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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of supplemental nutrition assistance program |
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benefits by electronic benefits transfer. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 33, Human Resources Code, |
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is amended by adding Sections 33.0232 and 33.030 to read as follows: |
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Sec. 33.0232. IDENTITY VERIFICATION TO USE BENEFITS. (a) |
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In this section, "retailer" means a business approved for |
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participation in the supplemental nutrition assistance program and |
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includes an employee of the business. |
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(b) A retailer may not allow a recipient of supplemental |
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nutrition assistance program benefits who receives the benefits by |
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electronic benefits transfer to an account, or other person |
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authorized to use the account to make purchases on behalf of the |
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recipient, to use the account to make a purchase unless the |
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recipient or other person presents documentation verifying the |
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person's identity as the person authorized to use the account. |
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(c) To verify the person's identity under Subsection (b), a |
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person may present any document that reasonably establishes the |
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person's identity, including: |
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(1) a driver's license; |
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(2) a work or school identification card; |
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(3) an identification card for health benefits or for |
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another assistance or social services program; |
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(4) a voter registration card; |
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(5) a wage stub; or |
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(6) a birth certificate. |
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(d) A retailer may not require a person to present a |
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specific type of document to verify the person's identity under |
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Subsection (b). |
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(e) The executive commissioner shall adopt rules to require |
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that a recipient, or other person authorized to use the recipient's |
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account, for purposes of receiving benefits under the supplemental |
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nutrition assistance program, be issued an electronic benefits |
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transfer card that displays the name of the recipient or other |
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authorized person, as applicable. |
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Sec. 33.030. NOTICE OF PENALTY. (a) In this section, |
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"retailer" means a business approved for participation in the |
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supplemental nutrition assistance program. |
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(b) A retailer shall notify its customers of the penalties |
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under Section 33.011 for the unauthorized use of a supplemental |
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nutrition assistance program electronic benefits transfer card by: |
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(1) displaying a sign, at a location where the public |
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can reasonably see the sign, that states: "By using a supplemental |
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nutrition assistance program electronic benefits transfer (EBT) |
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card, or 'Lone Star Card,' you certify that you are authorized to |
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use the card. Unauthorized use of the card is a criminal offense |
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punishable as a Class A misdemeanor or a felony of the third |
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degree."; or |
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(2) electronically displaying the statement in |
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Subdivision (1) at the point of sale terminal for each transaction |
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involving the use of a supplemental nutrition assistance program |
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electronic benefits transfer card. |
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(c) A retailer shall display the statement in Subsection (b) |
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in English and in another language spoken by a substantial portion |
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of the retailer's customers. |
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SECTION 2. Not later than December 1, 2017, the executive |
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commissioner of the Health and Human Services Commission shall: |
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(1) adopt rules required under Section 33.0232(e), |
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Human Resources Code, as added by this Act; and |
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(2) ensure the issuance of new electronic benefits |
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transfer cards to appropriate recipients under the supplemental |
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nutrition assistance program under Chapter 33, Human Resources |
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Code, in accordance with Section 33.0232(e), Human Resources Code, |
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as added by this Act. |
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SECTION 3. Notwithstanding Section 33.0232, Human |
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Resources Code, as added by this Act, a retailer may not require the |
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user of an electronic benefits transfer card to present |
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documentation verifying the user's identity in accordance with that |
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section until December 1, 2017. |
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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. |