HB5461 - Relating to eligibility for supplemental nutrition assistance program benefits following certain parental truancy convictions.

  89R16853 AND-D     By: Kerwin H.B. No. 5461       A BILL TO BE ENTITLED   AN ACT   relating to eligibility for supplemental nutrition assistance   program benefits following certain parental truancy convictions.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 25.093, Education Code, is amended by   adding Subsection (h-1) to read as follows:           (h-1)     If the defendant is a recipient of supplemental   nutrition assistance program benefits, the court in which a   conviction, deferred adjudication, or deferred disposition for an   offense under Subsection (a) occurs shall provide the defendant a   written warning that advises the defendant of the collateral   consequences under Section 33.018(d), Human Resources Code, that   are associated with a second or subsequent conviction under   Subsection (a).   The executive commissioner of the Health and Human   Services Commission shall prescribe the form and contents of the   written warning required under this subsection.          SECTION 2.  Section 33.018, Human Resources Code, is amended   by adding Subsection (d) to read as follows:           (d)     Notwithstanding any other law, if a person who is   receiving supplemental nutrition assistance program benefits is   convicted of an offense under Section 25.093(a), Education Code,   the person's supplemental nutrition assistance program benefits   shall be reduced in the following manner:                 (1)     if the person is convicted two times of an offense   under Section 25.093(a), Education Code, the person is eligible to   receive a monthly benefit allotment equal to only 75 percent of the   monthly benefit allotment the person was determined eligible for   under the supplemental nutrition assistance program;                 (2)     if the person is convicted three times of an   offense under Section 25.093(a), Education Code, the person is   eligible to receive a monthly benefit equal to only 50 percent of   the monthly benefit allotment the person was determined eligible   for under the supplemental nutrition assistance program; and                 (3)     if the person is convicted four or more times of an   offense under Section 25.093(a), Education Code, the person is   ineligible for the supplemental nutrition assistance program.          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.  The changes in law made by this Act apply only to   an offense committed on or after the effective date of this Act.  An   offense committed before the effective date of this Act is governed   by the law in effect on the date the offense was committed, and the   former law is continued in effect for that purpose.  For purposes of   this section, an offense was committed before the effective date of   this Act if any element of the offense occurred before that date.          SECTION 5.  This Act takes effect September 1, 2025.