Bill Text: TX HB1287 | 2023-2024 | 88th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the exclusion of certain resources in determining eligibility for the supplemental nutrition assistance program.
Spectrum: Slight Partisan Bill (Democrat 13-6)
Status: (Passed) 2023-06-12 - Effective on 9/1/23 [HB1287 Detail]
Download: Texas-2023-HB1287-Engrossed.html
Bill Title: Relating to the exclusion of certain resources in determining eligibility for the supplemental nutrition assistance program.
Spectrum: Slight Partisan Bill (Democrat 13-6)
Status: (Passed) 2023-06-12 - Effective on 9/1/23 [HB1287 Detail]
Download: Texas-2023-HB1287-Engrossed.html
88R20099 SCP-D | ||
By: Guillen, Ortega, Flores, Hernandez, | H.B. No. 1287 | |
Plesa, et al. |
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relating to adjusting for inflation the maximum amount of a motor | ||
vehicle excluded in determining eligibility for the supplemental | ||
nutrition assistance program. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 33, Human Resources Code, | ||
is amended by adding Section 33.0215 to read as follows: | ||
Sec. 33.0215. INFLATION ADJUSTMENT OF MOTOR VEHICLE VALUE | ||
EXCLUDED IN DETERMINING SNAP ELIGIBILITY. (a) Not later than | ||
August 1 of each odd-numbered year, the executive commissioner | ||
shall: | ||
(1) determine, in the manner specified by Subsection | ||
(c), whether the maximum amount of the fair market value of a motor | ||
vehicle that may be excluded from the resources of an applicant's | ||
household for purposes of determining the applicant's eligibility | ||
for supplemental nutrition assistance program benefits, including | ||
eligibility determined in accordance with 7 C.F.R. Section | ||
273.2(j), should be adjusted for inflation; and | ||
(2) if the executive commissioner determines under | ||
Subdivision (1) that the maximum amount should be adjusted, submit | ||
to each member of the Legislative Budget Board a recommendation for | ||
the adjustment for the state fiscal biennium beginning September 1 | ||
of that odd-numbered year. | ||
(b) Not later than September 1 of the odd-numbered year in | ||
which the members of the Legislative Budget Board receive a | ||
recommendation under Subsection (a), the board shall approve or | ||
deny the recommendation and provide written notice to the executive | ||
commissioner of the approval or denial. The recommendation is | ||
considered approved if the board does not provide written notice of | ||
the approval or denial on or before September 1. If the board | ||
denies the recommendation, the maximum amount of the fair market | ||
value of a motor vehicle that may be excluded from an applicant's | ||
household resources remains the same as the amount excluded during | ||
the preceding state fiscal biennium. | ||
(c) If the Legislative Budget Board approves a | ||
recommendation for an adjustment under Subsection (b), the | ||
commission shall, not later than October 1 of the odd-numbered year | ||
for which the recommendation was made, increase or decrease for | ||
that state fiscal biennium beginning September 1 of that year the | ||
maximum amount of the fair market value of a motor vehicle described | ||
by Subsection (a) that may be excluded from an applicant's | ||
household resources to reflect the percentage difference between: | ||
(1) the average index level set by the Bureau of Labor | ||
Statistics; and | ||
(2) the new vehicles index of the Consumer Price Index | ||
for All Urban Consumers published by the Bureau of Labor Statistics | ||
or its successor index during the most recent 12-month period | ||
ending in June. | ||
(d) In calculating the maximum amount of the fair market | ||
value of a motor vehicle described by Subsection (a) that may be | ||
excluded from an applicant's household resources and | ||
notwithstanding Subsection (c), the commission shall ensure that | ||
the maximum excluded amounts of the first household vehicle and | ||
each additional household vehicle remain proportionate to each | ||
other in the same proportion as the excluded amounts for those | ||
vehicles in effect on August 31, 2021. | ||
(e) Notwithstanding Subsection (a), the executive | ||
commissioner is not required to make a determination or | ||
recommendation under that subsection until August 1, 2025, for the | ||
state fiscal biennium beginning September 1, 2025. | ||
(f) Notwithstanding this section, not later than October 1, | ||
2023, and for the state fiscal biennium beginning September 1, | ||
2023, the commission shall adjust for inflation in the manner | ||
specified by Subsection (c) the maximum amount of the fair market | ||
value of a motor vehicle that may be excluded from the resources of | ||
an applicant's household for purposes of determining the | ||
applicant's eligibility for supplemental nutrition assistance | ||
program benefits, including eligibility determined in accordance | ||
with 7 C.F.R. Section 273.2(j). In calculating the maximum amount | ||
under this subsection, the commission shall comply with Subsection | ||
(d). | ||
(g) This subsection and Subsections (e) and (f) expire | ||
September 1, 2025. | ||
SECTION 2. The change in law made by this Act applies to an | ||
initial determination or recertification of eligibility of a person | ||
for the supplemental nutrition assistance program under Chapter 33, | ||
Human Resources Code, that is made on or after the effective date of | ||
this Act. | ||
SECTION 3. If before implementing any provision of this Act | ||
a state agency determines that a waiver or authorization from a | ||
federal agency is necessary for implementation of that provision, | ||
the agency affected by the provision shall request the waiver or | ||
authorization and may delay implementing that provision until the | ||
waiver or authorization is granted. | ||
SECTION 4. This Act takes effect September 1, 2023. |