40 TAC §3.4007
The Texas Department of Human Services (DHS) proposes to
amend §3.4007, concerning benefit conversion, in its Income Assistance
Services chapter. The purpose of the amendment is to allow benefits to be
issued in various ways in the event the Electronic Benefit Transfer (EBT)
System is unavailable for more than three days due to a natural disaster,
emergency, or major crisis of the EBT System.
Eric M. Bost, commissioner, has determined that for the first five- year
period the proposed section will be in effect, the exact fiscal impact cannot
be determined because of the nature of natural disasters. It is impossible
to predict the location or the extent of the natural disaster's impact on
EBT operations. The cost to state or local governments as a result of enforcing
or administering the section is directly related to these factors.
Mr. Bost also has determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of enforcing
the section is that benefits can still be used in retail stores even if the
EBT System is unavailable. It is not anticipated that this change will affect
small businesses because clients will receive the same amount of benefits
during a disaster as they normally would receive and have available to spend.
There is no anticipated economic cost to persons who are required to comply
with the proposed section.
Questions about the content of this proposal may be directed to Mary Haifley
at (512) 438-2599 in DHS's Client Self-Support Services Department. Written
comments on the proposal may be submitted to Supervisor, Rules and Handbooks
Unit-073, Texas Department of Human Services E-205, P.O. Box 149030, Austin,
Texas 78714-9030, within 30 days of publication in the
Texas Register
.
The amendments are proposed under the Human Resources Code, Title
2, Chapters 22 and 31, which provides the department with the authority to
administer public and financial assistance programs.
The amendments implement the Human Resources Code, §§22.001-
22.030 and §§31.001-31.0325.
§3.4007.Benefit Conversion.
(a)
(No change.)
(b)
When
a Temporary Assistance for Needy Families (TANF)
[
an Aid to Families with Dependent Children (AFDC)
] recipient
moves out of the EBT area(s), he may use the EBT card to remove cash from
the cash account anytime after a month's benefit becomes available. The
TANF
[
AFDC
] recipient is responsible for taking this action
when leaving the EBT area.
(c)
DHS does not convert available
TANF
[
AFDC
] benefits in an EBT account to a warrant if the recipient leaves the
EBT area without using all the
TANF
[
AFDC
] benefits
in the EBT account which are available when the recipient leaves. If an eligible
recipient moves out of the EBT area before a particular month's
TANF
[
AFDC
] benefit is available, upon the recipient's request
DHS converts that benefit to a warrant.
(d)
If EBT benefits become unavailable for
more than three days due to a natural disaster or other major emergency or
crisis, DHS may offer cardholders an alternative method of issuance of benefits
determined feasible and cost effective. Such methods may include, but not
be limited to, cashing out EBT benefits via money orders obtained at DHS-specified
locations; state warrants either mailed or obtained at DHS-specified locations;
direct mail issuance of food coupons to recipients; over-the-counter food
stamp issuance in specified counties/locations; or some other method not yet
available or feasible.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
December 17,1998.
TRD-9818419
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: January 31, 1999
For further information, please call: (512) 438-3765