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  85R1364 ADM-F
 
  By: Creighton S.B. No. 1443
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to electronic benefits transfer cards used for 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 (c), the commission shall ensure
  that the front side of each electronic benefits transfer card used
  by a recipient, or other person authorized on the recipient's
  account, 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 or other
  authorized person, as appropriate;
               (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)  A recipient, or other person authorized on the
  recipient's account, as appropriate, is exempt from the photograph
  requirement imposed by Subsection (b) if the person is:
               (1)  65 years of age or older;
               (2)  younger than 19 years of age;
               (3)  blind;
               (4)  disabled; or
               (5)  a victim of domestic violence.
         (d)  The executive commissioner may adopt rules necessary to
  implement Subsection (c).
         SECTION 2.  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. 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.
         SECTION 3.  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 4.  This Act takes effect September 1, 2017.