Texas 2017 - 85th Regular

Texas Senate Bill SB1443 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Creighton, Schwertner S.B. No. 1443
	1	+	By: Creighton S.B. No. 1443
	2	+	(In the Senate - Filed March 8, 2017; March 20, 2017, read
	3	+	first time and referred to Committee on Health & Human Services;
	4	+	May 8, 2017, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 6, Nays 3; May 8, 2017,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 1443 By: Taylor of Collin
2	9
3	10
4	11		A BILL TO BE ENTITLED
5	12		AN ACT
6	13		relating to electronic benefits transfer cards used by recipients
7	14		of benefits under certain assistance programs.
8	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	16		SECTION 1. Subchapter B, Chapter 531, Government Code, is
10	17		amended by adding Section 531.0911 to read as follows:
11	18		Sec. 531.0911. PHOTOGRAPH AND OTHER INFORMATION ON CERTAIN
12	19		ELECTRONIC BENEFITS TRANSFER CARDS. (a) In this section:
13	20		(1) "Financial assistance program" means the
14	21		financial assistance program established under Chapter 31, Human
15	22		Resources Code.
16	23		(2) "Recipient" means a person who receives benefits
17	24		under the financial assistance program or the supplemental
18	25		nutrition assistance program.
19	26		(3) "Supplemental nutrition assistance program" has
20	27		the meaning assigned by Section 33.0005, Human Resources Code.
21	28		(b) Subject to Subsection (d), the commission shall ensure
22	29		that the front side of each electronic benefits transfer card used
23	30		by a recipient for purposes of receiving benefits under the
24	31		financial assistance program or the supplemental nutrition
25	32		assistance program displays:
26	33		(1) the name and photograph of the recipient;
27	34		(2) the words "Fraud Hotline" followed by the
28	35		telephone number of the commission's toll-free hotline for
29	36		reporting suspected fraud required under Section 531.108(b)(2);
30	37		and
31	38		(3) the Internet website address maintained by the
32	39		commission for the purpose of allowing persons to report suspected
33	40		fraud in either the financial assistance program or the
34	41		supplemental nutrition assistance program.
35	42		(c) The Department of Public Safety shall provide to the
36	43		commission the photograph of a recipient that the department has in
37	44		its records for purposes of complying with Subsection (b)(1). The
38	45		commission and the department may enter into a memorandum of
39	46		understanding for purposes of this subsection.
40	47		(d) A recipient is exempt from the photograph requirement
41	48		imposed by Subsection (b) if:
42	49		(1) the recipient is:
43	50		(A) 65 years of age or older;
44	51		(B) younger than 19 years of age;
45	52		(C) blind;
46	53		(D) disabled;
47	54		(E) a victim of domestic violence;
48	55		(F) homeless; or
49	56		(G) issued the electronic benefits transfer card
50	57		at a field, regional, or other local commission office; or
51	58		(2) the Department of Public Safety does not have a
52	59		photograph of the recipient available.
53	60		(e) The executive commissioner may adopt rules necessary to
54	61		implement this section.
55	62		SECTION 2. Section 730.007(c), Transportation Code, is
56	63		amended to read as follows:
57	64		(c) This section does not:
58	65		(1) prohibit the disclosure of a person's photographic
59	66		image to:
60	67		(A) a law enforcement agency, the Texas
61	68		Department of Motor Vehicles, a county tax assessor-collector, or a
62	69		criminal justice agency for an official purpose;
63	70		(B) an agency of this state investigating an
64	71		alleged violation of a state or federal law relating to the
65	72		obtaining, selling, or purchasing of a benefit authorized by
66	73		Chapter 31 or 33, Human Resources Code; [or]
67	74		(C) an agency of this state investigating an
68	75		alleged violation of a state or federal law under authority
69	76		provided by Title 4, Labor Code; or
70	77		(D) the Health and Human Services Commission for
71	78		use on an electronic benefits transfer card as required by Section
72	79		531.0911, Government Code; or
73	80		(2) prevent a court from compelling by subpoena the
74	81		production of a person's photographic image.
75	82		SECTION 3. (a) Except as provided by Subsection (b) of
76	83		this section:
77	84		(1) notwithstanding Section 531.0911, Government
78	85		Code, as added by this Act, the Health and Human Services Commission
79	86		is not required to issue electronic benefits transfer cards that
80	87		comply with that section until September 1, 2018, but is required to
81	88		begin issuing cards that comply with that section beginning on that
82	89		date; and
83	90		(2) the commission shall ensure that on or before
84	91		August 31, 2020, each electronic benefits transfer card used to
85	92		deliver benefits to recipients under the financial assistance
86	93		program under Chapter 31, Human Resources Code, or the supplemental
87	94		nutrition assistance program under Chapter 33, Human Resources
88	95		Code, conforms to Section 531.0911, Government Code, as added by
89	96		this Act.
90	97		(b) The Health and Human Services Commission is required to
91	98		implement this Act only if the legislature appropriates money
92	99		specifically for that purpose. If the legislature does not
93	100		appropriate money specifically for that purpose, the commission
94	101		may, but is not required to, implement this Act using other
95	102		appropriations available for the purpose.
96	103		SECTION 4. If before implementing any provision of this Act
97	104		a state agency determines that a waiver or authorization from a
98	105		federal agency is necessary for implementation of that provision,
99	106		the agency affected by the provision shall request the waiver or
100	107		authorization and may delay implementing that provision until the
101	108		waiver or authorization is granted.
102	109		SECTION 5. This Act takes effect September 1, 2017.
	110	+	* * * * *