shall adjust for inflation in the manner |
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specified by Subsection (c) the maximum amount of the fair market |
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value of a motor vehicle that may be excluded from the resources of |
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an applicant's household for purposes of determining the |
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applicant's eligibility for supplemental nutrition assistance |
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program benefits, including eligibility determined in accordance |
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with 7 C.F.R. Section 273.2(j). In calculating the maximum amount |
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under this subsection, the commission shall comply with Subsection |
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(d). |
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(g) This subsection and Subsections (e) and (f) expire |
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September 1, 2025. |
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SECTION 2. The change in law made by this Act applies to an |
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initial determination or recertification of eligibility of a person |
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for the supplemental nutrition assistance program under Chapter 33, |
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Human Resources Code, that is made on or after the effective date of |
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this Act. |
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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, 2023. |