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

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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 - Dead) 2021-05-04 - Not again placed on intent calendar [SB866 Detail]

Download: Texas-2021-SB866-Comm_Sub.html

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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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