HBA-TBM C.S.H.B. 1218 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 1218 By: Chavez Human Services 3/23/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE Federal welfare reform legislation in 1996 denied food stamp benefits to many legal immigrants. Even after a partial restoration of federal food stamp benefits to selected immigrants in 1998, many legal immigrants in Texas are without food stamp benefits. C.S.H.B. 1218 requires the Texas Department of Human Services to develop and implement a food assistance program to provide nutritional assistance to lawfully present immigrants. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Department of Human Services in SECTION 1 (Section 33.0024, Human Resources Code) of this bill. ANALYSIS C.S.H.B. 1218 amends the Human Resources Code to require the Texas Department of Human Services (DHS) by rule to develop and implement a food assistance program to provide nutritional assistance to a lawfully present immigrant who: _is a qualified alien; _meets all eligibility requirements of the food stamp program but is not eligible for assistance solely because of federal provisions that limit the eligibility of qualified aliens for certain federal programs; _is not receiving assistance under a similar food program administered by DHS that provides assistance to certain immigrants who are ineligible for food stamp benefits; and _is younger than 18 years of age and entered the United States after August 22, 1996, is 60 years of age or older and either was a lawful resident of the United States on August 22, 1996 or entered the United States after August 22, 1996, or is disabled and entered the United States after August 22, 1996. The bill requires the food assistance program to be administered using the same rules with respect to eligibility procedures and benefit levels that are used in administering the food stamp program. The bill provides that the food assistance program required by this bill is not intended to replace a similar food program known as the State Immigrant Food Assistance Program that provides assistance to certain immigrants ineligible for the federal food stamp program that was authorized by the Texas Board of Human Services and implemented under DHS rule. EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 1218 differs from the original by not providing for the establishment of a food assistance program for lawful immigrants that replaces State Immigrant Food Assistance Program (SIFAP). The substitute sets forth provisions for the establishment of a food assistance program that assists immigrants who are not receiving assistance through the federal food stamp program, SIFAP, or any other food assistance program administered by the Texas Department of Human Services. The substitute sets forth eligibility criteria for the food assistance program.