84R12014 LED-D
By: Blanco H.B. No. 2673
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of certain persons for the supplemental
nutrition assistance program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 33, Human Resources Code,
is amended by adding Sections 33.018 and 33.0181 to read as follows:
Sec. 33.018. INAPPLICABILITY OF CERTAIN FEDERAL LAW IN
DETERMINING SNAP ELIGIBILITY. (a) As authorized by 21 U.S.C.
Section 862a(d)(1)(B) and subject to Subsection (b), 21 U.S.C.
Section 862a(a)(2) applies in determining the eligibility of a
person for the supplemental nutrition assistance program only for a
five-year period beginning on the date the person is convicted of a
felony offense that has as an element the possession, use, or
distribution of a controlled substance, as defined in 21 U.S.C.
Section 802.
(b) A person who has been convicted of a felony described by
Subsection (a) is eligible for the supplemental nutrition
assistance program only if, after the five-year period described by
Subsection (a), the person submits to a drug test and the test does
not indicate the presence in the person's body of a controlled
substance not prescribed for the person by a health care
practitioner or marihuana.
Sec. 33.0181. INELIGIBILITY DUE TO CERTAIN CRIMINAL
CONVICTIONS. A person is permanently ineligible for the
supplemental nutrition assistance program if the person is
convicted of:
(1) murder under Section 19.02, Penal Code;
(2) capital murder under Section 19.03, Penal Code;
(3) continuous sexual abuse of a young child or
children under Section 21.02, Penal Code;
(4) indecency with a child under Section 21.11, Penal
Code;
(5) sexual assault under Section 22.011, Penal Code;
or
(6) aggravated sexual assault under Section 22.021,
Penal Code.
SECTION 2. The changes in law made by this Act apply only to
a determination of eligibility of a person for supplemental
nutrition assistance benefits 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, 2015.