1-1     By:  Zaffirini, Ellis                                  S.B. No. 910

 1-2           (In the Senate - Filed March 4, 1997; March 6, 1997, read

 1-3     first time and referred to Committee on Health and Human Services;

 1-4     March 24, 1997, reported favorably, as amended, by the following

 1-5     vote:  Yeas 11, Nays 0; March 24, 1997, sent to printer.)

 1-6     COMMITTEE AMENDMENT NO. 1                            By:  Zaffirini

 1-7     Amend S.B. No. 910 on page 2, line 39, by inserting after

 1-8     "Subsection (b)." the following: "The costs of developing and

 1-9     administering the data matching project shall be paid entirely from

1-10     amounts recovered by participating agencies as a result of

1-11     potential fraudulent occurrences or administrative errors

1-12     identified by the project."

1-13                            A BILL TO BE ENTITLED

1-14                                   AN ACT

1-15     relating to the use of electronic transfer and data matching in

1-16     connection with certain benefits programs.

1-17           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-18           SECTION 1.  Subchapter B, Chapter 531, Government Code, is

1-19     amended to conform to Section 8.10, Chapter 655, Acts of the 74th

1-20     Legislature, 1995, by adding Section 531.045 to read as follows:

1-21           Sec. 531.045.  INTERAGENCY TASK FORCE ON ELECTRONIC BENEFITS

1-22     TRANSFERS.  (a)  The interagency task force on electronic benefits

1-23     transfers shall advise and assist the commission in adding new

1-24     benefit programs to the statewide electronic benefits transfer

1-25     system.

1-26           (b)  The task force is composed of:

1-27                 (1)  a representative of:

1-28                       (A)  the attorney general's office, appointed by

1-29     the attorney general;

1-30                       (B)  the comptroller's office, appointed by the

1-31     comptroller;

1-32                       (C)  the commission, appointed by the

1-33     commissioner;

1-34                       (D)  the Texas Department of Health, appointed by

1-35     the commissioner of public health;

1-36                       (E)  the Texas Department of Human Services,

1-37     appointed by the commissioner of human services;

1-38                       (F)  the Texas Workforce Commission, appointed by

1-39     the presiding officer of that agency; and

1-40                       (G)  the Texas Rehabilitation Commission,

1-41     appointed by the commissioner of that agency; and

1-42                 (2)  two representatives of each of the following

1-43     groups, appointed by the comptroller:

1-44                       (A)  retailers who maintain electronic benefits

1-45     transfer point-of-sale equipment;

1-46                       (B)  banks or owners of automatic teller

1-47     machines; and

1-48                       (C)  consumer or client advocacy organizations.

1-49           (c)  A member of the task force serves at the will of the

1-50     appointing agency.

1-51           (d)  The representative of the comptroller's office serves as

1-52     presiding officer.  The task force may elect any other necessary

1-53     officers.

1-54           (e)  The task force shall meet at the call of the presiding

1-55     officer.

1-56           (f)  The appointing agency is responsible for the expenses of

1-57     a member's service on the task force.  A member of the task force

1-58     is not entitled to additional compensation for serving on the task

1-59     force.

1-60           (g)  The task force shall:

1-61                 (1)  serve as this state's counterpoint to the federal

1-62     electronic benefits transfer task force;

1-63                 (2)  identify benefit programs that merit addition to

1-64     this state's electronic benefits transfer system;

 2-1                 (3)  identify and address problems that may occur if a

 2-2     program is added;

 2-3                 (4)  pursue state-federal partnerships to facilitate

 2-4     the development and expansion of this state's electronic benefits

 2-5     transfer system;

 2-6                 (5)  track and distribute federal legislation and

 2-7     information from other states that relate to electronic benefits

 2-8     transfer systems;

 2-9                 (6)  ensure efficiency and planning coordination in

2-10     relation to this state's electronic benefits transfer system;

2-11                 (7)  develop a plan using the experience and expertise

2-12     of the Department of Public Safety of the State of Texas for the

2-13     use of a photograph or other imaging technology on all electronic

2-14     benefits transfer cards and, if proven to be effective in reducing

2-15     fraud and misuse, begin using the new cards starting with

2-16     replacement cards for cards that were used in the program on June

2-17     13, 1995;

2-18                 (8)  review current and potential fraud problems with

2-19     electronic benefits transfer and propose methods to prevent or

2-20     deter fraud;

2-21                 (9)  evaluate the feasibility of adding the Medicaid

2-22     program to the state's electronic benefits transfer system; and

2-23                 (10)  develop a plan to assist beneficiaries of public

2-24     programs to obtain bank accounts.

2-25           (h)  In determining which benefit programs can be added to

2-26     this state's electronic benefits transfer system, the task force

2-27     shall consider, at a minimum:

2-28                 (1)  the savings to this state;

2-29                 (2)  the ease of addition to existing infrastructure;

2-30     and

2-31                 (3)  the number of clients served.

2-32           SECTION 2.  Subsections (a) and (b), Section 22.029, Human

2-33     Resources Code, are amended to read as follows:

2-34           (a)  In order to enhance the state's ability to detect and

2-35     prevent fraud in the payment of claims under federal and state

2-36     entitlement programs, the Health and Human Services Commission

2-37     shall [may] implement a data matching project as described by

2-38     Subsection (b).

2-39           (b)  The project shall involve the matching of database

2-40     information among all agencies using electronic funds transfer and

2-41     other participating agencies.  The commission shall contract

2-42     through a memorandum of understanding with each agency

2-43     participating in the project.  After the data has been matched, the

2-44     commission shall furnish each participating agency with a list of

2-45     potential fraudulent occurrences or administrative errors.

2-46           SECTION 3.  Chapter 22, Human Resources Code, is amended by

2-47     adding Section 22.0291 to read as follows:

2-48           Sec. 22.0291.  PROJECT FOR IDENTIFYING PERSONS ELIGIBLE FOR

2-49     BENEFITS THROUGH DATA MATCHING.  (a)  The Texas Department of

2-50     Health shall implement a data matching project to locate

2-51     individuals who qualify to participate in the federal special

2-52     supplemental food program for women, infants, and children.  The

2-53     department shall notify eligible persons and encourage them to

2-54     apply for the program.

2-55           (b)  The department shall identify other state agency

2-56     databases that could be matched with the department's database for

2-57     the federal special supplemental food program for women, infants,

2-58     and children.  The department shall contract through a memorandum

2-59     of understanding with each agency participating in the project.

2-60           (c)  Agencies participating under Subsection (b) shall

2-61     cooperate fully with the department and promptly provide data in

2-62     the requested format.

2-63           (d)  The department and participating agencies providing

2-64     source data for the project shall take all necessary steps to

2-65     protect the confidentiality of information provided as part of this

2-66     project, in compliance with all existing state and federal privacy

2-67     guidelines.

2-68           (e) The Texas Department of Health shall identify the

2-69     databases for the matching project not later than December 30,

 3-1     1997, and shall begin database matching not later than July 1,

 3-2     1998.

 3-3           SECTION 4.  Section 8.10, Chapter 655, Acts of the 74th

 3-4     Legislature, 1995, is repealed.

 3-5           SECTION 5.  (a)  The interagency task force on electronic

 3-6     benefits transfers shall review each agency that makes recurring

 3-7     payments to an individual or transmits data on state clients to

 3-8     determine the feasibility of using electronic benefits transfer or

 3-9     direct deposit to make the recurring payments or data transmission.

3-10           (b)  The interagency task force on electronic benefits

3-11     transfers shall report its findings to the governor, lieutenant

3-12     governor, and speaker of the house of representatives not later

3-13     than December 30, 1997.

3-14           (c)  If the interagency task force on electronic benefits

3-15     transfers determines that using electronic benefits transfer or

3-16     direct deposit is feasible, the agency shall implement electronic

3-17     benefits transfer or direct deposit not later than September 1,

3-18     1999.

3-19           SECTION 6.  (a)  The attorney general, the Texas Department

3-20     of Health, and the Texas Workforce Commission shall analyze the

3-21     cost-effectiveness of using electronic benefits transfer in

3-22     conjunction with direct deposit to distribute child support

3-23     payments, benefits under the federal special supplemental food

3-24     program for women, infants, and children, and unemployment

3-25     benefits.

3-26           (b)  Each agency may work with the interagency task force on

3-27     electronic benefits transfers to determine the cost-effectiveness

3-28     of using electronic benefits transfer to distribute payments or

3-29     benefits.

3-30           (c)  Each agency shall complete the cost-benefit analysis not

3-31     later than December 30, 1997.

3-32           (d)  If an agency determines that electronic benefits

3-33     transfer is a cost-effective method of distributing payments and

3-34     benefits, the agency shall submit a plan for implementing an

3-35     electronic benefits transfer system to the interagency task force

3-36     on electronic benefits transfers.  The agency shall execute the

3-37     plan not later than August 31, 1998.

3-38           SECTION 7.  Each agency that provides benefits or recurring

3-39     payments by way of electronic benefits transfer shall evaluate the

3-40     cost-effectiveness of providing access to the benefits or recurring

3-41     payments through automated teller machines.

3-42           SECTION 8.  This Act takes effect September 1, 1997.

3-43           SECTION 9.  The importance of this legislation and the

3-44     crowded condition of the calendars in both houses create an

3-45     emergency and an imperative public necessity that the

3-46     constitutional rule requiring bills to be read on three several

3-47     days in each house be suspended, and this rule is hereby suspended.

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