1 | 1 | | By: Birdwell, Nelson, Schwertner S.B. No. 191 |
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2 | 2 | | (In the Senate - Filed January 18, 2013; January 29, 2013, |
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3 | 3 | | read first time and referred to Committee on Health and Human |
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4 | 4 | | Services; May 6, 2013, reported adversely, with favorable |
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5 | 5 | | Committee Substitute by the following vote: Yeas 6, Nays 3; |
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6 | 6 | | May 6, 2013, sent to printer.) |
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7 | 7 | | COMMITTEE SUBSTITUTE FOR S.B. No. 191 By: Deuell |
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8 | 8 | | |
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9 | 9 | | |
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10 | 10 | | A BILL TO BE ENTITLED |
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11 | 11 | | AN ACT |
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12 | 12 | | relating to Temporary Assistance for Needy Families benefits |
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13 | 13 | | accounts. |
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14 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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15 | 15 | | SECTION 1. Subsection (b), Section 31.0355, Human Resources |
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16 | 16 | | Code, is amended to read as follows: |
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17 | 17 | | (b) If a recipient of financial assistance who receives the |
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18 | 18 | | assistance by electronic benefits transfer to an account is |
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19 | 19 | | authorized to make a cash withdrawal from the account through a |
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20 | 20 | | provider of the goods or services described by Subsection (a), the |
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21 | 21 | | recipient may make the cash withdrawal only: |
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22 | 22 | | (1) at the customer service department of the provider |
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23 | 23 | | and not at the provider's point-of-sale terminal; and |
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24 | 24 | | (2) after the provider verifies the recipient's |
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25 | 25 | | identity in accordance with Section 31.0356, if applicable. |
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26 | 26 | | SECTION 2. Subchapter B, Chapter 31, Human Resources Code, |
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27 | 27 | | is amended by adding Sections 31.0356 and 31.0357 to read as |
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28 | 28 | | follows: |
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29 | 29 | | Sec. 31.0356. PHOTO IDENTIFICATION FOR CERTAIN CASH |
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30 | 30 | | WITHDRAWALS. (a) In this section, "photo identification" means a |
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31 | 31 | | card or other document that: |
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32 | 32 | | (1) is issued by a governmental entity to identify an |
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33 | 33 | | individual; and |
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34 | 34 | | (2) displays a photograph of the individual identified |
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35 | 35 | | on the card or other document. |
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36 | 36 | | (b) A recipient of financial assistance who receives the |
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37 | 37 | | assistance by electronic benefits transfer to an account may not, |
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38 | 38 | | using an electronic benefits transfer card subject to Section |
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39 | 39 | | 31.0357(a), make a cash withdrawal from the account through a |
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40 | 40 | | provider of the goods or services described by Section 31.0355(a) |
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41 | 41 | | unless the recipient presents photo identification verifying the |
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42 | 42 | | recipient's identity as the card holder. A provider may presume |
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43 | 43 | | that an electronic benefits transfer card that does not display the |
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44 | 44 | | name of a recipient and any other authorized person is not subject |
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45 | 45 | | to Section 31.0357(a) for purposes of this section. |
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46 | 46 | | Sec. 31.0357. NAMES ON ELECTRONIC BENEFITS TRANSFER CARDS. |
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47 | 47 | | (a) Except as provided by Subsection (b), each electronic benefits |
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48 | 48 | | transfer card issued to a recipient, or other person authorized on |
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49 | 49 | | the recipient's account, for purposes of delivering benefits under |
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50 | 50 | | the financial assistance program must display the name of the |
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51 | 51 | | recipient and any other authorized person, if applicable. |
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52 | 52 | | (b) An electronic benefits transfer card issued by a local |
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53 | 53 | | commission eligibility office is not subject to Subsection (a). |
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54 | 54 | | SECTION 3. Not later than December 1, 2013, the Health and |
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55 | 55 | | Human Services Commission shall ensure that electronic benefits |
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56 | 56 | | transfer cards issued for purposes of delivering benefits to |
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57 | 57 | | recipients under the financial assistance program under Chapter 31, |
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58 | 58 | | Human Resources Code, conform to Subsection (a), Section 31.0357, |
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59 | 59 | | Human Resources Code, as added by this Act. |
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60 | 60 | | SECTION 4. If before implementing any provision of this Act |
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61 | 61 | | a state agency determines that a waiver or authorization from a |
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62 | 62 | | federal agency is necessary for implementation of that provision, |
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63 | 63 | | the agency affected by the provision shall request the waiver or |
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64 | 64 | | authorization and may delay implementing that provision until the |
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65 | 65 | | waiver or authorization is granted. |
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66 | 66 | | SECTION 5. This Act takes effect September 1, 2013. |
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67 | 67 | | * * * * * |
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