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

89(R) HB 5461 - Introduced version - Bill Text

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.