88R10196 SCP-D By: Howard H.B. No. 4021 A BILL TO BE ENTITLED AN ACT relating to the eligibility of certain students enrolled in a postsecondary educational institution 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 33.020 to read as follows: Sec. 33.020. SNAP ELIGIBILITY OF CERTAIN STUDENTS ENROLLED IN POSTSECONDARY EDUCATION PROGRAMS. (a) In this section, "postsecondary educational institution" includes: (1) an institution of higher education or a private or independent institution of higher education as defined by Section 61.003, Education Code; and (2) a career school or college as defined by Section 132.001, Education Code. (b) The commission shall, as authorized under 7 U.S.C. Section 2015(o)(6), provide an exemption from work requirements to provide supplemental nutrition assistance program benefits to an individual who is: (1) ineligible to receive supplemental nutrition assistance program benefits based solely on the work requirements; and (2) enrolled as a student in a postsecondary educational institution. (c) The executive commissioner shall adopt rules to implement this section, including rules that ensure a student remains eligible for supplemental nutrition assistance benefits during a break in the semester or academic term of the postsecondary educational institution in which the student is enrolled. SECTION 2. Not later than December 31, 2024, the executive commissioner of the Health and Human Services Commission shall adopt the rules necessary to implement Section 33.020, Human Resources Code, as added by this Act. SECTION 3. Section 33.020, Human Resources Code, as added by this Act, applies only to an initial determination or recertification of eligibility for the supplemental nutrition assistance program under Chapter 33, Human Resources Code, that is made on or after the effective date of this Act. A determination or recertification made before the effective date of this Act is governed by the law in effect on the date the determination or recertification was made, and the former law is continued in effect for that purpose. SECTION 4. 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 5. This Act takes effect September 1, 2023.