AN ACT

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

 1-2     connection with certain benefits programs.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Subchapter B, Chapter 531, Government Code, is

 1-5     amended by adding Section 531.045 to read as follows:

 1-6           Sec. 531.045.  INTERAGENCY TASK FORCE ON ELECTRONIC BENEFITS

 1-7     TRANSFERS.  (a)  The interagency task force on electronic benefits

 1-8     transfers shall advise and assist the commission in adding new

 1-9     benefit programs to the statewide electronic benefits transfer

1-10     system.

1-11           (b)  The task force is composed of:

1-12                 (1)  a representative of:

1-13                       (A)  the attorney general's office, appointed by

1-14     the attorney general;

1-15                       (B)  the comptroller's office, appointed by the

1-16     comptroller;

1-17                       (C)  the commission, appointed by the

1-18     commissioner;

1-19                       (D)  the Texas Department of Health, appointed by

1-20     the commissioner of public health;

1-21                       (E)  the Texas Department of Human Services,

1-22     appointed by the commissioner of human services;

1-23                       (F)  the Texas Workforce Commission, appointed by

 2-1     the presiding officer of that agency; and

 2-2                       (G)  the Texas Rehabilitation Commission,

 2-3     appointed by the commissioner of that agency; and

 2-4                 (2)  two representatives of each of the following

 2-5     groups, appointed by the comptroller:

 2-6                       (A)  retailers who maintain electronic benefits

 2-7     transfer point-of-sale equipment;

 2-8                       (B)  banks or owners of automatic teller

 2-9     machines; and

2-10                       (C)  consumer or client advocacy organizations.

2-11           (c)  A member of the task force serves at the will of the

2-12     appointing agency.

2-13           (d)  The representative of the comptroller's office serves as

2-14     presiding officer.  The task force may elect any other necessary

2-15     officers.

2-16           (e)  The task force shall meet at the call of the presiding

2-17     officer.

2-18           (f)  The appointing agency is responsible for the expenses of

2-19     a member's service on the task force.  A member of the task force

2-20     is not entitled to additional compensation for serving on the task

2-21     force.

2-22           (g)  The task force shall:

2-23                 (1)  serve as this state's counterpoint to the federal

2-24     electronic benefits transfer task force;

2-25                 (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 appropriate state agencies for the use of a photograph or other

3-14     imaging technology on all electronic benefits transfer cards and,

3-15     if proven to be effective in reducing fraud and misuse, begin using

3-16     the new cards starting with replacement cards for cards that were

3-17     used in the program on June 13, 1995;

3-18                 (8)  review current and potential fraud problems with

3-19     electronic benefits transfer and propose methods to prevent or

3-20     deter fraud;

3-21                 (9)  evaluate the feasibility of adding the Medicaid

3-22     program to the state's electronic benefits transfer system; and

3-23                 (10)  develop a plan to assist beneficiaries of public

3-24     programs to obtain bank accounts.

3-25           (h)  In determining which benefit programs can be added to

 4-1     this state's electronic benefits transfer system, the task force

 4-2     shall consider, at a minimum:

 4-3                 (1)  the savings to this state;

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

 4-5     and

 4-6                 (3)  the number of clients served.

 4-7           SECTION 2.  Subsections (a) and (b), Section 22.029, Human

 4-8     Resources Code, are amended to read as follows:

 4-9           (a)  In order to enhance the state's ability to detect and

4-10     prevent fraud in the payment of claims under federal and state

4-11     entitlement programs, the Health and Human Services Commission

4-12     shall [may] implement a data matching project as described by

4-13     Subsection (b).  The costs of developing and administering the data

4-14     matching project shall be paid entirely from amounts recovered by

4-15     participating agencies as a result of potential fraudulent

4-16     occurrences or administrative errors identified by the project.

4-17           (b)  The project shall involve the matching of database

4-18     information among all agencies using electronic funds transfer and

4-19     other participating agencies.  The commission shall contract

4-20     through a memorandum of understanding with each agency

4-21     participating in the project.  After the data has been matched, the

4-22     commission shall furnish each participating agency with a list of

4-23     potential fraudulent occurrences or administrative errors.

4-24           SECTION 3.  Chapter 22, Human Resources Code, is amended by

4-25     adding Section 22.0291 to read as follows:

 5-1           Sec. 22.0291.  PROJECT FOR IDENTIFYING PERSONS ELIGIBLE FOR

 5-2     BENEFITS THROUGH DATA MATCHING.  (a)  The Texas Department of

 5-3     Health shall implement a data matching project to locate

 5-4     individuals who qualify to participate in the federal special

 5-5     supplemental food program for women, infants, and children.  The

 5-6     department shall notify eligible persons and encourage them to

 5-7     apply for the program.

 5-8           (b)  The department shall identify other state agency

 5-9     databases that could be matched with the department's database for

5-10     the federal special supplemental food program for women, infants,

5-11     and children.  The department shall contract through a memorandum

5-12     of understanding with each agency participating in the project.

5-13           (c)  Agencies participating under Subsection (b) shall

5-14     cooperate fully with the department and promptly provide data in

5-15     the requested format.

5-16           (d)  The department and participating agencies providing

5-17     source data for the project shall take all necessary steps to

5-18     protect the confidentiality of information provided as part of this

5-19     project, in compliance with all existing state and federal privacy

5-20     guidelines.

5-21           (e) The Texas Department of Health shall identify the

5-22     databases for the matching project not later than December 30,

5-23     1997, and shall begin database matching not later than July 1,

5-24     1998.

5-25           SECTION 4.  (a)  In addition to the substantive changes made

 6-1     by this Act, this Act conforms Chapter 531, Government Code, to

 6-2     Section 8.10, Chapter 655, Acts of the 74th Legislature, 1995.

 6-3           (b)  Section 8.10, Chapter 655, Acts of the 74th

 6-4     Legislature, 1995, is repealed.

 6-5           (c)  To the extent of any conflict, this Act prevails over

 6-6     another Act of the 75th Legislature, Regular Session, 1997,

 6-7     relating to nonsubstantive additions to and corrections in enacted

 6-8     codes.

 6-9           SECTION 5.  (a)  The interagency task force on electronic

6-10     benefits transfers shall review each agency that makes recurring

6-11     payments to an individual or transmits data on state clients to

6-12     determine the feasibility of using electronic benefits transfer or

6-13     direct deposit to make the recurring payments or data transmission.

6-14           (b)  The interagency task force on electronic benefits

6-15     transfers shall report its findings to the governor, lieutenant

6-16     governor, and speaker of the house of representatives not later

6-17     than December 30, 1997.

6-18           (c)  If the interagency task force on electronic benefits

6-19     transfers determines that using electronic benefits transfer or

6-20     direct deposit is feasible, the agency shall implement electronic

6-21     benefits transfer or direct deposit not later than September 1,

6-22     1999.

6-23           SECTION 6.  (a)  The attorney general, the Texas Department

6-24     of Health, and the Texas Workforce Commission shall analyze the

6-25     cost-effectiveness of using electronic benefits transfer in

 7-1     conjunction with direct deposit to distribute child support

 7-2     payments, benefits under the federal special supplemental food

 7-3     program for women, infants, and children, and unemployment

 7-4     benefits.

 7-5           (b)  Each agency may work with the interagency task force on

 7-6     electronic benefits transfers to determine the cost-effectiveness

 7-7     of using electronic benefits transfer to distribute payments or

 7-8     benefits.

 7-9           (c)  Each agency shall complete the cost-benefit analysis not

7-10     later than December 30, 1997.

7-11           (d)  If an agency determines that electronic benefits

7-12     transfer is a cost-effective method of distributing payments and

7-13     benefits, the agency shall submit a plan for implementing an

7-14     electronic benefits transfer system to the interagency task force

7-15     on electronic benefits transfers.  The agency shall execute the

7-16     plan not later than August 31, 1998.

7-17           SECTION 7.  Each agency that provides benefits or recurring

7-18     payments by way of electronic benefits transfer shall evaluate the

7-19     cost-effectiveness of providing access to the benefits or recurring

7-20     payments through automated teller machines.

7-21           SECTION 8.  This Act takes effect September 1, 1997.

7-22           SECTION 9.  The importance of this legislation and the

7-23     crowded condition of the calendars in both houses create an

7-24     emergency and an imperative public necessity that the

7-25     constitutional rule requiring bills to be read on three several

 8-1     days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I hereby certify that S.B. No. 910 passed the Senate on

         April 3, 1997, by the following vote:  Yeas 31, Nays 0; and that

         the Senate concurred in House amendment on May 22, 1997, by a

         viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

               I hereby certify that S.B. No. 910 passed the House, with

         amendment, on May 21, 1997, by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

         Approved:

         _______________________________

                     Date

         _______________________________

                   Governor