74R8883 CBH-F By Raymond, Naishtat, Maxey H.B. No. 1062 Substitute the following for H.B. No. 1062: By Maxey C.S.H.B. No. 1062 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the establishment of a pilot program to develop 1-3 electronic benefits transfer systems that permit the use of food 1-4 stamps in farmers markets. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. PILOT PROGRAM. (a) The Texas Department of 1-7 Human Services by rule shall establish an electronic benefits 1-8 transfer (EBT) pilot program for farmers markets. 1-9 (b) In adopting rules under this section, the department 1-10 shall: 1-11 (1) follow the recommendations of the task force 1-12 created by Section 2 of this Act; and 1-13 (2) ensure that the pilot program is designed so that: 1-14 (A) EBT technology can be used at each farmers 1-15 market that currently accepts or is interested in accepting food 1-16 stamps in each county included in the program; and 1-17 (B) each farmer who currently accepts food 1-18 stamps at a farmers market in a county included in the program is 1-19 afforded the opportunity to participate in the EBT program. 1-20 (c) The department shall select two or more counties in 1-21 which to establish the pilot program. In selecting each county, 1-22 the department shall follow the recommendations of the task force 1-23 created by Section 2 of this Act. 1-24 (d) The department shall follow the recommendations of the 2-1 task force created by Section 2 of this Act in determining which 2-2 technology option to test in each location so as to ensure that the 2-3 task force has sufficient information to make a responsible 2-4 recommendation to the department regarding appropriate permanent 2-5 adoption of EBT to farmers markets. 2-6 SECTION 2. TASK FORCE. (a) An interagency task force is 2-7 created to advise and assist the Texas Department of Human Services 2-8 in: 2-9 (1) developing an EBT pilot program for farmers 2-10 markets; and 2-11 (2) selecting two or more counties in which to 2-12 establish the program. 2-13 (b) The task force is composed of: 2-14 (1) a representative of: 2-15 (A) the comptroller's office, appointed by the 2-16 comptroller; 2-17 (B) the Department of Agriculture, appointed by 2-18 the commissioner of agriculture; 2-19 (C) the Texas Department of Human Services, 2-20 appointed by the commissioner of human services; 2-21 (D) nonprofit organizations that work with 2-22 farmers markets and low-income communities, appointed by the 2-23 commissioner of human services; and 2-24 (E) each company with whom the department 2-25 contracts for the installation and operation of the EBT system, 2-26 appointed by the commissioner of human services; and 2-27 (2) a farmer who accepts food stamps at a Central 3-1 Texas farmers market, appointed by the Department of Agriculture. 3-2 (c) A member of the task force serves at the will of the 3-3 appointing agency. 3-4 (d) The task force shall elect a presiding officer and any 3-5 other necessary officers. 3-6 (e) The task force shall meet at least quarterly and at 3-7 other times as necessary at the call of the presiding officer. The 3-8 task force shall hold its first meeting not earlier than September 3-9 1, 1995, and not later than December 31, 1995, at the call of the 3-10 commissioner of human services. 3-11 (f) The appointing agency is responsible for the expenses of 3-12 a member's service on the task force. A member of the task force 3-13 receives no compensation for serving on the task force. 3-14 (g) The task force shall: 3-15 (1) establish goals for the pilot program; 3-16 (2) develop and submit to the Texas Department of 3-17 Human Services recommendations on the design and implementation of 3-18 the pilot program; and 3-19 (3) recommend to the Texas Department of Human 3-20 Services two or more counties in which to establish the program. 3-21 SECTION 3. REPORT. Not later than January 15, 1997, the 3-22 Texas Department of Human Services shall submit to the governor and 3-23 the 75th Legislature a report concerning the effectiveness of the 3-24 pilot program. 3-25 SECTION 4. DEADLINES. (a) The appointing agencies shall 3-26 appoint the members of the task force established by Section 2 of 3-27 this Act not later than September 1, 1995. 4-1 (b) The Texas Department of Human Services shall establish 4-2 the pilot program required by this Act not later than January 1, 4-3 1996. 4-4 SECTION 5. EXPIRATION DATE. This Act expires September 1, 4-5 1997. 4-6 SECTION 6. EMERGENCY. The importance of this legislation 4-7 and the crowded condition of the calendars in both houses create an 4-8 emergency and an imperative public necessity that the 4-9 constitutional rule requiring bills to be read on three several 4-10 days in each house be suspended, and this rule is hereby suspended, 4-11 and that this Act take effect and be in force from and after its 4-12 passage, and it is so enacted.