87R10535 MM-D
By: Johnson S.B. No. 1217
A BILL TO BE ENTITLED
AN ACT
relating to eligibility for supplemental nutrition assistance
program benefits.
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 33.016 and 33.0215 to read as follows:
Sec. 33.016. PERIOD OF ELIGIBILITY OF CERTAIN PERSONS FOR
SNAP BENEFITS. (a) The commission by rule shall ensure that an
individual whose eligibility for supplemental nutrition assistance
program benefits has been initially established or recertified
remains eligible to receive those benefits for a period of 12
months.
(b) The commission may adjust the eligibility period
described by Subsection (a) as necessary to align an individual's
recertification of eligibility for supplemental nutrition
assistance program benefits with the redetermination of
eligibility of a child residing in the same household for medical
assistance program benefits under Chapter 32.
(c) This section does not apply to an individual receiving
supplemental nutrition assistance program benefits who:
(1) at the time the individual's eligibility for
benefits is initially established or recertified, expects a change
in circumstances within six months following the establishment or
recertification of eligibility that will make the individual
ineligible to receive the benefits;
(2) is 60 years of age or older or has a disability,
has no earned income, and resides in a household in which every
other individual residing in the household:
(A) is 60 years of age or older or has a
disability; and
(B) has no earned income; or
(3) resides in a household in which at least one
individual:
(A) is at least 18 years of age but younger than
50 years of age;
(B) has no dependents; and
(C) does not have a disability.
Sec. 33.0215. ANNUAL INFLATION ADJUSTMENT OF RESOURCES
EXCLUDED IN DETERMINING SNAP ELIGIBILITY. (a) Subject to
Subsection (b), the executive commissioner by rule shall adjust for
inflation the maximum amount prescribed by the commission, if any,
for a resource excluded from the resources of an applicant's
household for purposes of determining the applicant's eligibility
for supplemental nutrition assistance program benefits.
(b) Not later than October 1 of each year, the maximum
amount of a resource described by Subsection (a) must be adjusted to
reflect the change in the Consumer Price Index for All Urban
Consumers published by the Bureau of Labor Statistics or its
successor index during the preceding 12-month period ending in
June.
(c) Notwithstanding Subsection (b), for the initial
adjustment under Subsection (a), the executive commissioner shall
adjust the maximum amount prescribed by the commission for an
excluded resource to reflect the change in the Consumer Price Index
for All Urban Consumers published by the Bureau of Labor Statistics
during each 12-month period since July 1, 2001. This subsection
expires October 1, 2022.
SECTION 2. The change in law made by this Act applies to an
initial determination or recertification of eligibility of a person
for the supplemental nutrition assistance program under Chapter 33,
Human Resources Code, that is made on or after the effective date of
this Act.
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, 2021.