reglab/statecodes huggingface dataset:
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 32 - Medical Assistance Program › Subchapter F. Partnership for Long-Term Care Program › Section 32.251. Definitions

Sec. 32.251.  DEFINITIONS.  In this subchapter:
(1)  "Approved plan" means a long-term care benefit plan that is approved by the Texas Department of Insurance under Subchapter C, Chapter 1651, Insurance Code.
(2)  "Asset disregard" means the total equity value of  assets and resources not exempt under rules governing the medical assistance program that are disregarded in determining eligibility for the medical assistance program and in determining estate recovery obligations.
(3)  "Asset protection" means the right extended to a plan holder of an approved plan to dollar-for-dollar asset disregard under the medical assistance program.
(4)  "Dollar-for-dollar asset disregard" means an asset disregard in which the amount of the disregard is equal to the sum of qualifying benefit payments made on behalf of the qualified plan holder.
(5)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 4.465(a)(45), eff. April 2, 2015.
(6)  "Partnership for long-term care program" means the program established under this subchapter and Subchapter C, Chapter 1651, Insurance Code.
Added by Acts 2007, 80th Leg., R.S., Ch. 795 (S.B. 22), Sec. 2, eff. March 1, 2008.
Renumbered from Human Resources Code, Section 32.101 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(58), eff. September 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.465(a)(45), eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 32 - Medical Assistance Program › Subchapter F. Partnership for Long-Term Care Program › Section 32.252. Partnership for Long-Term Care Program

Sec. 32.252.  PARTNERSHIP FOR LONG-TERM CARE PROGRAM.  The partnership for long-term care program is administered as part of the medical assistance program by the commission with the assistance of the Texas Department of Insurance.  The program must be consistent with provisions governing the expansion of a state long-term care partnership program established under the federal Deficit Reduction Act of 2005 (Pub. L. No. 109-171).
Added by Acts 2007, 80th Leg., R.S., Ch. 795 (S.B. 22), Sec. 2, eff. March 1, 2008.
Renumbered from Human Resources Code, Section 32.102 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(58), eff. September 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.151, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 32 - Medical Assistance Program › Subchapter F. Partnership for Long-Term Care Program › Section 32.253. Asset Disregard

Sec. 32.253.  ASSET DISREGARD.  (a)  To the extent allowed by the federal Deficit Reduction Act of 2005 (Pub. L. No. 109-171) and other federal law, the executive commissioner, in adopting rules and standards governing the medical assistance program, shall allow for dollar-for-dollar asset disregard in determining eligibility for medical assistance for an individual receiving long-term care services if the individual is or was covered by a long-term care benefit plan providing coverage for long-term care that meets the applicable minimum benefit standards of the commissioner of the Texas Department of Insurance under Subchapter C, Chapter 1651, Insurance Code, and other requirements for approval under the partnership for long-term care program.
(b)  The commission may not consider the resources of an individual who has used all or part of the individual's benefits under an approved plan to the extent those resources are the subject of a dollar-for-dollar asset disregard in determining:
(1)  eligibility for medical assistance under the medical assistance program;
(2)  the amount of medical assistance provided; or
(3)  any subsequent recovery by this state from the individual's estate for medical assistance provided to the individual.
(c)  The commission may not provide to an individual eligible for medical assistance under this section those medical assistance services covered under the medical assistance program that are also covered by the individual's benefits under the approved plan until the individual has fully exhausted the individual's benefits under the plan.
Added by Acts 2007, 80th Leg., R.S., Ch. 795 (S.B. 22), Sec. 2, eff. March 1, 2008.
Renumbered from Human Resources Code, Section 32.103 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(58), eff. September 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.152, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 32 - Medical Assistance Program › Subchapter F. Partnership for Long-Term Care Program › Section 32.254. Reciprocal Agreements

Sec. 32.254.  RECIPROCAL AGREEMENTS.  The commission may enter into reciprocal agreements with other states to extend asset protection to a resident of this state who purchased a long-term care benefit plan in another state that has a substantially similar asset disregard program.
Added by Acts 2007, 80th Leg., R.S., Ch. 795 (S.B. 22), Sec. 2, eff. March 1, 2008.
Renumbered from Human Resources Code, Section 32.104 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(58), eff. September 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.153, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 32 - Medical Assistance Program › Subchapter F. Partnership for Long-Term Care Program › Section 32.255. Training; Information and Technical Assistance

Sec. 32.255.  TRAINING; INFORMATION AND TECHNICAL ASSISTANCE.  The commission shall provide information and technical assistance to the Texas Department of Insurance regarding that department's role in ensuring that each individual who sells a long-term care benefit plan under the partnership for long-term care program receives training and demonstrates evidence of an understanding of these plans as required by Section 1651.105, Insurance Code.  The training must satisfy the training requirements imposed under the provisions governing the expansion of a state long-term care partnership program established under the federal Deficit Reduction Act of 2005 (Pub. L. No. 109-171).
Added by Acts 2007, 80th Leg., R.S., Ch. 795 (S.B. 22), Sec. 2, eff. March 1, 2008.
Renumbered from Human Resources Code, Section 32.105 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(58), eff. September 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.153, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 32 - Medical Assistance Program › Subchapter F. Partnership for Long-Term Care Program › Section 32.256. Rules

Sec. 32.256.  RULES.  (a)  The executive commissioner shall adopt rules as necessary to administer the partnership for long-term care program and to implement this subchapter.
(b)  In adopting rules under this section, the executive commissioner shall:
(1)  provide for dollar-for-dollar asset disregard and asset protection for purchasers of an approved plan; and
(2)  count benefits paid under the approved plan toward the dollar-for-dollar asset disregard to the extent the benefits are provided for covered services under the approved plan.
Added by Acts 2007, 80th Leg., R.S., Ch. 795 (S.B. 22), Sec. 2, eff. March 1, 2008.
Renumbered from Human Resources Code, Section 32.106 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(58), eff. September 1, 2009.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 33 - Nutritional Assistance Programs › Subchapter A. Nutritional Assistance Programs in General › Section 33.0005. Definitions

Sec. 33.0005.  DEFINITIONS.  In this chapter:
(1)  "Commissioner" means the commissioner of agriculture.
(1-a)  "Department" means the Department of Agriculture.
(2)  "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.
(3)  "Supplemental nutrition assistance program" and "SNAP" mean the program operated pursuant to 7 U.S.C. Section 2011 et seq.
Added by Acts 2007, 80th Leg., R.S., Ch. 963 (H.B. 4062), Sec. 5, eff. June 15, 2007.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.154, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 33 - Nutritional Assistance Programs › Subchapter A. Nutritional Assistance Programs in General › Section 33.0006. Operation of Snap

Sec. 33.0006.  OPERATION OF SNAP.  The commission operates the supplemental nutrition assistance program.
Added by Acts 2007, 80th Leg., R.S., Ch. 963 (H.B. 4062), Sec. 5, eff. June 15, 2007.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.154, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 33 - Nutritional Assistance Programs › Subchapter A. Nutritional Assistance Programs in General › Section 33.001. Distribution of Surplus Commodities

Sec. 33.001.  DISTRIBUTION OF SURPLUS COMMODITIES.  (a)  The department is the state agency designated to cooperate with the federal government in administering the distribution of federal surplus commodities and other resources.
(b)  The department may cooperate with a city or county in any manner necessary for the proper operation of this program.
Acts 1979, 66th Leg., p. 2353, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 33 - Nutritional Assistance Programs › Subchapter A. Nutritional Assistance Programs in General › Section 33.0021. Application Information

Sec. 33.0021.  APPLICATION INFORMATION.  (a)  The commission shall develop general informational materials that contain eligibility guidelines for supplemental nutrition assistance program benefits under this chapter and that clearly and simply explain the process for applying for benefits, as well as indicate the availability of expedited benefits, the existence of toll-free telephone hotlines, and the existence of a procedure in each region to handle complaints.  These informational materials shall be nonpromotional in nature.
(b)  The materials must contain a list of the specific items necessary to verify an application.
(c)  The commission shall distribute the materials to community action agencies, legal services offices, and emergency food programs and other programs likely to have contact with potential applicants.
Added by Acts 1985, 69th Leg., ch. 150, Sec. 5, eff. Aug. 26, 1985.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.156, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 33 - Nutritional Assistance Programs › Subchapter A. Nutritional Assistance Programs in General › Section 33.0023. Snap Information Matching System

Sec. 33.0023.  SNAP INFORMATION MATCHING SYSTEM.  (a)  To detect and prevent fraud in the supplemental nutrition assistance program, the commission, through the use of a computerized matching system, shall compare at least semiannually commission information relating to supplemental nutrition assistance program benefits transactions and redemptions by benefits recipients and retailers with information obtained from the comptroller and other appropriate state agencies relating to those recipients and retailers.
(b)  The commission, the comptroller, and the appropriate agencies shall take all necessary measures to protect the confidentiality of information provided under this section, in compliance with all existing state and federal privacy guidelines.
(c)  In this section, "retailer" means a business approved for participation in the supplemental nutrition assistance program.
Added by Acts 1997, 75th Leg., ch. 322, Sec. 3, eff. May 26, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.157, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 33 - Nutritional Assistance Programs › Subchapter A. Nutritional Assistance Programs in General › Section 33.0024. Disaster Snap

Sec. 33.0024.  DISASTER SNAP.  (a)  In this section, "program" means the program to provide supplemental nutrition assistance benefits to victims of a disaster as authorized by 7 U.S.C. Section 2014.
(b)  The commission shall:
(1)  in collaboration with local government officials:
(A)  create a directory of local points of contact for the operation of the program;
(B)  determine the best method for communication between the commission and local government officials regarding the program; and
(C)  evaluate, develop, and maintain a list of potential sites for in-person application for program benefits that meet federal requirements;
(2)  enter into memorandums of understanding with local government agencies documenting the roles and responsibilities of the commission and each local government agency regarding the determination of the need for and the location of sites for in-person application for program benefits; and
(3)  provide information regarding the program and strategies for effective collaboration between local governments and the commission to local government officials in coastal counties by hosting webinars, conducting conference calls, or holding in-person meetings.
Added by Acts 2019, 86th Leg., R.S., Ch. 1117 (H.B. 2335), Sec. 1, eff. June 14, 2019.
Added by Acts 2019, 86th Leg., R.S., Ch. 1341 (S.B. 981), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 33 - Nutritional Assistance Programs › Subchapter A. Nutritional Assistance Programs in General › Section 33.003. Distribution Districts; Agents

Sec. 33.003.  DISTRIBUTION DISTRICTS;  AGENTS.  (a)  The department may establish distribution districts and employ distributing agents or may make other arrangements necessary to provide for the efficient distribution of commodities.
(b)  A distributing agent must be bonded.  The department shall audit a distributing agent's records at least once annually and at any other time considered expedient by the department.
Acts 1979, 66th Leg., p. 2354, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.158, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 33 - Nutritional Assistance Programs › Subchapter A. Nutritional Assistance Programs in General › Section 33.004. Commodity Distribution Program Advisory Boards

Sec. 33.004.  COMMODITY DISTRIBUTION PROGRAM ADVISORY BOARDS.  (a)  The department may establish state or district-level advisory boards to facilitate the operations of the commodity distribution program.
(b)  The advisory boards shall be of the size, membership, and experience that the commissioner  determines to be essential for the accomplishment of the purposes of this chapter and not in conflict with or duplicative of other laws on this subject.
Acts 1979, 66th Leg., p. 2354, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 963 (H.B. 4062), Sec. 7, eff. June 15, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.159, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 33 - Nutritional Assistance Programs › Subchapter A. Nutritional Assistance Programs in General › Section 33.005. Processing Perishable Commodities

Sec. 33.005.  PROCESSING PERISHABLE COMMODITIES.  (a)  The department may enter into nonprofit contracts with state institutions or state or private agencies for the processing of perishable commodities to preserve them for subsequent distribution to eligible recipients.
(b)  The cost of processing shall be borne by each recipient on a pro rata basis in relation to the amount of the processed commodities received by each distribution district.
Acts 1979, 66th Leg., p. 2354, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 33 - Nutritional Assistance Programs › Subchapter A. Nutritional Assistance Programs in General › Section 33.006. Handling Charges

Sec. 33.006.  HANDLING CHARGES.  (a)  The department may assess reasonable handling charges against the recipients of commodities to cover the cost of distribution.  The total operation must be conducted on a nonprofit basis.
(b)  The department shall make the assessments at the times and in the amounts that it considers necessary for the proper administration of the commodity distribution program.  However, the assessments must be uniform in each distribution district and may not exceed $1 per recipient per year.
Acts 1979, 66th Leg., p. 2354, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.  Amended by Acts 1983, 68th Leg., p. 399, ch. 81, Sec. 18(a), eff. Sept. 1, 1983.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.160, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 33 - Nutritional Assistance Programs › Subchapter A. Nutritional Assistance Programs in General › Section 33.008. Sale of Used Commodity Containers

Sec. 33.008.  SALE OF USED COMMODITY CONTAINERS.  The department may sell used commodity containers.  Proceeds from the sales in each distribution district shall be deposited in the general revenue fund.
Acts 1979, 66th Leg., p. 2355, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.161, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 33 - Nutritional Assistance Programs › Subchapter A. Nutritional Assistance Programs in General › Section 33.011. Prohibited Activities; Penalties

Sec. 33.011.  PROHIBITED ACTIVITIES; PENALTIES.  (a)  A person commits an offense if the person knowingly uses, alters, or transfers a supplemental nutrition assistance program electronic benefit transfer card in any manner not authorized by law.  An offense under this subsection is a Class A misdemeanor if the value of the supplemental nutrition assistance program electronic benefit transfer card is less than $200 and a felony of the third degree if the value is $200 or more.
(b)  A person commits an offense if the person knowingly possesses a supplemental nutrition assistance program electronic benefit transfer card when not authorized by law to possess the card, knowingly redeems supplemental nutrition assistance program benefits when not authorized by law to redeem them, or knowingly redeems supplemental nutrition assistance program benefits for purposes not authorized by law.  An offense under this subsection is a Class A misdemeanor if the value of the supplemental nutrition assistance program electronic benefit transfer card possessed, or the program benefits redeemed, is less than $200 and a felony of the third degree if the value of the supplemental nutrition assistance program electronic benefit transfer card possessed, or the program benefits redeemed, is $200 or more.
(d)  When cash, exchange value, or supplemental nutrition assistance program electronic benefit transfer cards of various values are obtained in violation of this section pursuant to one scheme or continuing course of conduct, whether from the same or several sources, the conduct may be considered as one offense and the values aggregated in determining the grade of the offense.
(e)  The commission may contract with county commissioners courts to provide funds to pay for professional and support services necessary for the enforcement of any criminal offense that involves illegally obtaining, possessing, or misusing supplemental nutrition assistance program benefits.
(f)  For the purposes of Subsections (a) and (b), the value of a supplemental nutrition assistance program electronic benefit transfer card is the cash or exchange value obtained in violation of this section.
(g)  In this section, "supplemental nutrition assistance program benefits" includes  electronic benefit transfer (EBT) cards.
Acts 1979, 66th Leg., p. 2355, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979.  Amended by Acts 1979, 66th Leg., p. 2435, ch. 842, art. 2, Sec. 6, eff. Sept. 1, 1979;  Acts 1993, 73rd Leg., ch. 249, Secs. 1, 2, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 788, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.162, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 33 - Nutritional Assistance Programs › Subchapter A. Nutritional Assistance Programs in General › Section 33.012. Chemical Dependency Treatment Program as Representative

Sec. 33.012.  CHEMICAL DEPENDENCY TREATMENT PROGRAM AS REPRESENTATIVE.  The commission shall provide an individual's supplemental nutrition assistance program allotment to the residential chemical dependency treatment program in which the person resides to the extent allowed under Section 8(f), Food Stamp Act of 1977 (7 U.S.C. Section 2017(e)), if the individual designates the program as the individual's authorized representative.
Added by Acts 1997, 75th Leg., ch. 663, Sec. 2, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.163, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 33 - Nutritional Assistance Programs › Subchapter A. Nutritional Assistance Programs in General › Section 33.013. Information and Referral Services

Sec. 33.013.  INFORMATION AND REFERRAL SERVICES.  (a)  Each local supplemental nutrition assistance program benefits office shall compile and maintain a current list of emergency food providers in the area served by the local supplemental nutrition assistance program benefits  office and refer individuals who need food to local programs that may be able to provide assistance.
(b)  The commission shall establish regional or statewide toll-free telephone hotlines to provide emergency food information and to refer needy individuals to local programs that may be able to provide assistance.  The commission shall publish the telephone number for referrals in the emergency telephone numbers section of local telephone books.  The commission shall display this telephone number in all of its offices.
(c)  Where emergency food programs do not exist, the commission shall assist community groups in establishing emergency food assistance programs.
(d)  The commission may establish other local, regional, or statewide programs to provide emergency food information and referral services where needed and where none presently exist.
Added by Acts 1985, 69th Leg., ch. 150, Sec. 2, eff. Aug. 26, 1985.  Amended by Acts 1987, 70th Leg., ch. 1052, Sec. 7.02, eff. Sept. 1, 1987.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 963 (H.B. 4062), Sec. 8, eff. June 15, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.163, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 33 - Nutritional Assistance Programs › Subchapter A. Nutritional Assistance Programs in General › Section 33.015. Initial Establishment and Recertification of Eligibility for Certain Persons

Sec. 33.015.  INITIAL ESTABLISHMENT AND RECERTIFICATION OF ELIGIBILITY FOR CERTAIN PERSONS.  (a)  In administering the supplemental nutrition assistance program, the commission shall, except as provided by Subsection (c) and Section 33.019, allow a person to comply with initial eligibility requirements, including any initial interview, and with subsequent periodic eligibility recertification requirements by telephone instead of through a personal appearance at commission offices if:
(1)  the person and each member of the person's household:
(A)  have no earned income; and
(B)  are elderly or persons with disabilities; or
(2)  the person is subject to a hardship, as determined by commission rule.
(b)  For purposes of rules under Subsection (a)(2), a hardship includes a situation in which a person is prevented from personally appearing at commission offices because the person is:
(1)  subject to a work or training schedule;
(2)  subject to transportation difficulties;
(3)  subject to other difficulties arising from the person's residency in a rural area;
(4)  subject to prolonged severe weather;
(5)  ill; or
(6)  needed to care for a member of the person's household.
(c)  The commission may require a person described by Subsection (a) to personally appear at commission offices to establish initial eligibility or to comply with periodic eligibility recertification requirements if the commission considers a personal appearance necessary to:
(1)  protect the integrity of the supplemental nutrition assistance program; or
(2)  prevent an adverse determination regarding the person's eligibility that would be less likely to occur if the person made a personal appearance.
(d)  A person described by Subsection (a) may elect to personally appear at commission offices to establish initial eligibility or to comply with periodic eligibility recertification requirements.
(e)  The commission shall require a person exempted under this section from making a personal appearance at commission offices to provide verification of the person's entitlement to the exemption on initial eligibility certification and on each subsequent periodic eligibility recertification.  If the person does not provide verification and the commission considers the verification necessary to protect the integrity of the supplemental nutrition assistance program, the commission shall initiate a fraud referral to the commission's office of inspector general.
Added by Acts 2001, 77th Leg., ch. 93, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.163, eff. April 2, 2015.
Acts 2021, 87th Leg., R.S., Ch. 839 (S.B. 224), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 33 - Nutritional Assistance Programs › Subchapter A. Nutritional Assistance Programs in General › Section 33.018. Snap Eligibility Following Certain Criminal Convictions

Sec. 33.018.  SNAP ELIGIBILITY FOLLOWING CERTAIN CRIMINAL CONVICTIONS.  (a)  As authorized by 21 U.S.C. Section 862a(d)(1) and except as provided by this section, 21 U.S.C. Section 862a(a)(2) does not apply in determining the eligibility of any person for the supplemental nutrition assistance program.
(b)  21 U.S.C.  Section 862a(a)(2) applies in determining the eligibility for the supplemental nutrition assistance program of a person who has been convicted of, and released on parole or placed on community supervision for, any felony offense that has as an element the possession, use, or distribution of a controlled substance, as defined in 21 U.S.C. Section 802, if the person violates any condition of that parole or community supervision.  A person described by this subsection is ineligible for the supplemental nutrition assistance program only for a two-year period beginning on the date the person is found to have violated the condition of parole or community supervision, as authorized by 21 U.S.C. Section 862a(d)(1)(B).
(c)  A person convicted of an offense described by Subsection (b) who is receiving supplemental nutrition assistance program benefits and who is convicted of a subsequent felony offense, regardless of the elements of the offense, is ineligible for the supplemental nutrition assistance program.
Added by Acts 2015, 84th Leg., R.S., Ch. 837 (S.B. 200), Sec. 2.29, eff. September 1, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 33 - Nutritional Assistance Programs › Subchapter A. Nutritional Assistance Programs in General › Section 33.0181. Memorandum of Understanding Regarding Eligibility Determinations for Certain Inmates

Sec. 33.0181.  MEMORANDUM OF UNDERSTANDING REGARDING ELIGIBILITY DETERMINATIONS FOR CERTAIN INMATES.  (a)  In this section, "inmate" means an individual confined in a facility operated by or under contract with the Texas Department of Criminal Justice.
(b)  The commission and the Texas Department of Criminal Justice shall enter into a memorandum of understanding for the purpose of ensuring that an inmate who is likely to be eligible for supplemental nutrition assistance benefits on discharge or release on parole, mandatory supervision, or conditional pardon is assessed by the commission for eligibility for those benefits before the inmate's discharge or release.
(c)  The memorandum of understanding required by this section must:
(1)  establish a procedure through which the commission shall accept and process supplemental nutrition assistance program applications from inmates; and
(2)  define the roles and responsibilities of each agency under the memorandum.
(d)  The memorandum of understanding required by Subsection (b) must be tailored to achieve the goal of ensuring that an inmate described by Subsection (b) who is determined eligible by the commission for supplemental nutrition assistance program benefits may begin receiving services under the program at the time of the inmate's discharge or release on parole, mandatory supervision, or conditional pardon.
(e)  The executive commissioner shall adopt rules necessary to implement this section.
Added by Acts 2023, 88th Leg., R.S., Ch. 700 (H.B. 1743), Sec. 1, eff. June 12, 2023.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 33 - Nutritional Assistance Programs › Subchapter A. Nutritional Assistance Programs in General › Section 33.019. Simplified Certification and Recertification Requirements for Certain Snap Applicants and Recipients

Sec. 33.019.  SIMPLIFIED CERTIFICATION AND RECERTIFICATION REQUIREMENTS FOR CERTAIN SNAP APPLICANTS AND RECIPIENTS.  (a)  The commission shall develop and implement simplified certification and recertification requirements for supplemental nutrition assistance program benefits for an individual who:
(1)  is 60 years of age or older or is a person with a disability, as determined by commission rule;
(2)  has no earned income; and
(3)  resides in a household in which every individual residing in the household is 60 years of age or older or is a person with a disability, as determined by commission rule.
(b)  The simplified requirements must:
(1)  allow an individual described by this section to waive recertification interview requirements;
(2)  simplify and reduce the number of verification requirements for certifying and recertifying eligibility to receive benefits, which must include the use of a shortened application form; and
(3)  allow the individual to remain eligible for benefits for 36 months after certification and after each recertification.
(c)  An individual described by this section is required to:
(1)  submit to the commission a change reporting form every 12 months during the 36-month eligibility period; and
(2)  report to the commission, in accordance with federal law, when the individual receives an increase in income.
(d)  The commission shall, in a manner that complies with federal law, use data matching to inform eligible individuals described by this section who are receiving Medicaid benefits of their eligibility for supplemental nutrition assistance program benefits.
Added by Acts 2021, 87th Leg., R.S., Ch. 839 (S.B. 224), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 33 - Nutritional Assistance Programs › Subchapter A. Nutritional Assistance Programs in General › Section 33.021. Exclusion of Certain Resources in Determining Snap Eligibility

Sec. 33.021.  EXCLUSION OF CERTAIN RESOURCES IN DETERMINING SNAP ELIGIBILITY.  In determining the eligibility of an applicant for or recertifying the eligibility of a recipient of supplemental nutrition assistance program benefits, the commission may not consider as resources the value of a motor vehicle in which the applicant or recipient or a member of the applicant's or recipient's household has an ownership interest up to:
(1)  $22,500 for the first vehicle; and
(2)  $8,700 for each additional vehicle.
Added by Acts 2023, 88th Leg., R.S., Ch. 682 (H.B. 1287), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 33 - Nutritional Assistance Programs › Subchapter A. Nutritional Assistance Programs in General › Section 33.022. Application Assistance

Sec. 33.022.  APPLICATION ASSISTANCE.  (a)  On request of an applicant for supplemental nutrition assistance program benefits, the commission shall assist the applicant in filling out forms and completing the application process.
(b)  The commission shall inform each applicant of the availability of assistance.
Added by Acts 1985, 69th Leg., ch. 150, Sec. 6, eff. Aug. 26, 1985.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.163, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 33 - Nutritional Assistance Programs › Subchapter A. Nutritional Assistance Programs in General › Section 33.023. Information Verification

Sec. 33.023.  INFORMATION VERIFICATION.  (a)  The commission shall develop and implement for expedited issuance a uniform procedure for verifying information required of an applicant for supplemental nutrition assistance program benefits.
(b)  In developing the uniform procedure, the commission shall attempt to minimize the cost and complexity of the procedure to the applicant.
(c)  The commission shall not require an applicant for expedited service to verify more eligibility items than the minimum necessary to conform to the federal regulations and shall assist the applicant in obtaining materials needed to verify an application.  The commission shall not deny or delay determination of eligibility due to lack of verification of items that may be postponed if they cannot be verified within the timeframes prescribed by the federal regulations.
(d)  The commission shall post a notice in each of its offices indicating to whom an applicant for or client of the supplemental nutrition assistance program can talk to resolve problems or complaints.  This notice should indicate persons available to handle problems in local, regional, and state offices.  Notification of the existence of each office and complaint procedures shall be posted in each supplemental nutrition assistance program benefits office and in materials made available to applicants regarding the application process.
Added by Acts 1985, 69th Leg., ch. 150, Sec. 7, eff. Aug. 26, 1985.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.163, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 33 - Nutritional Assistance Programs › Subchapter A. Nutritional Assistance Programs in General › Section 33.0231. Verification of Identity and Prevention of Duplicate Participation in Snap

Sec. 33.0231.  VERIFICATION OF IDENTITY AND PREVENTION OF DUPLICATE PARTICIPATION IN SNAP.  The commission shall use appropriate technology to:
(1)  confirm the identity of applicants for benefits under the supplemental nutrition assistance program; and
(2)  prevent duplicate participation in the program by a person.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.04(b), eff. September 28, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.163, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 33 - Nutritional Assistance Programs › Subchapter A. Nutritional Assistance Programs in General › Section 33.025. Nutrition Education and Outreach for Those Eligible for Snap Benefits

Sec. 33.025.  NUTRITION EDUCATION AND OUTREACH FOR THOSE ELIGIBLE FOR SNAP BENEFITS.  (a)  The commission shall develop and implement a plan of operation to provide nutrition education and outreach to persons eligible for supplemental nutrition assistance program benefits.
(b)  The plan of operation for education and outreach shall:
(1)  ensure that low-income consumers are provided with informational materials that include but are not limited to information on:
(A)  food budgeting for low-income consumers;
(B)  purchasing and preparing low-cost nutritional meals;
(C)  basic nutrition and healthy foods;
(D)  the availability of supplemental nutrition assistance program benefits;
(E)  the eligibility requirements for supplemental nutrition assistance program benefits; and
(F)  the application procedures for receiving supplemental nutrition assistance program benefits;
(2)  identify a target population for the informational activities, which may include:
(A)  recipients of the Special Supplemental Nutrition Program for Women, Infants and Children;
(B)  families which have children who are eligible for the free or reduced-priced meals programs;
(C)  recipients of commodity surplus foods;
(D)  senior citizens attending nutrition sites and participating in nutritional activities;
(E)  clients of emergency food pantries;
(F)  farm workers or migrants; and
(G)  others who may benefit from the information including but not limited to senior citizens, persons with disabilities, and working poor families;
(3)  identify geographical areas, if any, which specifically will be targeted; and
(4)  ensure that all informational activities are multilingual and available in accessible alternative formats.
(c)  The commission shall submit the plan of operation to the Food and Nutrition Service of the United States Department of Agriculture for approval, making the commission eligible for reimbursement for 50 percent of the cost of the informational activities.
(d)  The commission shall cooperate with other state agencies that currently operate nutrition education programs.
(e)  The commission shall enlist the assistance of pro bono public relations firms where available.
Added by Acts 1993, 73rd Leg., ch. 328, Sec. 3, eff. Aug. 30, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.163, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 33 - Nutritional Assistance Programs › Subchapter A. Nutritional Assistance Programs in General › Section 33.026. Child and Adult Care Food Program: Required Notices and Advisory Committee Authority

Sec. 33.026.  CHILD AND ADULT CARE FOOD PROGRAM:  REQUIRED NOTICES AND ADVISORY COMMITTEE AUTHORITY.  (a)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 4.465(a)(48), eff. April 2, 2015.
(b)  The department shall provide written notice to each sponsoring organization of any modification or clarification of department rules or policies relating to the federal Child and Adult Care Food Program.  Notice provided through electronic mail is considered to be written notice for purposes of this subsection.
(c)  The department may, with respect to the federal Child and Adult Care Food Program:
(1)  conduct public hearings in accordance with department procedures;
(2)  refer issues relating to the program to the commissioner for discussion; and
(3)  recommend modifications to the department's training programs for sponsoring organizations and other persons participating in the program.
(d)  For purposes of this section and Sections 33.027 and 33.0271, "sponsoring organization" has the meaning assigned by 7 C.F.R. Section 226.2.
Added by Acts 1999, 76th Leg., ch. 719, Sec. 2, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 870 (S.B. 77), Sec. 2, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.164, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.465(a)(48), eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 33 - Nutritional Assistance Programs › Subchapter A. Nutritional Assistance Programs in General › Section 33.027. Child and Adult Care Food Program: Electronic Filing

Sec. 33.027.  CHILD AND ADULT CARE FOOD PROGRAM:  ELECTRONIC FILING.  (a)  In administering the federal Child and Adult Care Food Program, the department shall, unless prohibited by federal law, permit a sponsoring organization or other person participating in the program to submit applications and other required information to the department in an electronic format or through the use of electronically produced forms.
(b)  The department may implement Subsection (a) by developing necessary computer systems or by using computer systems developed or made available for that purpose by a sponsoring organization or other appropriate person.
Added by Acts 1999, 76th Leg., ch. 719, Sec. 3, eff. Jan. 1, 2001.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 33 - Nutritional Assistance Programs › Subchapter A. Nutritional Assistance Programs in General › Section 33.028. Grant Programs for Nutrition Education

Sec. 33.028.  GRANT PROGRAMS FOR NUTRITION EDUCATION.  (a)  The department shall develop a program under which the department awards grants to:
(1)  participants in the Child and Adult Care Food Program, the Head Start program, or other early childhood education programs to operate nutrition education programs for children who are at least three years of age but younger than five years of age; and
(2)  community and faith-based initiatives that provide recreational, social, volunteer, leadership, mentoring, or developmental programs to incorporate nutrition education into programs provided for children younger than 19 years of age.
(b)  The department may solicit and accept gifts, grants, and donations from any public or private source for the purposes of this section.
(c)  The department may adopt rules as necessary to administer the grant programs established under this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 728 (S.B. 282), Sec. 3, eff. June 19, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.166, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 33 - Nutritional Assistance Programs › Subchapter A. Nutritional Assistance Programs in General › Section 33.029. Certain Eligibility Restrictions

Sec. 33.029.  CERTAIN ELIGIBILITY RESTRICTIONS.  Notwithstanding any other provision of this chapter, an applicant for or recipient of benefits under the supplemental nutrition assistance program is not entitled to and may not receive or continue to receive any benefit under the program if the applicant or recipient is not legally present in the United States.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.21, eff. September 28, 2011.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 33 - Nutritional Assistance Programs › Subchapter A. Nutritional Assistance Programs in General › Section 33.0291. Exclusion of School-Based Accounts and Certain Bonds

Sec. 33.0291.  EXCLUSION OF SCHOOL-BASED ACCOUNTS AND CERTAIN BONDS.  (a)  For purposes of determining whether a person meets family income and resource requirements for eligibility for the supplemental nutrition assistance program, the commission may not consider as income or resources a right to assets held in or a right to receive payments or benefits under a school-based account or bond described by Section 28.0024(b)(2), Education Code.
(b)  The amount of exclusion under Subsection (a) of assets held in or the right to receive payments or benefits under a school-based account or bond described by Section 28.0024(b)(2)(C), (D), or (E), Education Code, is limited to the amount of the cost of undergraduate resident tuition and required fees for one academic year consisting of 30 semester credit hours charged by the general academic teaching institution with the highest such tuition and fee costs for the most recent academic year, as determined by the Texas Higher Education Coordinating Board under Section 54.753, Education Code.
Added by Acts 2015, 84th Leg., R.S., Ch. 1265 (H.B. 3987), Sec. 5, eff. June 20, 2015.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 33 - Nutritional Assistance Programs › Subchapter A. Nutritional Assistance Programs in General › Section 33.032. Peace Officers

Text of section effective until January 01, 2025
Sec. 33.032.  PEACE OFFICERS.  The commission's office of inspector general may employ and commission peace officers for the purpose of assisting the office in the investigation of fraud, waste, or abuse in the supplemental nutrition assistance program.  A peace officer employed and commissioned by the office is a peace officer for purposes of Article 2.12, Code of Criminal Procedure.
Added by Acts 2017, 85th Leg., R.S., Ch. 856 (H.B. 2523), Sec. 3, eff. June 15, 2017.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.128, eff. January 1, 2025.
2023 Texas Statutes › Human Resources Code › Title 2 - Human Services and Protective Services in General › Subtitle C - Assistance Programs › Chapter 33 - Nutritional Assistance Programs › Subchapter A. Nutritional Assistance Programs in General › Section 33.032. Peace Officers

Text of section effective on January 01, 2025
Sec. 33.032.  PEACE OFFICERS.  The commission's office of inspector general may employ and commission peace officers for the purpose of assisting the office in the investigation of fraud, waste, or abuse in the supplemental nutrition assistance program.  A peace officer employed and commissioned by the office is a peace officer for purposes of Article 2A.001, Code of Criminal Procedure.
Added by Acts 2017, 85th Leg., R.S., Ch. 856 (H.B. 2523), Sec. 3, eff. June 15, 2017.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.128, eff. January 1, 2025.