Texas 2017 85th Regular

Texas Senate Bill SB1443 Comm Sub / Bill

Filed 05/08/2017

                    By: Creighton S.B. No. 1443
 (In the Senate - Filed March 8, 2017; March 20, 2017, read
 first time and referred to Committee on Health & Human Services;
 May 8, 2017, reported adversely, with favorable Committee
 Substitute by the following vote:  Yeas 6, Nays 3; May 8, 2017,
 sent to printer.)
Click here to see the committee vote
 COMMITTEE SUBSTITUTE FOR S.B. No. 1443 By:  Taylor of Collin


 A BILL TO BE ENTITLED
 AN ACT
 relating to electronic benefits transfer cards used by recipients
 of benefits under certain assistance programs.
 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 AND OTHER INFORMATION 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)  "Recipient" means a person who receives benefits
 under the financial assistance program or the supplemental
 nutrition assistance program.
 (3)  "Supplemental nutrition assistance program" has
 the meaning assigned by Section 33.0005, Human Resources Code.
 (b)  Subject to Subsection (d), the commission shall ensure
 that the front side of each electronic benefits transfer card used
 by a recipient for purposes of receiving benefits under the
 financial assistance program or the supplemental nutrition
 assistance program displays:
 (1)  the name and photograph of the recipient;
 (2)  the words "Fraud Hotline" followed by the
 telephone number of the commission's toll-free hotline for
 reporting suspected fraud required under Section 531.108(b)(2);
 and
 (3)  the Internet website address maintained by the
 commission for the purpose of allowing persons to report suspected
 fraud in either the financial assistance program or the
 supplemental nutrition assistance program.
 (c)  The Department of Public Safety shall provide to the
 commission the photograph of a recipient that the department has in
 its records for purposes of complying with Subsection (b)(1). The
 commission and the department may enter into a memorandum of
 understanding for purposes of this subsection.
 (d)  A recipient is exempt from the photograph requirement
 imposed by Subsection (b) if:
 (1)  the recipient is:
 (A)  65 years of age or older;
 (B)  younger than 19 years of age;
 (C)  blind;
 (D)  disabled;
 (E)  a victim of domestic violence;
 (F)  homeless; or
 (G)  issued the electronic benefits transfer card
 at a field, regional, or other local commission office; or
 (2)  the Department of Public Safety does not have a
 photograph of the recipient available.
 (e)  The executive commissioner may adopt rules necessary to
 implement this section.
 SECTION 2.  Section 730.007(c), Transportation Code, is
 amended to read as follows:
 (c)  This section does not:
 (1)  prohibit the disclosure of a person's photographic
 image to:
 (A)  a law enforcement agency, the Texas
 Department of Motor Vehicles, a county tax assessor-collector, or a
 criminal justice agency for an official purpose;
 (B)  an agency of this state investigating an
 alleged violation of a state or federal law relating to the
 obtaining, selling, or purchasing of a benefit authorized by
 Chapter 31 or 33, Human Resources Code; [or]
 (C)  an agency of this state investigating an
 alleged violation of a state or federal law under authority
 provided by Title 4, Labor Code; or
 (D)  the Health and Human Services Commission for
 use on an electronic benefits transfer card as required by Section
 531.0911, Government Code; or
 (2)  prevent a court from compelling by subpoena the
 production of a person's photographic image.
 SECTION 3.  (a)  Except as provided by Subsection (b) of
 this section:
 (1)  notwithstanding Section 531.0911, Government
 Code, as added by this Act, the Health and Human Services Commission
 is not required to issue electronic benefits transfer cards that
 comply with that section until September 1, 2018, but is required to
 begin issuing cards that comply with that section beginning on that
 date; and
 (2)  the commission shall ensure that on or before
 August 31, 2020, each electronic benefits transfer card used to
 deliver benefits to recipients under the financial assistance
 program under Chapter 31, Human Resources Code, or the supplemental
 nutrition assistance program under Chapter 33, Human Resources
 Code, conforms to Section 531.0911, Government Code, as added by
 this Act.
 (b)  The Health and Human Services Commission is required to
 implement this Act only if the legislature appropriates money
 specifically for that purpose.  If the legislature does not
 appropriate money specifically for that purpose, the commission
 may, but is not required to, implement this Act using other
 appropriations available for the purpose.
 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.
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