HUMAN RESOURCES CODE
CHAPTER 33. NUTRITIONAL ASSISTANCE PROGRAMS
§ 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, § 1, eff. Sept. 1,
1979.
§ 33.002. DISTRIBUTION OF COMMODITIES AND FOOD
STAMPS. (a) The department is responsible for the distribution
of commodities and food stamps allocated to the department by the
federal government.
(b) The department may enter into agreements with federal
agencies that are required as a prerequisite to the allocation of
the commodities or food stamps. The department may enter into
agreements with eleemosynary institutions, schools, and other
eligible agencies and recipients of the commodities and food
stamps.
(c) The department shall establish policies and rules that
will ensure the widest and most efficient distribution of the
commodities and food stamps to those eligible to receive them.
(d) The department shall continually monitor the expedited
issuance of food stamp benefits to ensure that each region in the
state complies with federal regulations and that those households
eligible for expedited issuance are identified, processed, and
certified within the timeframes prescribed within the federal
regulations. As soon as practicable after the end of each fiscal
year, the department shall report to the Governor's Office of
Budget and Planning, the Legislative Budget Board, the state
auditor, and the department's board members regarding its
monitoring of expedited issuance and the degree of compliance with
federal regulations on a region-by-region basis. The department
shall notify members of the legislature and the standing committees
of the senate and house of representatives having primary
jurisdiction over the department of the filing of the report.
(e) The Texas Department of Human Services shall screen all
applicants for expedited issuance on a priority basis within one
working day. Applicants who meet the federal criteria for
expedited issuance and have an immediate need for food assistance
shall receive either a manual Authorization-to-Purchase card or the
immediate issuance of food stamp coupons within one working day.
(f) The department shall conspicuously post in each local
food stamp office a notice of the availability of and procedure for
applying for expedited issuance.
(g) The department may, within federal limits, modify the
one-day screening and service delivery requirements prescribed by
Subsection (e) if the department determines that the modification
is necessary to reduce fraud in the food stamp program.
Acts 1979, 66th Leg., p. 2354, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1985, 69th Leg., ch. 150, § 4, eff. Aug.
26, 1985; Acts 1987, 70th Leg., ch. 1052, § 7.01, eff. Sept. 1,
1987; Acts 1995, 74th Leg., ch. 655, § 8.09, eff. Sept. 1, 1995;
Acts 1995, 74th Leg., ch. 693, § 2, eff. Sept. 1, 1995.
§ 33.0021. APPLICATION INFORMATION. (a) The
department shall develop general informational materials that
contain eligibility guidelines for benefits under this chapter and
that clearly and simply explain the process for applying for
benefits, as well as indicate the availability of expedited food
stamps, 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 department 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, § 5, eff. Aug. 26, 1985.
§ 33.0022. FRAUD PREVENTION IN FOOD STAMP
PROGRAM. (a) The electronic benefits transfer (EBT) system
operator and installer shall report to the department and the
United States Department of Agriculture suspicious activity
relating to a retailer's participation in the food stamp program,
including:
(1) a noticeable absence of staple food products;
(2) a low supply of staple food products in relation to
other items in the retailer's inventory; or
(3) improper food stamp redemption.
(b) The department shall compare a retailer's food stamp
sales volume with the retailer's total food sales to determine
whether the retailer is eligible to receive free point-of-sale
terminals.
(c) At least once each fiscal quarter, the department shall
provide any information reported under Subsection (a) to the Public
Assistance Fraud Oversight Task Force.
(d) In this section, "retailer" means a business approved
for participation in the food stamp program.
Added by Acts 1997, 75th Leg., ch. 322, § 3, eff. May 26, 1997.
§ 33.0023. FOOD STAMP INFORMATION MATCHING
SYSTEM. (a) To detect and prevent fraud in the food stamp
program, the department, through the use of a computerized matching
system, shall compare at least semiannually department information
relating to food stamp transactions and redemptions by recipients
of food stamps and retailers with information obtained from the
comptroller and other appropriate state agencies relating to those
recipients and retailers.
(b) The department, 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 food stamp program.
Added by Acts 1997, 75th Leg., ch. 322, § 3, eff. May 26, 1997.
§ 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 and food
stamps.
(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, § 1, eff. Sept. 1,
1979.
§ 33.004. ADVISORY BOARDS. (a) The department may
establish state or district-level advisory boards to facilitate the
operations of the commodity distribution or food stamp programs.
(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, § 1, eff. Sept. 1,
1979.
§ 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, § 1, eff. Sept. 1,
1979.
§ 33.006. HANDLING CHARGES. (a) The department may
assess reasonable handling charges against the recipients of
commodities or food stamps 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 programs. 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, § 1, eff. Sept. 1,
1979. Amended by Acts 1983, 68th Leg., p. 399, ch. 81, § 18(a),
eff. Sept. 1, 1983.
§ 33.007. COMMODITY DISTRIBUTION FUND. (a) Funds
received from assessments for handling charges pursuant to Section
33.006 of this code shall be paid to the department and deposited in
a separate account in the state treasury subject to withdrawal on
authorization of the commissioner.
(b) The funds may be used only for necessary expenses
incurred in operating the commodity distribution and food stamp
programs, and their use is subject to the rules of the department,
the provisions of this chapter, and the provisions of the general
appropriation acts of the legislature.
(c) If the commodity distribution program or food stamp
program is terminated, funds remaining in the account after all due
and just accounts have been paid shall be refunded to the
contributors on a pro rata basis.
Acts 1979, 66th Leg., p. 2354, ch. 842, art. 1, § 1, eff. Sept. 1,
1979.
§ 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
commodity distribution fund and used for the commodity distribution
program.
Acts 1979, 66th Leg., p. 2355, ch. 842, art. 1, § 1, eff. Sept. 1,
1979.
§ 33.010. SALE OF EQUIPMENT AND PROPERTY. If the
commodity distribution and/or food stamp programs are terminated,
equipment and property purchased with funds from the commodity
distribution fund shall be sold by competitive bids. The proceeds
from the sales shall be deposited in the commodity distribution
fund in each district and distributed in the manner specified by
Section 33.009 of this code.
Acts 1979, 66th Leg., p. 2355, ch. 842, art. 1, § 1, eff. Sept. 1,
1979.
§ 33.011. PROHIBITED ACTIVITIES; PENALTIES. (a) A
person commits an offense if the person knowingly uses, alters, or
transfers food stamp benefit permits in any manner not authorized
by law. An offense under this subsection is a Class A misdemeanor
if the value of the food stamp benefit permits is less than $200 and
a felony of the third degree if the value of the food stamp benefit
permits is $200 or more.
(b) A person commits an offense if the person knowingly
possesses food stamp benefit permits when not authorized by law to
possess them, knowingly redeems food stamp benefit permits when not
authorized by law to redeem them, or knowingly redeems food stamp
benefit permits for purposes not authorized by law. An offense
under this subsection is a Class A misdemeanor if the value of the
food stamp benefit permits is less than $200 and a felony of the
third degree if the value of the food stamp benefit permits is $200
or more.
(c) A person commits an offense if the person knowingly
possesses blank authorizations to participate in the food stamp
program when not authorized by law to possess them. An offense
under this subsection is a felony of the third degree.
(d) When cash, exchange value, or food stamp benefit permits
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 department 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 food stamps.
(f) For the purposes of Subsections (a) and (b), the value
of food stamp benefit permits is the cash or exchange value obtained
in violation of this section.
(g) In this section, "food stamp benefit permits" includes:
(1) food stamp coupons;
(2) electronic benefit transfer (EBT) cards; and
(3) authorizations to participate in the food stamp
program.
Acts 1979, 66th Leg., p. 2355, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1979, 66th Leg., p. 2435, ch. 842, art. 2,
§ 6, eff. Sept. 1, 1979; Acts 1993, 73rd Leg., ch. 249, § 1,
2, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 788, § 1, eff.
Sept. 1, 1997.
§ 33.012. CHEMICAL DEPENDENCY TREATMENT PROGRAM AS
REPRESENTATIVE. The department shall provide an individual's food
stamp 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, § 2, eff. Sept. 1, 1997.
§ 33.013. INFORMATION AND REFERRAL SERVICES. (a) Each
local food stamp office shall compile and maintain a current list of
emergency food providers in the area served by the local food stamp
office and refer individuals who need food to local programs that
may be able to provide assistance.
(b) The department 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 department shall publish the telephone
number for referrals in the emergency telephone numbers section of
local telephone books. The department shall display this telephone
number in all of its offices.
(c) Where emergency food programs do not exist, the Texas
Department of Human Services office shall assist community groups
in establishing emergency food assistance programs.
(d) The department 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, § 2, eff. Aug. 26, 1985.
Amended by Acts 1987, 70th Leg., ch. 1052, § 7.02, eff. Sept. 1,
1987.
§ 33.015. INITIAL ESTABLISHMENT AND RECERTIFICATION OF
ELIGIBILITY FOR CERTAIN PERSONS. (a) In administering the food
stamp program, the department shall, except as provided by
Subsection (c), 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 department offices if:
(1) the person and each member of the person's
household have no earned income and are elderly or disabled; or
(2) the person is subject to a hardship, as determined
by the department.
(b) For purposes of Subsection (a)(2), a hardship includes a
situation in which a person is prevented from personally appearing
at department 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 department may require a person described by
Subsection (a) to personally appear at department offices to
establish initial eligibility or to comply with periodic
eligibility recertification requirements if the department
considers a personal appearance necessary to:
(1) protect the integrity of the food stamp 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 department offices to establish initial
eligibility or to comply with periodic eligibility recertification
requirements.
(e) The department shall require a person exempted under
this section from making a personal appearance at department
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 department considers the
verification necessary to protect the integrity of the food stamp
program, the department shall initiate a fraud referral to the
department's office of inspector general.
Added by Acts 2001, 77th Leg., ch. 93, § 1, eff. Sept. 1, 2001.
§ 33.022. APPLICATION ASSISTANCE. (a) On request of
an applicant, the department shall assist the applicant in filling
out forms and completing the application process.
(b) The department shall inform each applicant of the
availability of assistance.
Added by Acts 1985, 69th Leg., ch. 150, § 6, eff. Aug. 26, 1985.
§ 33.023. INFORMATION VERIFICATION. (a) The
department shall develop and implement for expedited issuance a
uniform procedure for verifying information required of an
applicant.
(b) In developing the uniform procedure, the department
shall attempt to minimize the cost and complexity of the procedure
to the applicant.
(c) The department shall not require applicants 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 department 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 department shall post a notice in each of its
offices indicating to whom an applicant or client 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 food stamp office and
in materials made available to applicants regarding the application
process.
Added by Acts 1985, 69th Leg., ch. 150, § 7, eff. Aug. 26, 1985.
§ 33.024. SUMMER FOOD SERVICE PROGRAM. (a) In this
section:
(1) "Agency" means the Texas Education Agency.
(2) "Field office" means a field office of a special
nutrition program administered by the department.
(3) "Summer program" means the Summer Food Service
Program.
(b) The department and the agency shall develop a plan to
ensure that by June 15, 1997, children residing in school districts
in which 60 percent or more children are eligible for free or
reduced-price meals will have access to the summer program. The
plan shall provide a time line for implementation effective the
summer of 1994 through June 15, 1997. The department and the agency
shall each designate a person on their respective administrative
staffs who shall be charged with coordinating activities pursuant
to this requirement.
(c) The agency shall provide to the department, in October
following each school year, a listing of those school districts
which had at least:
(1) 90 percent of children in the district eligible
for free or reduced-price meals during the 1992-1993 school year;
(2) 80 percent of children in the district eligible
for free or reduced-price meals during the 1993-1994 school year;
(3) 70 percent of children in the district eligible
for free or reduced-price meals during the 1994-1995 school year;
and
(4) 60 percent of children in the district eligible
for free or reduced-price meals during 1995-1996 school year and
each school year thereafter.
(d) By November 30 of each year, the department and the
agency shall jointly notify the following of their joint
responsibility to provide or arrange for the provision of a summer
program the following summer:
(1) each listed school district that does not have a
summer program sponsor in the district; and
(2) nutrition program field offices.
(e) School district facilities shall be utilized for the
summer program unless:
(1) the district provides documentation, verified by
the department and the agency, showing that the cost to the district
exceeds the funds available for the summer program; or
(2) the Department of Human Services verifies that the
program will operate at adequate alternative facilities.
(f) Each notified school district shall respond to the
department and the agency no later than January 31 of the following
year and either indicate its intent to operate a summer program in
the following summer or request a waiver of the requirement to
operate a summer program, as provided by Subsection (g).
(g) A waiver under Subsection (f) may be granted by the
department and the agency, to a school district if:
(1) the district demonstrates to the department and
the agency that:
(A) there are fewer than 100 children in the
district currently eligible for free or reduced-price meals;
(B) transportation remains an insurmountable
obstacle despite consultation by the district with public transit
providers;
(C) the district is unable to operate a summer
program due to renovation or construction within the district and
an appropriate alternative provider or site is not available; or
(D) the district is unable to operate a summer
program due to other extenuating circumstances and an appropriate
alternative provider or site is not available; and
(2) the district works with the field offices to
identify other persons and agencies in the district who were
contacted as potential providers or sites for the summer program.
(h) If the school district has requested a waiver under
Subsection (f) and has been unable to provide a list of possible
sponsors to the department, the field offices shall continue
efforts to locate an alternative sponsor for the summer program.
(i) The department, in consultation with the agency, shall
publish rules and procedures for obtaining a waiver under
Subsection (f). A waiver shall be for a one-year period.
(j) Not later than November 1 of each even-numbered year,
the department and the agency shall provide to the Governor's
Office of Budget and Planning, the Legislative Budget Board, and
the state auditor a report that includes a listing of school
districts identified as described in Subsection (c) that have
become sponsors of a summer program. The report must also include a
listing of identified school districts that failed to satisfy the
requirements of this section. The report must also include the
costs, above federal funds, incurred by the school districts and
the state in order to comply with this section. The department
shall notify members of the legislature and the standing committees
of the senate and house of representatives having primary
jurisdiction over the department of the filing of the report.
(k) The department shall develop and implement an outreach
program to increase participation in the summer program if funds
are appropriated or otherwise made available for that purpose. The
department shall design the outreach program to:
(1) increase participation of children from
low-income families;
(2) increase the number of summer programs offered
across this state, with particular emphasis on increasing programs
in needy communities;
(3) encourage school districts and public and private
nonprofit agencies to form partnerships to develop summer programs
that combine educational activities, such as reading enrichment,
with the provision of meals; and
(4) promote any other goal established by the
department relating to increased participation in the summer
program.
(l) The outreach program required by Subsection (k) must
target communities and schools that have the highest percentage of
eligible children and include:
(1) presentations to public schools, public entities,
and private nonprofit agencies that would be eligible to
participate in the summer program;
(2) dissemination of information regarding
eligibility requirements and application procedures;
(3) continual support and technical assistance to
existing programs to increase participation levels and to ensure
that the programs continue to operate; and
(4) public service announcements that publicize the
summer program and that appear on local television and radio
stations.
(m) The department shall administer a grant program
designed to encourage eligible organizations to serve as local
sponsors or meal preparation sites for the summer program by
awarding a financial supplement for each meal served from funds
appropriated or otherwise made available for that purpose.
Added by Acts 1993, 73rd Leg., ch. 328, § 2, eff. Aug. 30, 1993.
Amended by Acts 1995, 74th Leg., ch. 693, § 3, eff. Sept. 1,
1995; Acts 1997, 75th Leg., ch. 165, § 6.55, eff. Sept. 1, 1997;
Acts 1999, 76th Leg., ch. 719, § 1, eff. Sept. 1, 1999.
§ 33.025. NUTRITION EDUCATION AND OUTREACH FOR THOSE
ELIGIBLE FOR FOOD STAMPS. (a) The department shall develop and
implement a plan of operation to provide nutrition education and
outreach to persons eligible for food stamps.
(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 food stamps;
(E) the eligibility requirements for food
stamps; and
(F) the application procedures for receiving
food stamps;
(2) identify a target population for the informational
activities, which may include:
(A) recipients of the Supplemental Food 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 department shall submit the plan of operation to the
Food and Nutrition Service of the United States Department of
Agriculture for approval, making the department eligible for
reimbursement for 50 percent of the cost of the informational
activities.
(d) The department shall cooperate with other state
agencies that currently operate nutrition education programs.
(e) The department shall enlist the assistance of pro bono
public relations firms where available.
Added by Acts 1993, 73rd Leg., ch. 328, § 3, eff. Aug. 30, 1993.
§ 33.026. CHILD AND ADULT CARE FOOD PROGRAM: REQUIRED
NOTICES AND ADVISORY COMMITTEE AUTHORITY. (a) Before adopting or
changing a department rule or policy relating to the federal Child
and Adult Care Food Program, the department shall submit the
proposed action to the department's advisory committee on that
program for comment, unless immediate action is required by federal
law. If immediate action is required by federal law, the department
shall submit the action for comment at the earliest possible date.
(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's advisory committee on the federal
Child and Adult Care Food Program may:
(1) conduct public hearings in accordance with
department procedures;
(2) refer issues relating to the program to the board
for discussion; and
(3) recommend modifications to the department's
training programs for sponsoring organizations and other persons
participating in the program.
Added by Acts 1999, 76th Leg., ch. 719, § 2, eff. Sept. 1, 1999.
§ 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, § 3, eff. Jan. 1, 2001.
