| 1 | 1 | | 81R25614 KLA-D |
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| 2 | 2 | | By: Naishtat, Walle, et al. H.B. No. 612 |
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| 3 | 3 | | Substitute the following for H.B. No. 612: |
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| 4 | 4 | | By: Rose C.S.H.B. No. 612 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the eligibility of certain persons for the food stamp |
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| 10 | 10 | | program. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Chapter 33, Human Resources Code, is amended by |
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| 13 | 13 | | adding Section 33.017 to read as follows: |
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| 14 | 14 | | Sec. 33.017. INAPPLICABILITY OF CERTAIN FEDERAL LAW IN |
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| 15 | 15 | | DETERMINING ELIGIBILITY. As authorized by 21 U.S.C. Section |
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| 16 | 16 | | 862a(d)(1)(A), 21 U.S.C. Section 862a(a) does not apply in |
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| 17 | 17 | | determining whether a person convicted of an offense described by |
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| 18 | 18 | | that section is eligible for the food stamp program if the person |
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| 19 | 19 | | meets one or more of the following requirements: |
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| 20 | 20 | | (1) as a result of the conviction, the person: |
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| 21 | 21 | | (A) is on community supervision under Article |
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| 22 | 22 | | 42.12, Code of Criminal Procedure, at the time the eligibility |
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| 23 | 23 | | determination is made; or |
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| 24 | 24 | | (B) was placed on community supervision and the |
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| 25 | 25 | | period of community supervision has expired or has been terminated |
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| 26 | 26 | | without revocation; |
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| 27 | 27 | | (2) the person is enrolled in a drug treatment program |
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| 28 | 28 | | at the time the eligibility determination is made; or |
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| 29 | 29 | | (3) the person completed a drug treatment program |
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| 30 | 30 | | after the person was convicted of the offense. |
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| 31 | 31 | | SECTION 2. The changes in law made by this Act apply only to |
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| 32 | 32 | | a determination of eligibility of a person for food stamps made on |
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| 33 | 33 | | or after the effective date of this Act. A determination of |
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| 34 | 34 | | eligibility made before the effective date of this Act is governed |
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| 35 | 35 | | by the law in effect on the date the determination was made, and the |
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| 36 | 36 | | former law is continued in effect for that purpose. |
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| 37 | 37 | | SECTION 3. If before implementing any provision of this Act |
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| 38 | 38 | | a state agency determines that a waiver or authorization from a |
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| 39 | 39 | | federal agency is necessary for implementation of that provision, |
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| 40 | 40 | | the agency affected by the provision shall request the waiver or |
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| 41 | 41 | | authorization and may delay implementing that provision until the |
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| 42 | 42 | | waiver or authorization is granted. |
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| 43 | 43 | | SECTION 4. This Act takes effect September 1, 2009. |
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