Bill Text: TX SB671 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to electronic benefits transfer cards used by or for recipients of benefits under certain assistance programs.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2019-05-17 - Committee report printed and distributed [SB671 Detail]
Download: Texas-2019-SB671-Comm_Sub.html
| By: Creighton | S.B. No. 671 | |
| (In the Senate - Filed February 6, 2019; March 1, 2019, read | ||
| first time and referred to Committee on Health & Human Services; | ||
| May 17, 2019, reported favorably by the following vote: Yeas 6, | ||
| Nays 3; May 17, 2019, sent to printer.) | ||
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| relating to electronic benefits transfer cards used by or for | ||
| recipients of benefits under certain assistance programs. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter B, Chapter 531, Government Code, is | ||
| amended by adding Sections 531.0911 and 531.0912 to read as | ||
| follows: | ||
| Sec. 531.0911. PHOTOGRAPH AND OTHER INFORMATION ON CERTAIN | ||
| ELECTRONIC BENEFITS TRANSFER CARDS. (a) In this section: | ||
| (1) "Financial assistance program" means the | ||
| financial assistance program established under Chapter 31, Human | ||
| Resources Code. | ||
| (2) "Recipient" means a person who receives benefits | ||
| under the financial assistance program or the supplemental | ||
| nutrition assistance program. | ||
| (3) "Supplemental nutrition assistance program" has | ||
| the meaning assigned by Section 33.0005, Human Resources Code. | ||
| (b) Subject to Subsection (d), the commission shall ensure | ||
| that the front side of each electronic benefits transfer card used | ||
| by a recipient or other person authorized on the recipient's | ||
| account for purposes of receiving benefits under the financial | ||
| assistance program or the supplemental nutrition assistance | ||
| program displays: | ||
| (1) the name and photograph of the recipient or other | ||
| authorized person, as appropriate; | ||
| (2) the words "Fraud Hotline" followed by the | ||
| telephone number of the commission's toll-free hotline for | ||
| reporting suspected fraud required under Section 531.108(b)(2); | ||
| and | ||
| (3) the Internet website address maintained by the | ||
| commission for the purpose of allowing persons to report suspected | ||
| fraud in either the financial assistance program or the | ||
| supplemental nutrition assistance program. | ||
| (c) The Department of Public Safety shall provide to the | ||
| commission the photographs of a recipient and each person | ||
| authorized on the recipient's account that the department has in | ||
| its records. The commission shall use the photographs for purposes | ||
| of complying with Subsection (b)(1). The commission and the | ||
| department may enter into a memorandum of understanding for | ||
| purposes of this subsection. | ||
| (d) A recipient or other person authorized on the | ||
| recipient's account is exempt from the photograph requirement | ||
| imposed by Subsection (b) if: | ||
| (1) the recipient or other authorized person is: | ||
| (A) 65 years of age or older; | ||
| (B) younger than 19 years of age; | ||
| (C) blind; | ||
| (D) disabled; | ||
| (E) a victim of domestic violence; | ||
| (F) homeless; or | ||
| (G) issued the electronic benefits transfer card | ||
| at a field, regional, or other local commission office; or | ||
| (2) the Department of Public Safety does not provide a | ||
| photograph of the recipient or other authorized person to the | ||
| commission under Subsection (c). | ||
| (e) The executive commissioner may adopt rules necessary to | ||
| implement this section. | ||
| Sec. 531.0912. MONITORING AND REPORTING OF ELECTRONIC | ||
| BENEFITS TRANSFER CARD REPLACEMENT REQUESTS. (a) In this section | ||
| "financial assistance program," "recipient," and "supplemental | ||
| nutrition assistance program" have the meanings assigned by Section | ||
| 531.0911. | ||
| (b) The commission shall monitor the frequency with which | ||
| recipients request replacements of their electronic benefits | ||
| transfer cards used for purposes of receiving benefits under the | ||
| financial assistance program or the supplemental nutrition | ||
| assistance program. Not later than December 1 of each year, the | ||
| commission shall submit a report regarding that frequency to the | ||
| standing committees of the house of representatives and the senate | ||
| with jurisdiction over the financial assistance and supplemental | ||
| nutrition assistance programs. | ||
| SECTION 2. Section 730.007(c), Transportation Code, is | ||
| amended to read as follows: | ||
| (c) This section does not: | ||
| (1) prohibit the disclosure of a person's photographic | ||
| image to: | ||
| (A) a law enforcement agency, the Texas | ||
| Department of Motor Vehicles, a county tax assessor-collector, or a | ||
| criminal justice agency for an official purpose; | ||
| (B) an agency of this state investigating an | ||
| alleged violation of a state or federal law relating to the | ||
| obtaining, selling, or purchasing of a benefit authorized by | ||
| Chapter 31 or 33, Human Resources Code; [ |
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| (C) an agency of this state investigating an | ||
| alleged violation of a state or federal law under authority | ||
| provided by Title 4, Labor Code; or | ||
| (D) the Health and Human Services Commission for | ||
| use on an electronic benefits transfer card as required by Section | ||
| 531.0911, Government Code; or | ||
| (2) prevent a court from compelling by subpoena the | ||
| production of a person's photographic image. | ||
| SECTION 3. Notwithstanding Section 531.0911, Government | ||
| Code, as added by this Act, the Health and Human Services | ||
| Commission: | ||
| (1) is not required to issue electronic benefits | ||
| transfer cards that comply with that section until September 1, | ||
| 2020, but is required to begin issuing cards that comply with that | ||
| section beginning on that date; and | ||
| (2) shall ensure that on or before August 31, 2022, | ||
| each electronic benefits transfer card used to deliver benefits to | ||
| recipients under the financial assistance program under Chapter 31, | ||
| Human Resources Code, or the supplemental nutrition assistance | ||
| program under Chapter 33, Human Resources Code, conforms to Section | ||
| 531.0911, Government Code, as added by this Act. | ||
| SECTION 4. Notwithstanding Section 531.0912, Government | ||
| Code, as added by this Act, the Health and Human Services Commission | ||
| shall submit the first report required by that section not later | ||
| than December 1, 2020. | ||
| SECTION 5. 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 6. This Act takes effect September 1, 2019. | ||
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