Only TDA and USDA can establish eligibility criteria. CEs shall only determine eligibility based on paragraphs (1) through (4) of this subsection.
  (1) Household eligibility. CEs must determine household eligibility at least annually based on eligibility criteria.
    (A) Income. Except as otherwise specified, the applicant household's gross yearly or monthly income (before deductions) in relation to household size must not exceed 185% of the federal poverty guidelines.
    (B) Crisis food assistance. An applicant household whose income exceeds 185% of the federal poverty guidelines and that has incurred the costs of a household crisis may be eligible for crisis food assistance.
    (C) Categorical eligibility. An applicant household is automatically (categorically) eligible for USDA Foods if it currently receives assistance from one of the following programs: Supplemental Nutrition Assistance Program (SNAP), Temporary Assistance for Needy Families (TANF), Supplemental Security Income (SSI), or non-institutional Medicaid benefits.
  (2) Residency for Households.At the time of application, households are required to reside within the service area, but not for any specific length of time.
    (A) CEs and sub-agencies may ask for, but must not require, participants to provide proof of residency. CEs and sub-agencies must provide USDA Foods to all participants even if they cannot or will not provide proof of residency. CEs and sub-agencies must clarify the following points to applicants and participants:
      (i) The inability or unwillingness to provide proof of residency is not a barrier to participation.
      (ii) Participants will receive USDA Foods without proof of residency.
    (B) A CE may make exceptions for the service area.
  (3) Identity for Households.
    (A) CEs and sub-agencies may request but must not require any applicant or participant to provide proof of ID.
    (B) CEs and sub-agencies must provide USDA Foods to all participants even if they cannot or will not provide ID. CEs and sub-agencies are required to ensure that applicants and participants understand the following:
      (i) The inability or unwillingness to provide proof of ID shall not prevent participation.
      (ii) Participants will receive USDA Foods, regardless of failure to provide proof of ID.
  (4) Citizenship. There are no citizenship requirements. CEs and sub-agencies must not require any applicant or participant to prove citizenship through any means whatsoever.

Source Note: The provisions of this §26.106 adopted to be effective April 15, 2019, 44 TexReg 1839