89R4053 LRM-D
By: A. Davis of Dallas H.B. No. 4761
A BILL TO BE ENTITLED
AN ACT
relating to the summer electronic benefits transfer for children
program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 33, Human Resources Code, is amended by
adding Subchapter C to read as follows:
SUBCHAPTER C. SUMMER ELECTRONIC BENEFITS TRANSFER FOR CHILDREN
PROGRAM
Sec. 33.101. DEFINITIONS. In this subchapter:
(1) "Agency" means the Texas Education Agency.
(2) "Eligible child" means a child described by
Section 33.104(a).
(3) "Program" means the summer electronic benefits
transfer for children program.
Sec. 33.102. PROGRAM DEVELOPMENT AND IMPLEMENTATION. (a)
The commission, with assistance from the department and the agency,
shall develop and implement the summer electronic benefits transfer
for children program to ensure continued access by eligible
children to food during the summer months in which public schools
are not in regular session. The program must be designed in a
manner that meets the requirements of 42 U.S.C. Section 1762,
subject to Subsection (b).
(b) In developing the program, the commission, department,
and agency shall:
(1) identify program elements that, if granted
flexibility from the United States Department of Health and Human
Services with respect to the elements, would enhance the
effectiveness of the program in ensuring continued access to food
by eligible children during the summer months; and
(2) actively seek approval from that federal agency
for that flexibility.
Sec. 33.103. MEMORANDUM OF UNDERSTANDING; INFORMATION
SHARING. (a) The commission, department, and agency shall enter
into a memorandum of understanding defining the roles and
responsibilities of each agency with respect to the program's
implementation.
(b) The commission, department, and agency may share with
each other information relevant to the program's operation.
Information shared as provided by this subsection must be kept
confidential except to the extent another law authorizes or
requires disclosure of that information.
Sec. 33.104. PROGRAM ELIGIBILITY AND ENROLLMENT. (a) A
child described by 42 U.S.C. Section 1762(c)(1)(A) or (B) is
eligible for program benefits.
(b) The commission shall ensure automatic enrollment in the
program of a child described by 42 U.S.C. Section 1762(c)(1)(A)
without further application, except that the commission shall
provide a process by which the parent or guardian of a child
eligible for automatic enrollment may opt out of participation in
the program.
(c) The commission by rule shall provide for an application
and eligibility determination process for a child described by 42
U.S.C. Section 1762(c)(1)(B).
Sec. 33.105. PROGRAM BENEFITS. (a) The commission shall
provide program benefits to each eligible child who enrolls in the
program through an electronic benefits transfer card or another
electronic method.
(b) Program benefits may be used only to purchase food
consistent with 42 U.S.C. Section 1762(b)(1)(A).
Sec. 33.106. FUNDING. The commission, department, and
agency shall actively seek and apply for any available federal
money or grants from any source to assist in financing the program.
Sec. 33.107. RULES. The executive commissioner may adopt
rules necessary to implement this subchapter.
SECTION 2. 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 3. This Act takes effect September 1, 2025.