Texas 2015 - 84th Regular

Texas House Bill HB3463 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R10258 ADM-F
2	2	By: Springer H.B. No. 3463
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a photo identification requirement to use certain state
8	8	benefits.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter B, Chapter 531, Government Code, is
11	11	amended by adding Section 531.0911 to read as follows:
12	12	Sec. 531.0911. DISQUALIFICATION OF RETAILER VIOLATING
13	13	PHOTO IDENTIFICATION REQUIREMENTS. (a) In this section:
14	14	(1) "Financial assistance program" means the
15	15	financial assistance program established under Chapter 31, Human
16	16	Resources Code.
17	17	(2) "Retailer" means a business approved for
18	18	participation in the financial assistance program or the
19	19	supplemental nutrition assistance program, including a provider of
20	20	goods or services described by Section 31.0355(a), Human Resources
21	21	Code.
22	22	(3) "Supplemental nutrition assistance program" has
23	23	the meaning assigned by Section 33.051, Human Resources Code.
24	24	(b) The executive commissioner shall adopt rules to require
25	25	that a retailer who violates Section 31.0356(b) or 33.0232(b),
26	26	Human Resources Code, be disqualified from participation as a
27	27	retailer in the financial assistance and supplemental nutrition
28	28	assistance programs for a period not to exceed one month.
29	29	SECTION 2. Section 31.0355(b), Human Resources Code, is
30	30	amended to read as follows:
31	31	(b) If a recipient of financial assistance who receives the
32	32	assistance by electronic benefits transfer to an account is
33	33	authorized to make a cash withdrawal from the account through a
34	34	provider of the goods or services described by Subsection (a), the
35	35	recipient may make the cash withdrawal only:
36	36	(1) at the customer service department of the provider
37	37	and not at the provider's point-of-sale terminal; and
38	38	(2) after the recipient presents the provider with
39	39	photo identification in accordance with Section 31.0356.
40	40	SECTION 3. Subchapter B, Chapter 31, Human Resources Code,
41	41	is amended by adding Section 31.0356 to read as follows:
42	42	Sec. 31.0356. PHOTO IDENTIFICATION TO USE BENEFITS. (a) In
43	43	this section, "photo identification" means a card or other document
44	44	that:
45	45	(A) is issued by a governmental entity that
46	46	identifies an individual; and
47	47	(B) displays a photograph of the individual
48	48	identified on the card or other document.
49	49	(b) A provider of goods or services that are described by
50	50	Section 31.0355(a) may not allow a recipient of financial
51	51	assistance who receives the assistance by electronic benefits
52	52	transfer to an account, or other person authorized to use the
53	53	account to make purchases on behalf of the recipient, to use the
54	54	account to make a purchase or make a cash withdrawal from the
55	55	account through the provider unless the recipient or other person
56	56	presents photo identification verifying the person's identity as
57	57	the person authorized to use the account.
58	58	SECTION 4. Subchapter A, Chapter 33, Human Resources Code,
59	59	is amended by adding Section 33.0232 to read as follows:
60	60	Sec. 33.0232. PHOTO IDENTIFICATION TO USE BENEFITS. (a) In
61	61	this section, "photo identification" has the meaning assigned by
62	62	Section 31.0356, Human Resources Code.
63	63	(b) A supplemental nutrition assistance program retailer
64	64	may not allow a recipient of program benefits who receives the
65	65	benefits by electronic benefits transfer to an account, or other
66	66	person authorized to use the account to make purchases on behalf of
67	67	the recipient, to use the account to make a purchase unless the
68	68	recipient or other person presents photo identification verifying
69	69	the person's identity as the person authorized to use the account.
70	70	SECTION 5. Not later than December 1, 2015, the executive
71	71	commissioner of the Health and Human Services Commission shall
72	72	adopt rules required under Section 531.0911, Government Code, as
73	73	added by this Act.
74	74	SECTION 6. If before implementing any provision of this Act
75	75	a state agency determines that a waiver or authorization from a
76	76	federal agency is necessary for implementation of that provision,
77	77	the agency affected by the provision shall request the waiver or
78	78	authorization and may delay implementing that provision until the
79	79	waiver or authorization is granted.
80	80	SECTION 7. This Act takes effect September 1, 2015.