HBA-CCH H.B. 1959 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1959
By: Naishtat
Human Services
3/2/2001
Introduced



BACKGROUND AND PURPOSE 

Current federal law makes certain legal immigrants ineligible for food
stamps but allows states flexibility in determining how to count their
income when determining the benefit levels of members of the same household
who are eligible for food stamps.  In 1998, there were more than 65,000
households in Texas that included both eligible members for food stamps and
ineligible legal immigrants.  Because of the way the Department of Human
Services (DHS) counts the income of ineligible legal immigrants when
determining the household's resources thousands of eligible members of
these households have had their food stamp benefits reduced or taken away,
including 145,000 children in Texas.  House Bill 1959 requires DHS to
exclude the income of legal immigrants who are ineligible for food stamps,
to the extent allowed by federal law, when determining food stamp benefits
for members of the same household who are eligible for food stamps. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 1959 amends the Human Resources Code to require the Department
of Human Services, to the maximum extent allowed by federal law, to exclude
the income of a person who is ineligible for food stamps because of federal
citizenship requirements  when determining eligibility and benefit levels
for another person of the same household.   

EFFECTIVE DATE

September 1, 2001.