84R4895 ADM-D
By: Campbell, Perry S.B. No. 874
A BILL TO BE ENTITLED
AN ACT
relating to a photo identification requirement to use certain state
benefits.
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 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) "Photo identification" means a card or other
document that:
(A) is issued by a governmental entity that
identifies an individual; and
(B) displays a photograph of the individual
identified on the card or other document.
(3) "Recipient" means a person who receives benefits
under the financial assistance program or the supplemental
nutrition assistance program.
(4) "Supplemental nutrition assistance program" has
the meaning assigned by Section 33.051, Human Resources Code.
(b) The executive commissioner shall adopt rules to require
that 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, be issued an electronic benefits transfer card that
displays the name and photograph of the recipient or other
authorized person, as applicable, if the recipient or other
authorized person, as applicable, does not otherwise possess photo
identification.
SECTION 2. Section 31.0355(b), 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 recipient presents the provider with
photo identification in accordance with Section 31.0356.
SECTION 3. Subchapter B, Chapter 31, Human Resources Code,
is amended by adding Section 31.0356 to read as follows:
Sec. 31.0356. PHOTO IDENTIFICATION TO USE BENEFITS. (a) In
this section, "photo identification" has the meaning assigned by
Section 531.0911, Government Code.
(b) A provider of goods or services that are described by
Section 31.0355(a) may not allow a recipient of financial
assistance who receives the assistance by electronic benefits
transfer to an account, or other person authorized to use the
account to make purchases on behalf of the recipient, to use the
account to make a purchase or make a cash withdrawal from the
account through the provider unless the recipient or other person
presents photo identification verifying the person's identity as
the person authorized to use the account.
SECTION 4. Subchapter A, Chapter 33, Human Resources Code,
is amended by adding Section 33.0232 to read as follows:
Sec. 33.0232. PHOTO IDENTIFICATION TO USE BENEFITS. (a) In
this section, "photo identification" has the meaning assigned by
Section 531.0911, Government Code.
(b) A supplemental nutrition assistance program retailer
may not allow a recipient of program benefits who receives the
benefits by electronic benefits transfer to an account, or other
person authorized to use the account to make purchases on behalf of
the recipient, to use the account to make a purchase unless the
recipient or other person presents photo identification verifying
the person's identity as the person authorized to use the account.
SECTION 5. Not later than December 1, 2015, the executive
commissioner of the Health and Human Services Commission shall:
(1) adopt rules required under Section 531.0911,
Government Code, as added by this Act; and
(2) ensure the issuance of new electronic benefits
transfer cards to appropriate recipients under the financial
assistance program under Chapter 31, Human Resources Code, and the
supplemental nutrition assistance program under Chapter 33, Human
Resources Code, in accordance with Section 531.0911, Government
Code, as added by this Act.
SECTION 6. Notwithstanding Sections 31.0356 and 33.0232,
Human Resources Code, as added by this Act, a provider of goods or
services or a retailer, as applicable, may not require the user of
an electronic benefits transfer card to present photo
identification in accordance with those sections until December 1,
2015.
SECTION 7. 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 8. This Act takes effect September 1, 2015.