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A BILL TO BE ENTITLED
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AN ACT
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relating to electronic benefits transfer cards used by recipients |
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of benefits under certain assistance programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 531, Government Code, is |
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amended by adding Section 531.0911 to read as follows: |
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Sec. 531.0911. PHOTOGRAPH AND OTHER INFORMATION ON CERTAIN |
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ELECTRONIC BENEFITS TRANSFER CARDS. (a) In this section: |
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(1) "Financial assistance program" means the |
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financial assistance program established under Chapter 31, Human |
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Resources Code. |
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(2) "Recipient" means a person who receives benefits |
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under the financial assistance program or the supplemental |
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nutrition assistance program. |
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(3) "Supplemental nutrition assistance program" has |
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the meaning assigned by Section 33.0005, Human Resources Code. |
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(b) Subject to Subsection (d), the commission shall ensure |
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that the front side of each electronic benefits transfer card used |
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by a recipient for purposes of receiving benefits under the |
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financial assistance program or the supplemental nutrition |
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assistance program displays: |
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(1) the name and photograph of the recipient; |
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(2) the words "Fraud Hotline" followed by the |
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telephone number of the commission's toll-free hotline for |
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reporting suspected fraud required under Section 531.108(b)(2); |
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and |
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(3) the Internet website address maintained by the |
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commission for the purpose of allowing persons to report suspected |
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fraud in either the financial assistance program or the |
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supplemental nutrition assistance program. |
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(c) The Department of Public Safety shall provide to the |
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commission the photograph of a recipient that the department has in |
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its records for purposes of complying with Subsection (b)(1). The |
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commission and the department may enter into a memorandum of |
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understanding for purposes of this subsection. |
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(d) A recipient is exempt from the photograph requirement |
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imposed by Subsection (b) if: |
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(1) the recipient is: |
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(A) 65 years of age or older; |
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(B) younger than 19 years of age; |
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(C) blind; |
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(D) disabled; |
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(E) a victim of domestic violence; |
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(F) homeless; or |
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(G) issued the electronic benefits transfer card |
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at a field, regional, or other local commission office; or |
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(2) the Department of Public Safety does not have a |
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photograph of the recipient available. |
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(e) The executive commissioner may adopt rules necessary to |
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implement this section. |
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SECTION 2. Section 730.007(c), Transportation Code, is |
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amended to read as follows: |
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(c) This section does not: |
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(1) prohibit the disclosure of a person's photographic |
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image to: |
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(A) a law enforcement agency, the Texas |
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Department of Motor Vehicles, a county tax assessor-collector, or a |
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criminal justice agency for an official purpose; |
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(B) an agency of this state investigating an |
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alleged violation of a state or federal law relating to the |
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obtaining, selling, or purchasing of a benefit authorized by |
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Chapter 31 or 33, Human Resources Code; [or] |
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(C) an agency of this state investigating an |
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alleged violation of a state or federal law under authority |
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provided by Title 4, Labor Code; or |
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(D) the Health and Human Services Commission for |
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use on an electronic benefits transfer card as required by Section |
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531.0911, Government Code; or |
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(2) prevent a court from compelling by subpoena the |
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production of a person's photographic image. |
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SECTION 3. (a) Except as provided by Subsection (b) of |
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this section: |
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(1) notwithstanding Section 531.0911, Government |
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Code, as added by this Act, the Health and Human Services Commission |
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is not required to issue electronic benefits transfer cards that |
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comply with that section until September 1, 2018, but is required to |
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begin issuing cards that comply with that section beginning on that |
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date; and |
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(2) the commission shall ensure that on or before |
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August 31, 2020, each electronic benefits transfer card used to |
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deliver benefits to recipients under the financial assistance |
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program under Chapter 31, Human Resources Code, or the supplemental |
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nutrition assistance program under Chapter 33, Human Resources |
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Code, conforms to Section 531.0911, Government Code, as added by |
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this Act. |
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(b) The Health and Human Services Commission is required to |
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implement this Act only if the legislature appropriates money |
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specifically for that purpose. If the legislature does not |
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appropriate money specifically for that purpose, the commission |
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may, but is not required to, implement this Act using other |
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appropriations available for the purpose. |
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SECTION 4. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 5. This Act takes effect September 1, 2017. |