85R1729 LED-D
By: Davis of Harris H.B. No. 146
A BILL TO BE ENTITLED
AN ACT
relating to the use of supplemental nutrition assistance program
benefits by electronic benefits transfer.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 33, Human Resources Code,
is amended by adding Sections 33.0232 and 33.030 to read as follows:
Sec. 33.0232. IDENTITY VERIFICATION TO USE BENEFITS. (a)
In this section, "retailer" means a business approved for
participation in the supplemental nutrition assistance program and
includes an employee of the business.
(b) A retailer may not allow a recipient of supplemental
nutrition assistance 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 documentation verifying the
person's identity as the person authorized to use the account.
(c) To verify the person's identity under Subsection (b), a
person may present any document that reasonably establishes the
person's identity, including:
(1) a driver's license;
(2) a work or school identification card;
(3) an identification card for health benefits or for
another assistance or social services program;
(4) a voter registration card;
(5) a wage stub; or
(6) a birth certificate.
(d) A retailer may not require a person to present a
specific type of document to verify the person's identity under
Subsection (b).
(e) The executive commissioner shall adopt rules to require
that a recipient, or other person authorized to use the recipient's
account, for purposes of receiving benefits under the supplemental
nutrition assistance program, be issued an electronic benefits
transfer card that displays the name of the recipient or other
authorized person, as applicable.
Sec. 33.030. NOTICE OF PENALTY. (a) In this section,
"retailer" means a business approved for participation in the
supplemental nutrition assistance program.
(b) A retailer shall notify its customers of the penalties
under Section 33.011 for the unauthorized use of a supplemental
nutrition assistance program electronic benefits transfer card by:
(1) displaying a sign, at a location where the public
can reasonably see the sign, that states: "By using a supplemental
nutrition assistance program electronic benefits transfer (EBT)
card, or 'Lone Star Card,' you certify that you are authorized to
use the card. Unauthorized use of the card is a criminal offense
punishable as a Class A misdemeanor or a felony of the third
degree."; or
(2) electronically displaying the statement in
Subdivision (1) at the point of sale terminal for each transaction
involving the use of a supplemental nutrition assistance program
electronic benefits transfer card.
(c) A retailer shall display the statement in Subsection (b)
in English and in another language spoken by a substantial portion
of the retailer's customers.
SECTION 2. Not later than December 1, 2017, the executive
commissioner of the Health and Human Services Commission shall:
(1) adopt rules required under Section 33.0232(e),
Human Resources Code, as added by this Act; and
(2) ensure the issuance of new electronic benefits
transfer cards to appropriate recipients under the supplemental
nutrition assistance program under Chapter 33, Human Resources
Code, in accordance with Section 33.0232(e), Human Resources Code,
as added by this Act.
SECTION 3. Notwithstanding Section 33.0232, Human
Resources Code, as added by this Act, a retailer may not require the
user of an electronic benefits transfer card to present
documentation verifying the user's identity in accordance with that
section until December 1, 2017.
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, 2017.