Bill Text: TX HB3463 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to a photo identification requirement to use certain state benefits.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2015-04-13 - No action taken in committee [HB3463 Detail]
Download: Texas-2015-HB3463-Introduced.html
| 84R10258 ADM-F | ||
| By: Springer | H.B. No. 3463 | |
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| relating to a photo identification requirement to use certain state | ||
| benefits. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter B, Chapter 531, Government Code, is | ||
| amended by adding Section 531.0911 to read as follows: | ||
| Sec. 531.0911. DISQUALIFICATION OF RETAILER VIOLATING | ||
| PHOTO IDENTIFICATION REQUIREMENTS. (a) In this section: | ||
| (1) "Financial assistance program" means the | ||
| financial assistance program established under Chapter 31, Human | ||
| Resources Code. | ||
| (2) "Retailer" means a business approved for | ||
| participation in the financial assistance program or the | ||
| supplemental nutrition assistance program, including a provider of | ||
| goods or services described by Section 31.0355(a), Human Resources | ||
| Code. | ||
| (3) "Supplemental nutrition assistance program" has | ||
| the meaning assigned by Section 33.051, Human Resources Code. | ||
| (b) The executive commissioner shall adopt rules to require | ||
| that a retailer who violates Section 31.0356(b) or 33.0232(b), | ||
| Human Resources Code, be disqualified from participation as a | ||
| retailer in the financial assistance and supplemental nutrition | ||
| assistance programs for a period not to exceed one month. | ||
| SECTION 2. Section 31.0355(b), Human Resources Code, is | ||
| amended to read as follows: | ||
| (b) If a recipient of financial assistance who receives the | ||
| assistance by electronic benefits transfer to an account is | ||
| authorized to make a cash withdrawal from the account through a | ||
| provider of the goods or services described by Subsection (a), the | ||
| recipient may make the cash withdrawal only: | ||
| (1) at the customer service department of the provider | ||
| and not at the provider's point-of-sale terminal; and | ||
| (2) after the recipient presents the provider with | ||
| photo identification in accordance with Section 31.0356. | ||
| SECTION 3. Subchapter B, Chapter 31, Human Resources Code, | ||
| is amended by adding Section 31.0356 to read as follows: | ||
| Sec. 31.0356. PHOTO IDENTIFICATION TO USE BENEFITS. (a) In | ||
| this section, "photo identification" means a card or other document | ||
| that: | ||
| (A) is issued by a governmental entity that | ||
| identifies an individual; and | ||
| (B) displays a photograph of the individual | ||
| identified on the card or other document. | ||
| (b) A provider of goods or services that are described by | ||
| Section 31.0355(a) may not allow a recipient of financial | ||
| assistance who receives the assistance by electronic benefits | ||
| transfer to an account, or other person authorized to use the | ||
| account to make purchases on behalf of the recipient, to use the | ||
| account to make a purchase or make a cash withdrawal from the | ||
| account through the provider unless the recipient or other person | ||
| presents photo identification verifying the person's identity as | ||
| the person authorized to use the account. | ||
| SECTION 4. Subchapter A, Chapter 33, Human Resources Code, | ||
| is amended by adding Section 33.0232 to read as follows: | ||
| Sec. 33.0232. PHOTO IDENTIFICATION TO USE BENEFITS. (a) In | ||
| this section, "photo identification" has the meaning assigned by | ||
| Section 31.0356, Human Resources Code. | ||
| (b) A supplemental nutrition assistance program retailer | ||
| may not allow a recipient of program benefits who receives the | ||
| benefits by electronic benefits transfer to an account, or other | ||
| person authorized to use the account to make purchases on behalf of | ||
| the recipient, to use the account to make a purchase unless the | ||
| recipient or other person presents photo identification verifying | ||
| the person's identity as the person authorized to use the account. | ||
| SECTION 5. Not later than December 1, 2015, the executive | ||
| commissioner of the Health and Human Services Commission shall | ||
| adopt rules required under Section 531.0911, Government Code, as | ||
| added by this Act. | ||
| SECTION 6. 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 7. This Act takes effect September 1, 2015. | ||
