1-1                                   AN ACT
 1-2     relating to the electronic imaging program of the Texas Department
 1-3     of Human Services.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 31.0325, Human Resources Code, is amended
 1-6     to read as follows:
 1-7           Sec. 31.0325.  ELECTRONIC IMAGING PROGRAM. (a)  In
 1-8     conjunction with other appropriate agencies, the department by rule
 1-9     shall develop a program to prevent welfare fraud by using a type of
1-10     electronic fingerprint-imaging or photo-imaging of adult and teen
1-11     parent applicants for and adult and teen parent recipients of
1-12     financial assistance under this chapter or food stamp benefits
1-13     under Chapter 33.
1-14           (b)  In adopting rules under this section, the department
1-15     shall:
1-16                 (1)  provide for an exemption from the electronic
1-17     imaging requirements of Subsection (a) for a person who is elderly
1-18     or disabled if the department determines that compliance with those
1-19     requirements would cause an undue burden to the person;
1-20                 (2)  establish criteria for an exemption under
1-21     Subdivision (1); and
1-22                 (3)  ensure that any electronic imaging performed by
1-23     the department is strictly confidential and is used only to prevent
1-24     fraud by adult and teen parent recipients of financial assistance
 2-1     or food stamp benefits.
 2-2           (c)  The department shall:
 2-3                 (1)  establish the program in conjunction with an
 2-4     electronic benefits transfer program;
 2-5                 (2)  use an imaging system; and
 2-6                 (3)  provide for gradual implementation of this section
 2-7     by selecting specific counties or areas of the state as test sites.
 2-8           (d)  Each fiscal quarter, the department shall submit to the
 2-9     governor and the legislature a report on the status and progress of
2-10     the programs in the test sites selected under Subsection (c)(3).
2-11           SECTION 2.  If before implementing any provision of this Act
2-12     a state agency determines that a waiver or authorization from a
2-13     federal agency is necessary for implementation, the state agency
2-14     shall request the waiver or authorization and may delay
2-15     implementing that provision until the waiver or authorization is
2-16     granted.
2-17           SECTION 3.  This Act takes effect immediately if it receives
2-18     a vote of two-thirds of all the members elected to each house, as
2-19     provided by Section 39, Article III, Texas Constitution.  If this
2-20     Act does not receive the vote necessary for immediate effect, this
2-21     Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 102 was passed by the House on March
         8, 2001, by a non-record vote; and that the House concurred in
         Senate amendments to H.B. No. 102 on May 17, 2001, by the following
         vote:  Yeas 149, Nays 0, 2 present, not voting.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 102 was passed by the Senate, with
         amendments, on May 15, 2001, by the following vote:  Yeas 30, Nays
         0, 1 present, not voting.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor