Summer EBT for kids when school’s out

The text as introduced · 560 words

89R4053 LRM-D

By: A. Davis of Dallas
H.B. No. 4761

A BILL TO BE ENTITLED

AN ACT

relating to the summer electronic benefits transfer for children

program.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 33, Human Resources Code, is amended by

adding Subchapter C to read as follows:

SUBCHAPTER C. SUMMER ELECTRONIC BENEFITS TRANSFER FOR CHILDREN

PROGRAM

Sec. 33.101. DEFINITIONS. In this subchapter:

(1) "Agency" means the Texas Education Agency.

(2) "Eligible child" means a child described by

Section 33.104(a).

(3) "Program" means the summer electronic benefits

transfer for children program.

Sec. 33.102. PROGRAM DEVELOPMENT AND IMPLEMENTATION. (a)

The commission, with assistance from the department and the agency,

shall develop and implement the summer electronic benefits transfer

for children program to ensure continued access by eligible

children to food during the summer months in which public schools

are not in regular session. The program must be designed in a

manner that meets the requirements of 42 U.S.C. Section 1762,

subject to Subsection (b).

(b) In developing the program, the commission, department,

and agency shall:

(1) identify program elements that, if granted

flexibility from the United States Department of Health and Human

Services with respect to the elements, would enhance the

effectiveness of the program in ensuring continued access to food

by eligible children during the summer months; and

(2) actively seek approval from that federal agency

for that flexibility.

Sec. 33.103. MEMORANDUM OF UNDERSTANDING; INFORMATION

SHARING. (a) The commission, department, and agency shall enter

into a memorandum of understanding defining the roles and

responsibilities of each agency with respect to the program's

implementation.

(b) The commission, department, and agency may share with

each other information relevant to the program's operation.

Information shared as provided by this subsection must be kept

confidential except to the extent another law authorizes or

requires disclosure of that information.

Sec. 33.104. PROGRAM ELIGIBILITY AND ENROLLMENT. (a) A

child described by 42 U.S.C. Section 1762(c)(1)(A) or (B) is

eligible for program benefits.

(b) The commission shall ensure automatic enrollment in the

program of a child described by 42 U.S.C. Section 1762(c)(1)(A)

without further application, except that the commission shall

provide a process by which the parent or guardian of a child

eligible for automatic enrollment may opt out of participation in

the program.

(c) The commission by rule shall provide for an application

and eligibility determination process for a child described by 42

U.S.C. Section 1762(c)(1)(B).

Sec. 33.105. PROGRAM BENEFITS. (a) The commission shall

provide program benefits to each eligible child who enrolls in the

program through an electronic benefits transfer card or another

electronic method.

(b) Program benefits may be used only to purchase food

consistent with 42 U.S.C. Section 1762(b)(1)(A).

Sec. 33.106. FUNDING. The commission, department, and

agency shall actively seek and apply for any available federal

money or grants from any source to assist in financing the program.

Sec. 33.107. RULES. The executive commissioner may adopt

rules necessary to implement this subchapter.

SECTION 2. 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 3. This Act takes effect September 1, 2025.