By: Birdwell, Nelson, Schwertner S.B. No. 191
(In the Senate - Filed January 18, 2013; January 29, 2013,
read first time and referred to Committee on Health and Human
Services; May 6, 2013, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 6, Nays 3;
May 6, 2013, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 191 By: Deuell
A BILL TO BE ENTITLED
AN ACT
relating to Temporary Assistance for Needy Families benefits
accounts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (b), Section 31.0355, Human Resources
Code, is amended to read as follows:
(b) If a recipient of financial assistance who receives the
assistance by electronic benefits transfer to an account is
authorized to make a cash withdrawal from the account through a
provider of the goods or services described by Subsection (a), the
recipient may make the cash withdrawal only:
(1) at the customer service department of the provider
and not at the provider's point-of-sale terminal; and
(2) after the provider verifies the recipient's
identity in accordance with Section 31.0356, if applicable.
SECTION 2. Subchapter B, Chapter 31, Human Resources Code,
is amended by adding Sections 31.0356 and 31.0357 to read as
follows:
Sec. 31.0356. PHOTO IDENTIFICATION FOR CERTAIN CASH
WITHDRAWALS. (a) In this section, "photo identification" means a
card or other document that:
(1) is issued by a governmental entity to identify an
individual; and
(2) displays a photograph of the individual identified
on the card or other document.
(b) A recipient of financial assistance who receives the
assistance by electronic benefits transfer to an account may not,
using an electronic benefits transfer card subject to Section
31.0357(a), make a cash withdrawal from the account through a
provider of the goods or services described by Section 31.0355(a)
unless the recipient presents photo identification verifying the
recipient's identity as the card holder. A provider may presume
that an electronic benefits transfer card that does not display the
name of a recipient and any other authorized person is not subject
to Section 31.0357(a) for purposes of this section.
Sec. 31.0357. NAMES ON ELECTRONIC BENEFITS TRANSFER CARDS.
(a) Except as provided by Subsection (b), each electronic benefits
transfer card issued to a recipient, or other person authorized on
the recipient's account, for purposes of delivering benefits under
the financial assistance program must display the name of the
recipient and any other authorized person, if applicable.
(b) An electronic benefits transfer card issued by a local
commission eligibility office is not subject to Subsection (a).
SECTION 3. Not later than December 1, 2013, the Health and
Human Services Commission shall ensure that electronic benefits
transfer cards issued for purposes of delivering benefits to
recipients under the financial assistance program under Chapter 31,
Human Resources Code, conform to Subsection (a), Section 31.0357,
Human Resources Code, as added by this Act.
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, 2013.
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