| 1 | 1 | | 84R12014 LED-D |
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| 2 | 2 | | By: Blanco H.B. No. 2673 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the eligibility of certain persons for the supplemental |
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| 8 | 8 | | nutrition assistance program. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter A, Chapter 33, Human Resources Code, |
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| 11 | 11 | | is amended by adding Sections 33.018 and 33.0181 to read as follows: |
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| 12 | 12 | | Sec. 33.018. INAPPLICABILITY OF CERTAIN FEDERAL LAW IN |
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| 13 | 13 | | DETERMINING SNAP ELIGIBILITY. (a) As authorized by 21 U.S.C. |
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| 14 | 14 | | Section 862a(d)(1)(B) and subject to Subsection (b), 21 U.S.C. |
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| 15 | 15 | | Section 862a(a)(2) applies in determining the eligibility of a |
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| 16 | 16 | | person for the supplemental nutrition assistance program only for a |
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| 17 | 17 | | five-year period beginning on the date the person is convicted of a |
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| 18 | 18 | | felony offense that has as an element the possession, use, or |
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| 19 | 19 | | distribution of a controlled substance, as defined in 21 U.S.C. |
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| 20 | 20 | | Section 802. |
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| 21 | 21 | | (b) A person who has been convicted of a felony described by |
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| 22 | 22 | | Subsection (a) is eligible for the supplemental nutrition |
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| 23 | 23 | | assistance program only if, after the five-year period described by |
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| 24 | 24 | | Subsection (a), the person submits to a drug test and the test does |
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| 25 | 25 | | not indicate the presence in the person's body of a controlled |
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| 26 | 26 | | substance not prescribed for the person by a health care |
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| 27 | 27 | | practitioner or marihuana. |
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| 28 | 28 | | Sec. 33.0181. INELIGIBILITY DUE TO CERTAIN CRIMINAL |
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| 29 | 29 | | CONVICTIONS. A person is permanently ineligible for the |
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| 30 | 30 | | supplemental nutrition assistance program if the person is |
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| 31 | 31 | | convicted of: |
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| 32 | 32 | | (1) murder under Section 19.02, Penal Code; |
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| 33 | 33 | | (2) capital murder under Section 19.03, Penal Code; |
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| 34 | 34 | | (3) continuous sexual abuse of a young child or |
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| 35 | 35 | | children under Section 21.02, Penal Code; |
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| 36 | 36 | | (4) indecency with a child under Section 21.11, Penal |
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| 37 | 37 | | Code; |
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| 38 | 38 | | (5) sexual assault under Section 22.011, Penal Code; |
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| 39 | 39 | | or |
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| 40 | 40 | | (6) aggravated sexual assault under Section 22.021, |
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| 41 | 41 | | Penal Code. |
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| 42 | 42 | | SECTION 2. The changes in law made by this Act apply only to |
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| 43 | 43 | | a determination of eligibility of a person for supplemental |
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| 44 | 44 | | nutrition assistance benefits made on or after the effective date |
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| 45 | 45 | | of this Act. A determination of eligibility made before the |
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| 46 | 46 | | effective date of this Act is governed by the law in effect on the |
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| 47 | 47 | | date the determination was made, and the former law is continued in |
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| 48 | 48 | | effect for that purpose. |
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| 49 | 49 | | SECTION 3. If before implementing any provision of this Act |
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| 50 | 50 | | a state agency determines that a waiver or authorization from a |
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| 51 | 51 | | federal agency is necessary for implementation of that provision, |
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| 52 | 52 | | the agency affected by the provision shall request the waiver or |
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| 53 | 53 | | authorization and may delay implementing that provision until the |
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| 54 | 54 | | waiver or authorization is granted. |
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| 55 | 55 | | SECTION 4. This Act takes effect September 1, 2015. |
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