By: Creighton, Schwertner S.B. No. 1443
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to electronic benefits transfer cards used by recipients
  of benefits under certain assistance programs.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 531, Government Code, is
  amended by adding Section 531.0911 to read as follows:
         Sec. 531.0911.  PHOTOGRAPH AND OTHER INFORMATION ON CERTAIN
  ELECTRONIC BENEFITS TRANSFER CARDS. (a)  In this section:
               (1)  "Financial assistance program" means the
  financial assistance program established under Chapter 31, Human
  Resources Code.
               (2)  "Recipient" means a person who receives benefits
  under the financial assistance program or the supplemental
  nutrition assistance program.
               (3)  "Supplemental nutrition assistance program" has
  the meaning assigned by Section 33.0005, Human Resources Code.
         (b)  Subject to Subsection (d), the commission shall ensure
  that the front side of each electronic benefits transfer card used
  by a recipient for purposes of receiving benefits under the
  financial assistance program or the supplemental nutrition
  assistance program displays:
               (1)  the name and photograph of the recipient;
               (2)  the words "Fraud Hotline" followed by the
  telephone number of the commission's toll-free hotline for
  reporting suspected fraud required under Section 531.108(b)(2);
  and
               (3)  the Internet website address maintained by the
  commission for the purpose of allowing persons to report suspected
  fraud in either the financial assistance program or the
  supplemental nutrition assistance program.
         (c)  The Department of Public Safety shall provide to the
  commission the photograph of a recipient that the department has in
  its records for purposes of complying with Subsection (b)(1). The
  commission and the department may enter into a memorandum of
  understanding for purposes of this subsection.
         (d)  A recipient is exempt from the photograph requirement
  imposed by Subsection (b) if:
               (1)  the recipient is:
                     (A)  65 years of age or older;
                     (B)  younger than 19 years of age;
                     (C)  blind;
                     (D)  disabled;
                     (E)  a victim of domestic violence;
                     (F)  homeless; or
                     (G)  issued the electronic benefits transfer card
  at a field, regional, or other local commission office; or
               (2)  the Department of Public Safety does not have a
  photograph of the recipient available.
         (e)  The executive commissioner may adopt rules necessary to
  implement this section.
         SECTION 2.  Section 730.007(c), Transportation Code, is
  amended to read as follows:
         (c)  This section does not:
               (1)  prohibit the disclosure of a person's photographic
  image to:
                     (A)  a law enforcement agency, the Texas
  Department of Motor Vehicles, a county tax assessor-collector, or a
  criminal justice agency for an official purpose;
                     (B)  an agency of this state investigating an
  alleged violation of a state or federal law relating to the
  obtaining, selling, or purchasing of a benefit authorized by
  Chapter 31 or 33, Human Resources Code; [or]
                     (C)  an agency of this state investigating an
  alleged violation of a state or federal law under authority
  provided by Title 4, Labor Code; or
                     (D)  the Health and Human Services Commission for
  use on an electronic benefits transfer card as required by Section
  531.0911, Government Code; or
               (2)  prevent a court from compelling by subpoena the
  production of a person's photographic image.
         SECTION 3.  (a)  Except as provided by Subsection (b) of
  this section:
               (1)  notwithstanding Section 531.0911, Government
  Code, as added by this Act, the Health and Human Services Commission
  is not required to issue electronic benefits transfer cards that
  comply with that section until September 1, 2018, but is required to
  begin issuing cards that comply with that section beginning on that
  date; and
               (2)  the commission shall ensure that on or before
  August 31, 2020, each electronic benefits transfer card used to
  deliver benefits to recipients under the financial assistance
  program under Chapter 31, Human Resources Code, or the supplemental
  nutrition assistance program under Chapter 33, Human Resources
  Code, conforms to Section 531.0911, Government Code, as added by
  this Act.
         (b)  The Health and Human Services Commission is required to
  implement this Act only if the legislature appropriates money
  specifically for that purpose.  If the legislature does not
  appropriate money specifically for that purpose, the commission
  may, but is not required to, implement this Act using other
  appropriations available for the purpose.
         SECTION 4.  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 5.  This Act takes effect September 1, 2017.