81R9804 UM-D
By: Christian H.B. No. 4024
A BILL TO BE ENTITLED
AN ACT
relating to eligibility for certain nutritional assistance
programs and certain nutritional and supportive services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 33, Human Resources Code, is amended by
adding Section 33.0024 to read as follows:
Sec. 33.0024. DETERMINATION OF ELIGIBILITY FOR CERTAIN
ASSISTANCE: QUALIFIED VOTER STATUS. (a) In this section,
"qualified voter" has the meaning assigned by Section 11.002,
Election Code, but does not include the requirements of
Subdivisions (3), (4), and (6) of that section.
(b) A person who is 18 years of age or older is not eligible
for nutritional assistance under the food stamp program or the
child and adult care food program if the person is not a qualified
voter.
(c) In determining whether a person who is 18 years of age or
older is eligible for nutritional assistance under the food stamp
program, the department shall verify that the person is a qualified
voter.
(d) A person who provides nutritional assistance reimbursed
by the child and adult care food program shall verify that each
person who is 18 years of age or older and to whom that assistance is
provided under the program is a qualified voter in accordance with
rules adopted by the executive commissioner.
SECTION 2. Subchapter D, Chapter 161, Human Resources Code,
is amended by adding Section 161.085 to read as follows:
Sec. 161.085. RESTRICTIONS ON ELIGIBILITY FOR CERTAIN
NUTRITIONAL AND SUPPORTIVE SERVICES. (a) In this section:
(1) "Nutritional or supportive services" means
services authorized and funded in accordance with Title III, Older
Americans Act (42 U.S.C. Chapter 35).
(2) "Qualified voter" has the meaning assigned by
Section 11.002, Election Code, but does not include the
requirements of Subdivisions (3), (4), and (6) of that section.
(b) A person who is 18 years of age or older is not eligible
to receive nutritional or supportive services if the person is not a
qualified voter.
(c) The department shall require a person who receives funds
from the department to provide nutritional or supportive services
to verify that each person who is 18 years of age or older and to
whom those services are provided using the funds is a qualified
voter.
SECTION 3. (a) Section 33.0024, Human Resources Code, as
added by this Act, applies only to a determination of eligibility of
a person for nutritional assistance under Chapter 33, Human
Resources Code, 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.
(b) Section 161.085, Human Resources Code, as added by this
Act, applies only to nutritional or supportive services provided on
or after the effective date of this Act. Nutritional or supportive
services provided before the effective date of this Act are
governed by the law in effect on the date the services were
provided, and the former law is continued in effect for that
purpose.
SECTION 4. 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 5. This Act takes effect September 1, 2009.