Benefit Card Photo Rule Exempts Anyone Without A DPS Photo

The text as introduced · 886 words

89R4743 AND-F

By: Creighton
S.B. No. 1183

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.