Texas 2019 - 86th Regular

Texas House Bill HB1250 Compare Versions

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

Old	New	Differences
1	1	86R3197 KFF-D
2	2	By: Phelan H.B. No. 1250
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to electronic benefits transfer cards used by or for
8	8	recipients of benefits under certain assistance programs.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter B, Chapter 531, Government Code, is
11	11	amended by adding Sections 531.0911 and 531.0912 to read as
12	12	follows:
13	13	Sec. 531.0911. PHOTOGRAPH AND OTHER INFORMATION ON CERTAIN
14	14	ELECTRONIC BENEFITS TRANSFER CARDS. (a) In this section:
15	15	(1) "Financial assistance program" means the
16	16	financial assistance program established under Chapter 31, Human
17	17	Resources Code.
18	18	(2) "Recipient" means a person who receives benefits
19	19	under the financial assistance program or the supplemental
20	20	nutrition assistance program.
21	21	(3) "Supplemental nutrition assistance program" has
22	22	the meaning assigned by Section 33.0005, Human Resources Code.
23	23	(b) Subject to Subsection (d), the commission shall ensure
24	24	that the front side of each electronic benefits transfer card used
25	25	by a recipient or other person authorized on the recipient's
26	26	account for purposes of receiving benefits under the financial
27	27	assistance program or the supplemental nutrition assistance
28	28	program displays:
29	29	(1) the name and photograph of the recipient or other
30	30	authorized person, as appropriate;
31	31	(2) the words "Fraud Hotline" followed by the
32	32	telephone number of the commission's toll-free hotline for
33	33	reporting suspected fraud required under Section 531.108(b)(2);
34	34	and
35	35	(3) the Internet website address maintained by the
36	36	commission for the purpose of allowing persons to report suspected
37	37	fraud in either the financial assistance program or the
38	38	supplemental nutrition assistance program.
39	39	(c) The Department of Public Safety shall provide to the
40	40	commission the photographs of a recipient and each person
41	41	authorized on the recipient's account that the department has in
42	42	its records. The commission shall use the photographs for purposes
43	43	of complying with Subsection (b)(1). The commission and the
44	44	department may enter into a memorandum of understanding for
45	45	purposes of this subsection.
46	46	(d) A recipient or other person authorized on the
47	47	recipient's account is exempt from the photograph requirement
48	48	imposed by Subsection (b) if:
49	49	(1) the recipient or other authorized person is:
50	50	(A) 65 years of age or older;
51	51	(B) younger than 19 years of age;
52	52	(C) blind;
53	53	(D) disabled;
54	54	(E) a victim of domestic violence;
55	55	(F) homeless; or
56	56	(G) issued the electronic benefits transfer card
57	57	at a field, regional, or other local commission office; or
58	58	(2) the Department of Public Safety does not provide a
59	59	photograph of the recipient or other authorized person to the
60	60	commission under Subsection (c).
61	61	(e) The executive commissioner may adopt rules necessary to
62	62	implement this section.
63	63	Sec. 531.0912. MONITORING AND REPORTING OF ELECTRONIC
64	64	BENEFITS TRANSFER CARD REPLACEMENT REQUESTS. (a) In this section
65	65	"financial assistance program," "recipient," and "supplemental
66	66	nutrition assistance program" have the meanings assigned by Section
67	67	531.0911.
68	68	(b) The commission shall monitor the frequency with which
69	69	recipients request replacements of their electronic benefits
70	70	transfer cards used for purposes of receiving benefits under the
71	71	financial assistance program or the supplemental nutrition
72	72	assistance program. Not later than December 1 of each year, the
73	73	commission shall submit a report regarding that frequency to the
74	74	standing committees of the house of representatives and the senate
75	75	with jurisdiction over the financial assistance and supplemental
76	76	nutrition assistance programs.
77	77	SECTION 2. Section 730.007(c), Transportation Code, is
78	78	amended to read as follows:
79	79	(c) This section does not:
80	80	(1) prohibit the disclosure of a person's photographic
81	81	image to:
82	82	(A) a law enforcement agency, the Texas
83	83	Department of Motor Vehicles, a county tax assessor-collector, or a
84	84	criminal justice agency for an official purpose;
85	85	(B) an agency of this state investigating an
86	86	alleged violation of a state or federal law relating to the
87	87	obtaining, selling, or purchasing of a benefit authorized by
88	88	Chapter 31 or 33, Human Resources Code; [or]
89	89	(C) an agency of this state investigating an
90	90	alleged violation of a state or federal law under authority
91	91	provided by Title 4, Labor Code; or
92	92	(D) the Health and Human Services Commission for
93	93	use on an electronic benefits transfer card as required by Section
94	94	531.0911, Government Code; or
95	95	(2) prevent a court from compelling by subpoena the
96	96	production of a person's photographic image.
97	97	SECTION 3. Notwithstanding Section 531.0911, Government
98	98	Code, as added by this Act, the Health and Human Services
99	99	Commission:
100	100	(1) is not required to issue electronic benefits
101	101	transfer cards that comply with that section until September 1,
102	102	2020, but is required to begin issuing cards that comply with that
103	103	section beginning on that date; and
104	104	(2) shall ensure that on or before August 31, 2022,
105	105	each electronic benefits transfer card used to deliver benefits to
106	106	recipients under the financial assistance program under Chapter 31,
107	107	Human Resources Code, or the supplemental nutrition assistance
108	108	program under Chapter 33, Human Resources Code, conforms to Section
109	109	531.0911, Government Code, as added by this Act.
110	110	SECTION 4. Notwithstanding Section 531.0912, Government
111	111	Code, as added by this Act, the Health and Human Services Commission
112	112	shall submit the first report required by that section not later
113	113	than December 1, 2020.
114	114	SECTION 5. If before implementing any provision of this Act
115	115	a state agency determines that a waiver or authorization from a
116	116	federal agency is necessary for implementation of that provision,
117	117	the agency affected by the provision shall request the waiver or
118	118	authorization and may delay implementing that provision until the
119	119	waiver or authorization is granted.
120	120	SECTION 6. This Act takes effect September 1, 2019.