1 | 1 | | 89R16853 AND-D |
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2 | 2 | | By: Kerwin H.B. No. 5461 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to eligibility for supplemental nutrition assistance |
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10 | 10 | | program benefits following certain parental truancy convictions. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Section 25.093, Education Code, is amended by |
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13 | 13 | | adding Subsection (h-1) to read as follows: |
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14 | 14 | | (h-1) If the defendant is a recipient of supplemental |
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15 | 15 | | nutrition assistance program benefits, the court in which a |
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16 | 16 | | conviction, deferred adjudication, or deferred disposition for an |
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17 | 17 | | offense under Subsection (a) occurs shall provide the defendant a |
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18 | 18 | | written warning that advises the defendant of the collateral |
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19 | 19 | | consequences under Section 33.018(d), Human Resources Code, that |
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20 | 20 | | are associated with a second or subsequent conviction under |
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21 | 21 | | Subsection (a). The executive commissioner of the Health and Human |
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22 | 22 | | Services Commission shall prescribe the form and contents of the |
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23 | 23 | | written warning required under this subsection. |
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24 | 24 | | SECTION 2. Section 33.018, Human Resources Code, is amended |
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25 | 25 | | by adding Subsection (d) to read as follows: |
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26 | 26 | | (d) Notwithstanding any other law, if a person who is |
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27 | 27 | | receiving supplemental nutrition assistance program benefits is |
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28 | 28 | | convicted of an offense under Section 25.093(a), Education Code, |
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29 | 29 | | the person's supplemental nutrition assistance program benefits |
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30 | 30 | | shall be reduced in the following manner: |
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31 | 31 | | (1) if the person is convicted two times of an offense |
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32 | 32 | | under Section 25.093(a), Education Code, the person is eligible to |
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33 | 33 | | receive a monthly benefit allotment equal to only 75 percent of the |
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34 | 34 | | monthly benefit allotment the person was determined eligible for |
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35 | 35 | | under the supplemental nutrition assistance program; |
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36 | 36 | | (2) if the person is convicted three times of an |
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37 | 37 | | offense under Section 25.093(a), Education Code, the person is |
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38 | 38 | | eligible to receive a monthly benefit equal to only 50 percent of |
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39 | 39 | | the monthly benefit allotment the person was determined eligible |
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40 | 40 | | for under the supplemental nutrition assistance program; and |
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41 | 41 | | (3) if the person is convicted four or more times of an |
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42 | 42 | | offense under Section 25.093(a), Education Code, the person is |
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43 | 43 | | ineligible for the supplemental nutrition assistance program. |
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44 | 44 | | SECTION 3. If before implementing any provision of this Act |
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45 | 45 | | a state agency determines that a waiver or authorization from a |
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46 | 46 | | federal agency is necessary for implementation of that provision, |
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47 | 47 | | the agency affected by the provision shall request the waiver or |
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48 | 48 | | authorization and may delay implementing that provision until the |
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49 | 49 | | waiver or authorization is granted. |
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50 | 50 | | SECTION 4. The changes in law made by this Act apply only to |
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51 | 51 | | an offense committed on or after the effective date of this Act. An |
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52 | 52 | | offense committed before the effective date of this Act is governed |
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53 | 53 | | by the law in effect on the date the offense was committed, and the |
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54 | 54 | | former law is continued in effect for that purpose. For purposes of |
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55 | 55 | | this section, an offense was committed before the effective date of |
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56 | 56 | | this Act if any element of the offense occurred before that date. |
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57 | 57 | | SECTION 5. This Act takes effect September 1, 2025. |
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