Texas 2017 - 85th Regular

Texas House Bill HB146 Compare Versions

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

Old	New	Differences
1	1	85R1729 LED-D
2	2	By: Davis of Harris H.B. No. 146
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the use of supplemental nutrition assistance program
8	8	benefits by electronic benefits transfer.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter A, Chapter 33, Human Resources Code,
11	11	is amended by adding Sections 33.0232 and 33.030 to read as follows:
12	12	Sec. 33.0232. IDENTITY VERIFICATION TO USE BENEFITS. (a)
13	13	In this section, "retailer" means a business approved for
14	14	participation in the supplemental nutrition assistance program and
15	15	includes an employee of the business.
16	16	(b) A retailer may not allow a recipient of supplemental
17	17	nutrition assistance program benefits who receives the benefits by
18	18	electronic benefits transfer to an account, or other person
19	19	authorized to use the account to make purchases on behalf of the
20	20	recipient, to use the account to make a purchase unless the
21	21	recipient or other person presents documentation verifying the
22	22	person's identity as the person authorized to use the account.
23	23	(c) To verify the person's identity under Subsection (b), a
24	24	person may present any document that reasonably establishes the
25	25	person's identity, including:
26	26	(1) a driver's license;
27	27	(2) a work or school identification card;
28	28	(3) an identification card for health benefits or for
29	29	another assistance or social services program;
30	30	(4) a voter registration card;
31	31	(5) a wage stub; or
32	32	(6) a birth certificate.
33	33	(d) A retailer may not require a person to present a
34	34	specific type of document to verify the person's identity under
35	35	Subsection (b).
36	36	(e) The executive commissioner shall adopt rules to require
37	37	that a recipient, or other person authorized to use the recipient's
38	38	account, for purposes of receiving benefits under the supplemental
39	39	nutrition assistance program, be issued an electronic benefits
40	40	transfer card that displays the name of the recipient or other
41	41	authorized person, as applicable.
42	42	Sec. 33.030. NOTICE OF PENALTY. (a) In this section,
43	43	"retailer" means a business approved for participation in the
44	44	supplemental nutrition assistance program.
45	45	(b) A retailer shall notify its customers of the penalties
46	46	under Section 33.011 for the unauthorized use of a supplemental
47	47	nutrition assistance program electronic benefits transfer card by:
48	48	(1) displaying a sign, at a location where the public
49	49	can reasonably see the sign, that states: "By using a supplemental
50	50	nutrition assistance program electronic benefits transfer (EBT)
51	51	card, or 'Lone Star Card,' you certify that you are authorized to
52	52	use the card. Unauthorized use of the card is a criminal offense
53	53	punishable as a Class A misdemeanor or a felony of the third
54	54	degree."; or
55	55	(2) electronically displaying the statement in
56	56	Subdivision (1) at the point of sale terminal for each transaction
57	57	involving the use of a supplemental nutrition assistance program
58	58	electronic benefits transfer card.
59	59	(c) A retailer shall display the statement in Subsection (b)
60	60	in English and in another language spoken by a substantial portion
61	61	of the retailer's customers.
62	62	SECTION 2. Not later than December 1, 2017, the executive
63	63	commissioner of the Health and Human Services Commission shall:
64	64	(1) adopt rules required under Section 33.0232(e),
65	65	Human Resources Code, as added by this Act; and
66	66	(2) ensure the issuance of new electronic benefits
67	67	transfer cards to appropriate recipients under the supplemental
68	68	nutrition assistance program under Chapter 33, Human Resources
69	69	Code, in accordance with Section 33.0232(e), Human Resources Code,
70	70	as added by this Act.
71	71	SECTION 3. Notwithstanding Section 33.0232, Human
72	72	Resources Code, as added by this Act, a retailer may not require the
73	73	user of an electronic benefits transfer card to present
74	74	documentation verifying the user's identity in accordance with that
75	75	section until December 1, 2017.
76	76	SECTION 4. If before implementing any provision of this Act
77	77	a state agency determines that a waiver or authorization from a
78	78	federal agency is necessary for implementation of that provision,
79	79	the agency affected by the provision shall request the waiver or
80	80	authorization and may delay implementing that provision until the
81	81	waiver or authorization is granted.
82	82	SECTION 5. This Act takes effect September 1, 2017.