Texas 2025 - 89th Regular

Texas Senate Bill SB1183 Compare Versions

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

Old	New	Differences
1	1	89R4743 AND-F
2	2	By: Creighton S.B. No. 1183
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5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to electronic benefits transfer cards used by or for
10	10	recipients of benefits under certain assistance programs.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter B, Chapter 545, Government Code, as
13	13	effective April 1, 2025, is amended by adding Sections 545.0058 and
14	14	545.0059 to read as follows:
15	15	Sec. 545.0058. PHOTOGRAPH AND OTHER INFORMATION ON CERTAIN
16	16	ELECTRONIC BENEFITS TRANSFER CARDS. (a) In this section:
17	17	(1) "Financial assistance program" means the
18	18	financial assistance program established under Chapter 31, Human
19	19	Resources Code.
20	20	(2) "Recipient" means a person who receives benefits
21	21	under the financial assistance program or the supplemental
22	22	nutrition assistance program.
23	23	(3) "Supplemental nutrition assistance program" has
24	24	the meaning assigned by Section 33.0005, Human Resources Code.
25	25	(b) Subject to Subsection (d), the commission shall ensure
26	26	that the front side of each electronic benefits transfer card used
27	27	by a recipient or other person authorized on the recipient's
28	28	account for purposes of receiving benefits under the financial
29	29	assistance program or the supplemental nutrition assistance
30	30	program displays:
31	31	(1) the name and photograph of the recipient or other
32	32	authorized person, as appropriate;
33	33	(2) the words "Fraud Hotline" followed by the
34	34	telephone number of the commission's toll-free hotline for
35	35	reporting suspected fraud required under Section 544.0202(b)(2);
36	36	and
37	37	(3) the Internet website address maintained by the
38	38	commission for the purpose of allowing persons to report suspected
39	39	fraud in either the financial assistance program or the
40	40	supplemental nutrition assistance program.
41	41	(c) The Department of Public Safety shall provide to the
42	42	commission the photographs of a recipient and each person
43	43	authorized on the recipient's account that the department has in
44	44	its records. The commission shall use the photographs for purposes
45	45	of complying with Subsection (b)(1). The commission and the
46	46	department may enter into a memorandum of understanding for
47	47	purposes of this subsection.
48	48	(d) A recipient or other person authorized on the
49	49	recipient's account is exempt from the photograph requirement
50	50	imposed by Subsection (b) if:
51	51	(1) the recipient or other authorized person is:
52	52	(A) 65 years of age or older;
53	53	(B) younger than 19 years of age;
54	54	(C) blind;
55	55	(D) disabled;
56	56	(E) a victim of domestic violence;
57	57	(F) homeless; or
58	58	(G) issued the electronic benefits transfer card
59	59	at a field, regional, or other local commission office; or
60	60	(2) the Department of Public Safety does not provide a
61	61	photograph of the recipient or other authorized person to the
62	62	commission under Subsection (c).
63	63	(e) The executive commissioner may adopt rules necessary to
64	64	implement this section.
65	65	Sec. 545.0059. MONITORING AND REPORTING OF ELECTRONIC
66	66	BENEFITS TRANSFER CARD REPLACEMENT REQUESTS. (a) In this section
67	67	"financial assistance program," "recipient," and "supplemental
68	68	nutrition assistance program" have the meanings assigned by Section
69	69	545.0058.
70	70	(b) The commission shall monitor the frequency with which
71	71	recipients request replacements of their electronic benefits
72	72	transfer cards used for purposes of receiving benefits under the
73	73	financial assistance program or the supplemental nutrition
74	74	assistance program. Not later than December 1 of each year, the
75	75	commission shall submit a report regarding that frequency to the
76	76	standing committees of the house of representatives and the senate
77	77	with jurisdiction over the financial assistance and supplemental
78	78	nutrition assistance programs.
79	79	SECTION 2. Section 730.007(c), Transportation Code, is
80	80	amended to read as follows:
81	81	(c) This section does not:
82	82	(1) prohibit the disclosure of a person's photographic
83	83	image to:
84	84	(A) a law enforcement agency, the Texas
85	85	Department of Motor Vehicles, a county tax assessor-collector, or a
86	86	criminal justice agency for an official purpose;
87	87	(B) an agency of this state investigating an
88	88	alleged violation of a state or federal law relating to the
89	89	obtaining, selling, or purchasing of a benefit authorized by
90	90	Chapter 31 or 33, Human Resources Code; [or]
91	91	(C) an agency of this state investigating an
92	92	alleged violation of a state or federal law under authority
93	93	provided by Title 4, Labor Code; or
94	94	(D) the Health and Human Services Commission for
95	95	use on an electronic benefits transfer card as required by Section
96	96	545.0058, Government Code; or
97	97	(2) prevent a court from compelling by subpoena the
98	98	production of a person's photographic image.
99	99	SECTION 3. Notwithstanding Section 545.0058, Government
100	100	Code, as added by this Act, the Health and Human Services
101	101	Commission:
102	102	(1) is not required to issue electronic benefits
103	103	transfer cards that comply with that section until September 1,
104	104	2026, but is required to begin issuing cards that comply with that
105	105	section beginning on that date; and
106	106	(2) shall ensure that on or before August 31, 2028,
107	107	each electronic benefits transfer card used to deliver benefits to
108	108	recipients under the financial assistance program under Chapter 31,
109	109	Human Resources Code, or the supplemental nutrition assistance
110	110	program under Chapter 33, Human Resources Code, conforms to Section
111	111	545.0058, Government Code, as added by this Act.
112	112	SECTION 4. Notwithstanding Section 545.0059, Government
113	113	Code, as added by this Act, the Health and Human Services Commission
114	114	shall submit the first report required by that section not later
115	115	than December 1, 2026.
116	116	SECTION 5. If before implementing any provision of this Act
117	117	a state agency determines that a waiver or authorization from a
118	118	federal agency is necessary for implementation of that provision,
119	119	the agency affected by the provision shall request the waiver or
120	120	authorization and may delay implementing that provision until the
121	121	waiver or authorization is granted.
122	122	SECTION 6. This Act takes effect September 1, 2025.