Texas Register, Volume 38, Number 4, Pages 331-442, January 25, 2013 Page: 368
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Steve Aragon
Chief Counsel
Texas Health and Human Services Commission
Effective date: February 3, 2013
Proposal publication date: October 26, 2012
For further information, please call: (512) 424-6900
CHAPTER 372. TEMPORARY ASSISTANCE
FOR NEEDY FAMILIES AND SUPPLEMENTAL
NUTRITION ASSISTANCE PROGRAMS
The Texas Health and Human Services Commission (HHSC)
adopts the amendments to 372.904, concerning application
processing time frame; 372.1155, concerning consequence
for noncooperation with Personal Responsibility Agreement
requirements; and 372.1351, concerning Supplemental Nu-
trition Assistance Program (SNAP) work requirements. The
amendments are adopted without changes to the proposed
text as published in the October 26, 2012, issue of the Texas
Register (37 TexReg 8381) and will not be republished.
Background and Justification
The amendments are adopted in response to a clarification from
the United States Department of Agriculture, Food and Nutrition
Service (FNS) regarding Title 7, Code of Federal Regulations
273.7(f)(7). Section 273.7(f)(7) provides that if a person re-
ceiving SNAP food benefits is also receiving either Temporary
Assistance for Needy Families (TANF) or Unemployment Insur-
ance cash benefits, then the person must cooperate with the
work requirements of the TANF or Unemployment Insurance pro-
grams. If the person fails to cooperate with those work require-
ments, the person is considered also to have failed to cooperate
with SNAP work requirements, unless the person is exempt from
SNAP work requirements.
HHSC's previous rules and policy did not impose a sanction
on SNAP food benefits for failing to cooperate with TANF or
Unemployment Insurance work requirements. Therefore, the
amendments are adopted to comply with federal regulations.
The amendment to 372.1155 provides that if a person fails or
refuses to cooperate with a TANF personal responsibility agree-
ment work requirement, the person's SNAP benefits will be sub-
ject to consequences for noncompliance with SNAP work re-
quirements, unless the person is exempt from SNAP work re-
quirements. The amendment to 372.1351 requires a person re-
ceiving SNAP benefits to participate in TANF or Unemployment
Insurance work activities, as applicable, if the person also re-
ceives TANF or unemployment insurance benefits. The amend-
ment to 372.904 is a conforming revision to update a cross-
reference to 372.1155 affected by the adopted amendment to
372.1155.
Comments
HHSC received no comments regarding adoption of the amend-
ments, including at a public hearing in Austin on November 9,
2012.
SUBCHAPTER D. APPLICATION PROCESS
DIVISION 1. APPLICATION
1 TAC 372.904
Legal AuthorityThe amendment is adopted under Texas Government Code,
531.0055, which provides the Executive Commissioner of
HHSC with rulemaking authority; Texas Human Resources
Code, 31.001, which authorizes HHSC to administer financial
assistance programs (TANF); and Texas Human Resources
Code, 33.0006, which authorizes HHSC to operate the food
stamp program (SNAP).
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of the Secretary of State on January 14,
2013.
TRD-201300067
Steve Aragon
Chief Counsel
Texas Health and Human Services Commission
Effective date: February 3, 2013
Proposal publication date: October 26, 2012
For further information, please call: (512) 424-6900
SUBCHAPTER E. PARTICIPATION
REQUIREMENTS
DIVISION 2. THE TANF PERSONAL
RESPONSIBILITY AGREEMENT (PRA)
1 TAC 372.1155
The amendment is adopted under Texas Government Code,
531.0055, which provides the Executive Commissioner of
HHSC with rulemaking authority; and Texas Human Resources
Code, 31.001, which authorizes HHSC to administer financial
assistance programs (TANF).
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of the Secretary of State on January 14,
2013.
TRD-201300068
Steve Aragon
Chief Counsel
Texas Health and Human Services Commission
Effective date: February 3, 2013
Proposal publication date: October 26, 2012
For further information, please call: (512) 424-6900
DIVISION 6. WORK
1 TAC 372.1351
The amendment is adopted under Texas Government Code,
531.0055, which provides the Executive Commissioner of
HHSC with rulemaking authority; and Texas Human Resources
Code, 33.0006, which authorizes HHSC to operate the food
stamp program (SNAP).38 TexReg 368 January 25, 2013 Texas Register
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Texas. Secretary of State. Texas Register, Volume 38, Number 4, Pages 331-442, January 25, 2013, periodical, January 25, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth290819/m1/36/: accessed April 19, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.