BILL ANALYSIS

HUMAN SERVICES
HB 2123
By: Maxey
3-24-97
Committee Report (Unamended)


BACKGROUND

In November, 1995, Texas launched a statewide electronic benefit transfer
(EBT) program that allows recipients to access food stamp and welfare
benefits with the Lone Star card.  The card is a debit card similar to an
automated teller machine card that can be used to make purchases at retail
outlets.  The Department of Human Services (DHS) administers the program.
The U.S. Department of Agriculture (USDA) approves all retail applicants
interested in participating in the program.  The USDA is responsible for
ensuring compliance with the program and managing retail relationships.
The state's EBT contractor is responsible for providing stores equipment
and training to use the cards. 

The USDA has limited resources on food stamp certification and
retailer-related fraud enforcement.  Most stores are approved without an
on-site visit.  An on-site inspection is often the only way to ensure that
a store complies with requirements to participate in the EBT program and
to identify retailers, using techniques not available prior to EBT, who
traffic in fraudulent food stamp sales. 

EBT provides DHS' auditors and investigators with management and
statistical reports that allow them to monitor suspicious activities on an
ongoing basis.  The system can assist DHS to detect duplicate accounts and
redundant information. Moreover, the program can provide the Office of
Inspector General and the USDA with information to monitor transaction
data and and conduct desk audits, as-well-as, identify ineligible
retailers. 
 
PURPOSE

The purpose of this legislation is to direct the Texas Department of Human
Services to improve its efforts to prevent fraud in its electronic benefit
transfer program. 

RULEMAKING AUTHORITY

In section 1 (a), the Department of Human Services is directed to develop
and implement policies and procedures designed to improve the department's
electronic benifits transfer cards discribed in the section.  

SECTION-BY-SECTION ANALYSIS

Section 1. This section amends Chapter 22, Human Resources Code, by adding
Sec. 22.0255 as      follows: 

Sec. 22.0255. Returned-Mail Reduction.

 (a) directs the department (DHS) to implement policies and procedures to
improve  EBT cards used in federal and state entitlement programs. 

 (b) DHS shall set an annual goal of reducing the amount of returned
mail it receives under the programs described in subsection (a) to within
one    percentage rate of returned mail reported annually by credit and
debit card    industries. 

 (c) DHS shall send a biennial report to the governor, legislature, and
LBB     detailing progress made in reaching goals in subsection (b). 

Section 2. This section amends Section 22.027, Human Resources Code, by
adding subsections (e) and (f) to read as follows: 

 (e) DHS and comptroller shall cross-train agency staff who work in fraud
prevention and  detection to enable staff to identify and report
fraudulent activity in programs    administered by the other agency. 

 (f) local law enforcement agencies that seize an EBT card shall notify
the agency of the  seizure and return the cards to DHS.  DHS will given
written notice to the agencies to  ensure law enforcement officials are
aware of this requirement. 

Section 3. This section amends Chapter 33, Human Resources Code, by adding
sections 33.0022 and 33.023. 

 Section 33.0022. Fraud Prevention in Food Stamp Program. 
 
  (a) the EBT system operator shall report to DHS and the USDA suspicious
activity relating to a retailer's participation in EBT including
noticeable absence of staple food products, low supply of staple food
products in relation to other items in inventory, or improper food stamp
redemption. 

  (b) DHS shall determine whether the retailer is eligible to receive free
point-of  sale terminals. 

  (c) DHS shall report on at least a quarterly basis any information
reported under   subsection (a) to the Public Assistance Fraud Oversight
Task Force. 

  (d) defines "retailer" as a business approved for participation in the
food stamp   program. 

 Section 33.0023. Food Stamp Information Matching System.

  (a) DHS shall, through the use of a computerized matching system,
compare, at   least semiannually, food stamp transactions and redemptions
of retailers and   recipients with information obtained from the
comptroller and other appropriate   state agencies relating to those
recipients and retailers. 

  (b) DHS, the comptroller, and other agencies shall protect the
confidentiality of   information provided under this section. 

  (c) defines "retailer" as a business approved for participation in the
food stamp   program. 

Section 4. This section amends subchapter B, Chapter 31, Human Resources
Code, by adding section 31.043 to read as follows: 

 Section 31.043. Inactive EBT Accounts.

  (a) this section applies only to an account which financial assistance
has been   transferred under the EBT system for access and use by a
recipient of that     assistance. 

  (b) DHS shall close and account that has not been used by the account
holder   during the preceding 12 months. 

  (c) the comptroller shall withdraw any unused benefits in the account
and disburse   the benefits as authorized by federal and state law. 
 
Section 5. Emergency clause.