HBA-NRS C.S.H.B. 475 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 475 By: Naishtat Human Services 3/16/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE Current law requires an individual seeking assistance through the state's Food Stamp Program to make a personal appearance at Texas Department of Human Services (DHS) offices. The Interim Report to the 77th Texas Legislature found that one of the major reasons that so many people who are eligible for the Food Stamp Program do not access assistance is the lengthy face-to-face interviews at DHS offices which usually cut into normal work hours for eligible recipients. Eligible recipients may also face difficulties in finding adequate transportation or childcare while attending such interviews. C.S.H.B. 475 allows an individual to comply with eligibility requirements for the Food Stamp Program by telephone instead of through a personal appearance at DHS offices, along with exercising a federal eligibility option under which recipients of the Temporary Assistance for Needy Families program are categorically eligible for the food stamp program. 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 2 of this bill. ANALYSIS C.S.H.B. 475 amends the Human Resources Code to require the Texas Department of Human Services (DHS), in administering the food stamp program (program), to allow a person to comply with initial eligibility requirements and with subsequent periodic eligibility recertification requirements by telephone instead of through a personal appearance at DHS offices if the person and each member of the person's household have no earned income and are elderly or disabled or if the person is subject to a hardship. The bill authorizes DHS to require such a person to personally appear at DHS offices to establish initial eligibility or to comply with periodic eligibility recertification requirements if DHS considers a personal appearance necessary to protect the integrity of the program or to prevent an adverse determination regarding the person's eligibility that would be less likely to occur if the person made a personal appearance. The bill authorizes a person to elect to personally appear at DHS offices to meet program eligibility requirements. As soon as possible after the effective date of the Act, the bill requires DHS to adopt rules necessary for the state to exercise the federal option under which households that are eligible for non-cash or in-kind benefits under the Temporary Assistance for Needy Families program are considered categorically eligible for food stamps. In adopting rules, the bill requires DHS to designate the specific non-cash or in-kind benefit or benefits that will result in categorical eligibility for food stamps. EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 475 adds new language to the original to require the Texas Department of Human Services (DHS), in administering the food stamp program (program), to allow a person to comply with eligibility requirements by telephone instead of through a personal appearance at DHS offices. Additionally, the substitute adds new language to the original that requires DHS to adopt rules necessary for the state to exercise the federal option under which households that are eligible for non-cash or in-kind benefits under the Temporary Assistance for Needy Families program are considered categorically eligible for food stamps. The substitute removes provisions relating to eligibility for the financial assistance and food stamp programs as determined by certain motor vehicle allowance standards. The substitute removes the requirement that DHS develop and implement certain services and programs related to the financial assistance program.