81R25614 KLA-D
By: Naishtat, Walle, et al. H.B. No. 612
Substitute the following for H.B. No. 612:
By: Rose C.S.H.B. No. 612
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of certain persons for the food stamp
program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 33, Human Resources Code, is amended by
adding Section 33.017 to read as follows:
Sec. 33.017. INAPPLICABILITY OF CERTAIN FEDERAL LAW IN
DETERMINING ELIGIBILITY. As authorized by 21 U.S.C. Section
862a(d)(1)(A), 21 U.S.C. Section 862a(a) does not apply in
determining whether a person convicted of an offense described by
that section is eligible for the food stamp program if the person
meets one or more of the following requirements:
(1) as a result of the conviction, the person:
(A) is on community supervision under Article
42.12, Code of Criminal Procedure, at the time the eligibility
determination is made; or
(B) was placed on community supervision and the
period of community supervision has expired or has been terminated
without revocation;
(2) the person is enrolled in a drug treatment program
at the time the eligibility determination is made; or
(3) the person completed a drug treatment program
after the person was convicted of the offense.
SECTION 2. The changes in law made by this Act apply only to
a determination of eligibility of a person for food stamps 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.
SECTION 3. 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 4. This Act takes effect September 1, 2009.