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.