By Maxey                                        H.B. No. 2354

      75R2708 MCK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the use of electronic transfer and data matching in

 1-3     connection with certain benefits programs.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter B, Chapter 531, Government Code, is

 1-6     amended to conform to Section 8.10, Chapter 655, Acts of the 74th

 1-7     Legislature, Regular Session, 1995, by adding Section 531.045 to

 1-8     read as follows:

 1-9           Sec. 531.045.  INTERAGENCY TASK FORCE ON ELECTRONIC BENEFITS

1-10     TRANSFERS.  (a)  The interagency task force on electronic benefits

1-11     transfers shall advise and assist the commission in adding new

1-12     benefit programs to the statewide electronic benefits transfer

1-13     system.

1-14           (b)  The task force is composed of:

1-15                 (1)  a representative of:

1-16                       (A)  the attorney general's office, appointed by

1-17     the attorney general;

1-18                       (B)  the comptroller's office, appointed by the

1-19     comptroller;

1-20                       (C)  the commission, appointed by the

1-21     commissioner;

1-22                       (D)  the Texas Department of Health, appointed by

1-23     the commissioner of public health;

1-24                       (E)  the Texas Department of Human Services,

 2-1     appointed by the commissioner of human services;

 2-2                       (F)  the Texas Workforce Commission, appointed by

 2-3     the presiding officer of that agency; and

 2-4                       (G)  the Texas Rehabilitation Commission,

 2-5     appointed by the commissioner of that agency; and

 2-6                 (2)  two representatives of each of the following

 2-7     groups, appointed by the comptroller:

 2-8                       (A)  retailers who maintain electronic benefits

 2-9     transfer point-of-sale equipment;

2-10                       (B)  banks or owners of automatic teller

2-11     machines; and

2-12                       (C)  consumer or client advocacy organizations.

2-13           (c)  A member of the task force serves at the will of the

2-14     appointing agency.

2-15           (d)  The representative of the comptroller's office serves as

2-16     presiding officer.  The task force may elect any other necessary

2-17     officers.

2-18           (e)  The task force shall meet at the call of the presiding

2-19     officer.

2-20           (f)  The appointing agency is responsible for the expenses of

2-21     a member's service on the task force.  A member of the task force

2-22     is not entitled to additional compensation for serving on the task

2-23     force.

2-24           (g)  The task force shall:

2-25                 (1)  serve as this state's counterpoint to the federal

2-26     electronic benefits transfer task force;

2-27                 (2)  identify benefit programs that merit addition to

 3-1     this state's electronic benefits transfer system;

 3-2                 (3)  identify and address problems that may occur if a

 3-3     program is added;

 3-4                 (4)  pursue state-federal partnerships to facilitate

 3-5     the development and expansion of this state's electronic benefits

 3-6     transfer system;

 3-7                 (5)  track and distribute federal legislation and

 3-8     information from other states that relate to electronic benefits

 3-9     transfer systems;

3-10                 (6)  ensure efficiency and planning coordination in

3-11     relation to this state's electronic benefits transfer system;

3-12                 (7)  develop a plan using the experience and expertise

3-13     of the Department of Public Safety of the State of Texas for the

3-14     use of a photograph or other imaging technology on all electronic

3-15     benefits transfer cards and, if proven to be effective in reducing

3-16     fraud and misuse, begin using the new cards starting with

3-17     replacement cards for cards that were used in the program on June

3-18     13, 1995;

3-19                 (8)  review current and potential fraud problems with

3-20     electronic benefits transfer and propose methods to prevent or

3-21     deter fraud;

3-22                 (9)  evaluate the feasibility of adding the Medicaid

3-23     program to the state's electronic benefits transfer system; and

3-24                 (10)  develop a plan to assist beneficiaries of public

3-25     programs to obtain bank accounts.

3-26           (h)  In determining which benefit programs can be added to

3-27     this state's electronic benefits transfer system, the task force

 4-1     shall consider, at a minimum:

 4-2                 (1)  the savings to this state;

 4-3                 (2)  the ease of addition to existing infrastructure;

 4-4     and

 4-5                 (3)  the number of clients served.

 4-6           SECTION 2.  Sections 22.029(a) and (b), Human Resources Code,

 4-7     are amended to read as follows:

 4-8           (a)  In order to enhance the state's ability to detect and

 4-9     prevent fraud in the payment of claims under federal and state

4-10     entitlement programs, the Health and Human Services Commission

4-11     shall [may] implement a data matching project as described by

4-12     Subsection (b).

4-13           (b)  The project shall involve the matching of database

4-14     information among all agencies using electronic funds transfer and

4-15     other participating agencies.  The commission shall contract

4-16     through a memorandum of understanding with each agency

4-17     participating in the project.  After the data has been matched, the

4-18     commission shall furnish each participating agency with a list of

4-19     potential fraudulent occurrences or administrative errors.

4-20           SECTION 3.  Chapter 22, Human Resources Code, is amended by

4-21     adding Section 22.0291 to read as follows:

4-22           Sec.  22.0291.  PROJECT FOR IDENTIFYING PERSONS ELIGIBLE FOR

4-23     BENEFITS THROUGH DATA MATCHING.  (a)  The Texas Department of

4-24     Health shall implement a data matching project to locate

4-25     individuals who qualify to participate in the federal special

4-26     supplemental food program for women, infants, and children.  The

4-27     department shall notify eligible persons and encourage them to

 5-1     apply for the program.

 5-2           (b)  The department shall identify other state agency

 5-3     databases that could be matched with the department's database for

 5-4     the federal special supplemental food program for women, infants,

 5-5     and children.  The department shall contract through a memorandum

 5-6     of understanding with each agency participating in the project.

 5-7           (c)  Agencies participating under Subsection (b) shall

 5-8     cooperate fully with the department and promptly provide data in

 5-9     the requested format.

5-10           (d)  The commission and participating agencies providing

5-11     source data for the project shall take all necessary steps to

5-12     protect the confidentiality of information provided as part of this

5-13     project, in compliance with all existing state and federal privacy

5-14     guidelines.

5-15           (e) The Texas Department of Health shall identify the

5-16     databases for the matching project not later than December 30,

5-17     1997, and shall begin database matching not later than July 1,

5-18     1998.

5-19           SECTION 4.  Section 8.10, Chapter 655, Acts of the 74th

5-20     Legislature, Regular Session, 1995, is repealed.

5-21           SECTION 5.  (a) The interagency task force on electronic

5-22     benefits transfers shall review each agency that makes recurring

5-23     payments to an individual or transmits data on state clients to

5-24     determine the feasibility of using electronic benefits transfer or

5-25     direct deposit to make the recurring payments or data transmission.

5-26           (b)  The interagency task force on electronic benefits

5-27     transfers shall report its findings to the governor, lieutenant

 6-1     governor, and speaker of the house of representatives not later

 6-2     than December 30, 1997.

 6-3           (c)  If the interagency task force on electronic benefits

 6-4     transfers determines that using electronic benefits transfer or

 6-5     direct deposit is feasible, the agency shall implement electronic

 6-6     benefits transfer or direct deposit not later than September 1,

 6-7     1999.

 6-8           SECTION 6.  (a) The attorney general, the Texas Department of

 6-9     Health, and the Texas Workforce Commission shall analyze the

6-10     cost-effectiveness of using electronic benefits transfer in

6-11     conjunction with direct deposit to distribute child support

6-12     payments, benefits under the federal special supplemental food

6-13     program for women, infants, and children, and unemployment

6-14     benefits.

6-15           (b)  Each agency may work with the interagency task force on

6-16     electronic benefits transfers to determine the cost-effectiveness

6-17     of using electronic benefits transfer to distribute payments or

6-18     benefits.

6-19           (c)  Each agency shall complete the cost-benefit analysis not

6-20     later than December 30, 1997.

6-21           (d)  If an agency determines that electronic benefits

6-22     transfer is a cost-effective method of distributing payments and

6-23     benefits, the agency shall submit a plan for implementing an

6-24     electronic benefits transfer system to the interagency task force

6-25     on electronic benefits transfers.  The agency shall execute the

6-26     plan not later than August 31, 1998.

6-27           SECTION 7.  Each agency that provides benefits or recurring

 7-1     payments by way of electronic benefits transfer shall evaluate the

 7-2     cost-effectiveness of providing access to the benefits or recurring

 7-3     payments through automated teller machines.

 7-4           SECTION 8.  This Act takes effect September 1, 1997.

 7-5           SECTION 9.  The importance of this legislation and the

 7-6     crowded condition of the calendars in both houses create an

 7-7     emergency and an imperative public necessity that the

 7-8     constitutional rule requiring bills to be read on three several

 7-9     days in each house be suspended, and this rule is hereby suspended.