| 1 | 1 | | 88R10196 SCP-D |
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| 2 | 2 | | By: Howard H.B. No. 4021 |
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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 students enrolled in a |
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| 8 | 8 | | postsecondary educational institution for the supplemental |
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| 9 | 9 | | nutrition assistance program. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter A, Chapter 33, Human Resources Code, |
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| 12 | 12 | | is amended by adding Section 33.020 to read as follows: |
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| 13 | 13 | | Sec. 33.020. SNAP ELIGIBILITY OF CERTAIN STUDENTS ENROLLED |
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| 14 | 14 | | IN POSTSECONDARY EDUCATION PROGRAMS. (a) In this section, |
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| 15 | 15 | | "postsecondary educational institution" includes: |
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| 16 | 16 | | (1) an institution of higher education or a private or |
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| 17 | 17 | | independent institution of higher education as defined by Section |
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| 18 | 18 | | 61.003, Education Code; and |
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| 19 | 19 | | (2) a career school or college as defined by Section |
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| 20 | 20 | | 132.001, Education Code. |
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| 21 | 21 | | (b) The commission shall, as authorized under 7 U.S.C. |
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| 22 | 22 | | Section 2015(o)(6), provide an exemption from work requirements to |
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| 23 | 23 | | provide supplemental nutrition assistance program benefits to an |
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| 24 | 24 | | individual who is: |
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| 25 | 25 | | (1) ineligible to receive supplemental nutrition |
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| 26 | 26 | | assistance program benefits based solely on the work requirements; |
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| 27 | 27 | | and |
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| 28 | 28 | | (2) enrolled as a student in a postsecondary |
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| 29 | 29 | | educational institution. |
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| 30 | 30 | | (c) The executive commissioner shall adopt rules to |
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| 31 | 31 | | implement this section, including rules that ensure a student |
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| 32 | 32 | | remains eligible for supplemental nutrition assistance benefits |
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| 33 | 33 | | during a break in the semester or academic term of the postsecondary |
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| 34 | 34 | | educational institution in which the student is enrolled. |
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| 35 | 35 | | SECTION 2. Not later than December 31, 2024, the executive |
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| 36 | 36 | | commissioner of the Health and Human Services Commission shall |
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| 37 | 37 | | adopt the rules necessary to implement Section 33.020, Human |
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| 38 | 38 | | Resources Code, as added by this Act. |
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| 39 | 39 | | SECTION 3. Section 33.020, Human Resources Code, as added |
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| 40 | 40 | | by this Act, applies only to an initial determination or |
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| 41 | 41 | | recertification of eligibility for the supplemental nutrition |
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| 42 | 42 | | assistance program under Chapter 33, Human Resources Code, that is |
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| 43 | 43 | | made on or after the effective date of this Act. A determination or |
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| 44 | 44 | | recertification made before the effective date of this Act is |
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| 45 | 45 | | governed by the law in effect on the date the determination or |
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| 46 | 46 | | recertification was made, and the former law is continued in effect |
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| 47 | 47 | | for that purpose. |
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| 48 | 48 | | SECTION 4. If before implementing any provision of this Act |
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| 49 | 49 | | a state agency determines that a waiver or authorization from a |
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| 50 | 50 | | federal agency is necessary for implementation of that provision, |
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| 51 | 51 | | the agency affected by the provision shall request the waiver or |
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| 52 | 52 | | authorization and may delay implementing that provision until the |
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| 53 | 53 | | waiver or authorization is granted. |
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| 54 | 54 | | SECTION 5. This Act takes effect September 1, 2023. |
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