Bill Text: TX SB1443 | 2017-2018 | 85th Legislature | Engrossed
Bill Title: Relating to electronic benefits transfer cards used by recipients of benefits under certain assistance programs.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2017-05-16 - Referred to Human Services [SB1443 Detail]
Download: Texas-2017-SB1443-Engrossed.html
By: Creighton, Schwertner | S.B. No. 1443 |
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relating to electronic benefits transfer cards used by 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 Section 531.0911 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 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; | ||
(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 photograph of a recipient that the department has in | ||
its records 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 is exempt from the photograph requirement | ||
imposed by Subsection (b) if: | ||
(1) the recipient 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 have a | ||
photograph of the recipient available. | ||
(e) The executive commissioner may adopt rules necessary to | ||
implement this section. | ||
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. (a) Except as provided by Subsection (b) of | ||
this section: | ||
(1) notwithstanding Section 531.0911, Government | ||
Code, as added by this Act, the Health and Human Services Commission | ||
is not required to issue electronic benefits transfer cards that | ||
comply with that section until September 1, 2018, but is required to | ||
begin issuing cards that comply with that section beginning on that | ||
date; and | ||
(2) the commission shall ensure that on or before | ||
August 31, 2020, 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. | ||
(b) The Health and Human Services Commission is required to | ||
implement this Act only if the legislature appropriates money | ||
specifically for that purpose. If the legislature does not | ||
appropriate money specifically for that purpose, the commission | ||
may, but is not required to, implement this Act using other | ||
appropriations available for the purpose. | ||
SECTION 4. 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 5. This Act takes effect September 1, 2017. |