Texas 2021 - 87th Regular

Texas Senate Bill SB866 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	87R5088 KFF-F
1	2		By: Creighton S.B. No. 866
2		-	(In the Senate - Filed March 1, 2021; March 11, 2021, read
3		-	first time and referred to Committee on Health & Human Services;
4		-	April 27, 2021, reported favorably by the following vote: Yeas 5,
5		-	Nays 4; April 27, 2021, sent to printer.)
6		-	Click here to see the committee vote
7	3
8	4
9	5		A BILL TO BE ENTITLED
10	6		AN ACT
11	7		relating to electronic benefits transfer cards used by or for
12	8		recipients of benefits under certain assistance programs.
13	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	10		SECTION 1. Subchapter B, Chapter 531, Government Code, is
15	11		amended by adding Sections 531.0911 and 531.0912 to read as
16	12		follows:
17	13		Sec. 531.0911. PHOTOGRAPH AND OTHER INFORMATION ON CERTAIN
18	14		ELECTRONIC BENEFITS TRANSFER CARDS. (a) In this section:
19	15		(1) "Financial assistance program" means the
20	16		financial assistance program established under Chapter 31, Human
21	17		Resources Code.
22	18		(2) "Recipient" means a person who receives benefits
23	19		under the financial assistance program or the supplemental
24	20		nutrition assistance program.
25	21		(3) "Supplemental nutrition assistance program" has
26	22		the meaning assigned by Section 33.0005, Human Resources Code.
27	23		(b) Subject to Subsection (d), the commission shall ensure
28	24		that the front side of each electronic benefits transfer card used
29	25		by a recipient or other person authorized on the recipient's
30	26		account for purposes of receiving benefits under the financial
31	27		assistance program or the supplemental nutrition assistance
32	28		program displays:
33	29		(1) the name and photograph of the recipient or other
34	30		authorized person, as appropriate;
35	31		(2) the words "Fraud Hotline" followed by the
36	32		telephone number of the commission's toll-free hotline for
37	33		reporting suspected fraud required under Section 531.108(b)(2);
38	34		and
39	35		(3) the Internet website address maintained by the
40	36		commission for the purpose of allowing persons to report suspected
41	37		fraud in either the financial assistance program or the
42	38		supplemental nutrition assistance program.
43	39		(c) The Department of Public Safety shall provide to the
44	40		commission the photographs of a recipient and each person
45	41		authorized on the recipient's account that the department has in
46	42		its records. The commission shall use the photographs for purposes
47	43		of complying with Subsection (b)(1). The commission and the
48	44		department may enter into a memorandum of understanding for
49	45		purposes of this subsection.
50	46		(d) A recipient or other person authorized on the
51	47		recipient's account is exempt from the photograph requirement
52	48		imposed by Subsection (b) if:
53	49		(1) the recipient or other authorized person is:
54	50		(A) 65 years of age or older;
55	51		(B) younger than 19 years of age;
56	52		(C) blind;
57	53		(D) disabled;
58	54		(E) a victim of domestic violence;
59	55		(F) homeless; or
60	56		(G) issued the electronic benefits transfer card
61	57		at a field, regional, or other local commission office; or
62	58		(2) the Department of Public Safety does not provide a
63	59		photograph of the recipient or other authorized person to the
64	60		commission under Subsection (c).
65	61		(e) The executive commissioner may adopt rules necessary to
66	62		implement this section.
67	63		Sec. 531.0912. MONITORING AND REPORTING OF ELECTRONIC
68	64		BENEFITS TRANSFER CARD REPLACEMENT REQUESTS. (a) In this section
69	65		"financial assistance program," "recipient," and "supplemental
70	66		nutrition assistance program" have the meanings assigned by Section
71	67		531.0911.
72	68		(b) The commission shall monitor the frequency with which
73	69		recipients request replacements of their electronic benefits
74	70		transfer cards used for purposes of receiving benefits under the
75	71		financial assistance program or the supplemental nutrition
76	72		assistance program. Not later than December 1 of each year, the
77	73		commission shall submit a report regarding that frequency to the
78	74		standing committees of the house of representatives and the senate
79	75		with jurisdiction over the financial assistance and supplemental
80	76		nutrition assistance programs.
81	77		SECTION 2. Section 730.007(c), Transportation Code, is
82	78		amended to read as follows:
83	79		(c) This section does not:
84	80		(1) prohibit the disclosure of a person's photographic
85	81		image to:
86	82		(A) a law enforcement agency, the Texas
87	83		Department of Motor Vehicles, a county tax assessor-collector, or a
88	84		criminal justice agency for an official purpose;
89	85		(B) an agency of this state investigating an
90	86		alleged violation of a state or federal law relating to the
91	87		obtaining, selling, or purchasing of a benefit authorized by
92	88		Chapter 31 or 33, Human Resources Code; [or]
93	89		(C) an agency of this state investigating an
94	90		alleged violation of a state or federal law under authority
95	91		provided by Title 4, Labor Code; or
96	92		(D) the Health and Human Services Commission for
97	93		use on an electronic benefits transfer card as required by Section
98	94		531.0911, Government Code; or
99	95		(2) prevent a court from compelling by subpoena the
100	96		production of a person's photographic image.
101	97		SECTION 3. Notwithstanding Section 531.0911, Government
102	98		Code, as added by this Act, the Health and Human Services
103	99		Commission:
104	100		(1) is not required to issue electronic benefits
105	101		transfer cards that comply with that section until September 1,
106	102		2022, but is required to begin issuing cards that comply with that
107	103		section beginning on that date; and
108	104		(2) shall ensure that on or before August 31, 2024,
109	105		each electronic benefits transfer card used to deliver benefits to
110	106		recipients under the financial assistance program under Chapter 31,
111	107		Human Resources Code, or the supplemental nutrition assistance
112	108		program under Chapter 33, Human Resources Code, conforms to Section
113	109		531.0911, Government Code, as added by this Act.
114	110		SECTION 4. Notwithstanding Section 531.0912, Government
115	111		Code, as added by this Act, the Health and Human Services Commission
116	112		shall submit the first report required by that section not later
117	113		than December 1, 2022.
118	114		SECTION 5. If before implementing any provision of this Act
119	115		a state agency determines that a waiver or authorization from a
120	116		federal agency is necessary for implementation of that provision,
121	117		the agency affected by the provision shall request the waiver or
122	118		authorization and may delay implementing that provision until the
123	119		waiver or authorization is granted.
124	120		SECTION 6. This Act takes effect September 1, 2021.
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