88R20099 SCP-D
By: Guillen, Ortega, Flores, Hernandez, H.B. No. 1287
Plesa, et al.
Substitute the following for H.B. No. 1287:
By: Shaheen C.S.H.B. No. 1287
A BILL TO BE ENTITLED
AN ACT
relating to adjusting for inflation the maximum amount of a motor
vehicle excluded in determining eligibility 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 Section 33.0215 to read as follows:
Sec. 33.0215. INFLATION ADJUSTMENT OF MOTOR VEHICLE VALUE
EXCLUDED IN DETERMINING SNAP ELIGIBILITY. (a) Not later than
August 1 of each odd-numbered year, the executive commissioner
shall:
(1) determine, in the manner specified by Subsection
(c), whether the maximum amount of the fair market value of a motor
vehicle that may be excluded from the resources of an applicant's
household for purposes of determining the applicant's eligibility
for supplemental nutrition assistance program benefits, including
eligibility determined in accordance with 7 C.F.R. Section
273.2(j), should be adjusted for inflation; and
(2) if the executive commissioner determines under
Subdivision (1) that the maximum amount should be adjusted, submit
to each member of the Legislative Budget Board a recommendation for
the adjustment for the state fiscal biennium beginning September 1
of that odd-numbered year.
(b) Not later than September 1 of the odd-numbered year in
which the members of the Legislative Budget Board receive a
recommendation under Subsection (a), the board shall approve or
deny the recommendation and provide written notice to the executive
commissioner of the approval or denial. The recommendation is
considered approved if the board does not provide written notice of
the approval or denial on or before September 1. If the board
denies the recommendation, the maximum amount of the fair market
value of a motor vehicle that may be excluded from an applicant's
household resources remains the same as the amount excluded during
the preceding state fiscal biennium.
(c) If the Legislative Budget Board approves a
recommendation for an adjustment under Subsection (b), the
commission shall, not later than October 1 of the odd-numbered year
for which the recommendation was made, increase or decrease for
that state fiscal biennium beginning September 1 of that year the
maximum amount of the fair market value of a motor vehicle described
by Subsection (a) that may be excluded from an applicant's
household resources to reflect the percentage difference between:
(1) the average index level set by the Bureau of Labor
Statistics; and
(2) the new vehicles index of the Consumer Price Index
for All Urban Consumers published by the Bureau of Labor Statistics
or its successor index during the most recent 12-month period
ending in June.
(d) In calculating the maximum amount of the fair market
value of a motor vehicle described by Subsection (a) that may be
excluded from an applicant's household resources and
notwithstanding Subsection (c), the commission shall ensure that
the maximum excluded amounts of the first household vehicle and
each additional household vehicle remain proportionate to each
other in the same proportion as the excluded amounts for those
vehicles in effect on August 31, 2021.
(e) Notwithstanding Subsection (a), the executive
commissioner is not required to make a determination or
recommendation under that subsection until August 1, 2025, for the
state fiscal biennium beginning September 1, 2025.
(f) Notwithstanding this section, not later than October 1,
2023, and for the state fiscal biennium beginning September 1,
2023, the commission shall adjust for inflation in the manner
specified by Subsection (c) the maximum amount of the fair market
value of a motor vehicle that may be excluded from the resources of
an applicant's household for purposes of determining the
applicant's eligibility for supplemental nutrition assistance
program benefits, including eligibility determined in accordance
with 7 C.F.R. Section 273.2(j). In calculating the maximum amount
under this subsection, the commission shall comply with Subsection
(d).
(g) This subsection and Subsections (e) and (f) expire
September 1, 2025.
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, 2023.