SB1183 - Relating to electronic benefits transfer cards used by or for recipients of benefits under certain assistance programs.

      By: Creighton, Bettencourt S.B. No. 1183       Kolkhorst     A BILL TO BE ENTITLED   AN ACT   relating to electronic benefits transfer cards used by or for   recipients of benefits under certain assistance programs.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter B, Chapter 545, Government Code, as   effective April 1, 2025, is amended by adding Sections 545.0058 and   545.0059 to read as follows:           Sec.   545.0058.     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 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 544.0202(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 photographs of a recipient and each person   authorized on the recipient's account that the department has in   its records.   The commission shall use the photographs 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 or other person authorized on the   recipient's account is exempt from the photograph requirement   imposed by Subsection (b) if:                 (1)  the recipient or other authorized person 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 provide a   photograph of the recipient or other authorized person to the   commission under Subsection (c).           (e)     The executive commissioner may adopt rules necessary to   implement this section.           Sec.   545.0059.     MONITORING AND REPORTING OF ELECTRONIC   BENEFITS TRANSFER CARD REPLACEMENT REQUESTS. (a) In this section   "financial assistance program," "recipient," and "supplemental   nutrition assistance program" have the meanings assigned by Section   545.0058.           (b)     The commission shall monitor the frequency with which   recipients request replacements of their electronic benefits   transfer cards used for purposes of receiving benefits under the   financial assistance program or the supplemental nutrition   assistance program.   Not later than December 1 of each year, the   commission shall submit a report regarding that frequency to the   standing committees of the house of representatives and the senate   with jurisdiction over the financial assistance and supplemental   nutrition assistance programs.          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   545.0058, Government Code; or                (2)  prevent a court from compelling by subpoena the   production of a person's photographic image.          SECTION 3.  Notwithstanding Section 545.0058, Government   Code, as added by this Act, the Health and Human Services   Commission:                (1)  is not required to issue electronic benefits   transfer cards that comply with that section until September 1,   2026, but is required to begin issuing cards that comply with that   section beginning on that date; and                (2)  shall ensure that on or before August 31, 2028,   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   545.0058, Government Code, as added by this Act.          SECTION 4.  Notwithstanding Section 545.0059, Government   Code, as added by this Act, the Health and Human Services Commission   shall submit the first report required by that section not later   than December 1, 2026.          SECTION 5.  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 6.  This Act takes effect September 1, 2025.