Texas 2025 - 89th Regular

Texas House Bill HB4761 Compare Versions

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

Old	New	Differences
1	1	89R4053 LRM-D
2	2	By: A. Davis of Dallas H.B. No. 4761
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the summer electronic benefits transfer for children
10	10	program.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 33, Human Resources Code, is amended by
13	13	adding Subchapter C to read as follows:
14	14	SUBCHAPTER C. SUMMER ELECTRONIC BENEFITS TRANSFER FOR CHILDREN
15	15	PROGRAM
16	16	Sec. 33.101. DEFINITIONS. In this subchapter:
17	17	(1) "Agency" means the Texas Education Agency.
18	18	(2) "Eligible child" means a child described by
19	19	Section 33.104(a).
20	20	(3) "Program" means the summer electronic benefits
21	21	transfer for children program.
22	22	Sec. 33.102. PROGRAM DEVELOPMENT AND IMPLEMENTATION. (a)
23	23	The commission, with assistance from the department and the agency,
24	24	shall develop and implement the summer electronic benefits transfer
25	25	for children program to ensure continued access by eligible
26	26	children to food during the summer months in which public schools
27	27	are not in regular session. The program must be designed in a
28	28	manner that meets the requirements of 42 U.S.C. Section 1762,
29	29	subject to Subsection (b).
30	30	(b) In developing the program, the commission, department,
31	31	and agency shall:
32	32	(1) identify program elements that, if granted
33	33	flexibility from the United States Department of Health and Human
34	34	Services with respect to the elements, would enhance the
35	35	effectiveness of the program in ensuring continued access to food
36	36	by eligible children during the summer months; and
37	37	(2) actively seek approval from that federal agency
38	38	for that flexibility.
39	39	Sec. 33.103. MEMORANDUM OF UNDERSTANDING; INFORMATION
40	40	SHARING. (a) The commission, department, and agency shall enter
41	41	into a memorandum of understanding defining the roles and
42	42	responsibilities of each agency with respect to the program's
43	43	implementation.
44	44	(b) The commission, department, and agency may share with
45	45	each other information relevant to the program's operation.
46	46	Information shared as provided by this subsection must be kept
47	47	confidential except to the extent another law authorizes or
48	48	requires disclosure of that information.
49	49	Sec. 33.104. PROGRAM ELIGIBILITY AND ENROLLMENT. (a) A
50	50	child described by 42 U.S.C. Section 1762(c)(1)(A) or (B) is
51	51	eligible for program benefits.
52	52	(b) The commission shall ensure automatic enrollment in the
53	53	program of a child described by 42 U.S.C. Section 1762(c)(1)(A)
54	54	without further application, except that the commission shall
55	55	provide a process by which the parent or guardian of a child
56	56	eligible for automatic enrollment may opt out of participation in
57	57	the program.
58	58	(c) The commission by rule shall provide for an application
59	59	and eligibility determination process for a child described by 42
60	60	U.S.C. Section 1762(c)(1)(B).
61	61	Sec. 33.105. PROGRAM BENEFITS. (a) The commission shall
62	62	provide program benefits to each eligible child who enrolls in the
63	63	program through an electronic benefits transfer card or another
64	64	electronic method.
65	65	(b) Program benefits may be used only to purchase food
66	66	consistent with 42 U.S.C. Section 1762(b)(1)(A).
67	67	Sec. 33.106. FUNDING. The commission, department, and
68	68	agency shall actively seek and apply for any available federal
69	69	money or grants from any source to assist in financing the program.
70	70	Sec. 33.107. RULES. The executive commissioner may adopt
71	71	rules necessary to implement this subchapter.
72	72	SECTION 2. If before implementing any provision of this Act
73	73	a state agency determines that a waiver or authorization from a
74	74	federal agency is necessary for implementation of that provision,
75	75	the agency affected by the provision shall request the waiver or
76	76	authorization and may delay implementing that provision until the
77	77	waiver or authorization is granted.
78	78	SECTION 3. This Act takes effect September 1, 2025.