Bill Text: TX SB866 | 2021-2022 | 87th Legislature | Comm Sub


Bill Title: Relating to electronic benefits transfer cards used by or for recipients of benefits under certain assistance programs.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced) 2021-05-04 - Not again placed on intent calendar [SB866 Detail]

Download: Texas-2021-SB866-Comm_Sub.html
 
 
  By: Creighton  S.B. No. 866
         (In the Senate - Filed March 1, 2021; March 11, 2021, read
  first time and referred to Committee on Health & Human Services;
  April 27, 2021, reported favorably by the following vote:  Yeas 5,
  Nays 4; April 27, 2021, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  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; [or]
                     (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,
  2022, 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, 2024,
  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, 2022.
         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, 2021.
 
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