1-1 By: Maxey, et al. (Senate Sponsor - Moncrief) H.B. No. 102 1-2 (In the Senate - Received from the House March 12, 2001; 1-3 March 14, 2001, read first time and referred to Committee on Health 1-4 and Human Services; May 7, 2001, reported adversely, with favorable 1-5 Committee Substitute by the following vote: Yeas 6, Nays 0; 1-6 May 7, 2001, sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 102 By: Moncrief 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the electronic imaging program of the Texas Department 1-11 of Human Services. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Section 31.0325, Human Resources Code, is amended 1-14 to read as follows: 1-15 Sec. 31.0325. ELECTRONIC IMAGING PROGRAM. (a) In 1-16 conjunction with other appropriate agencies, the department by rule 1-17 shall develop a program to prevent welfare fraud by using a type of 1-18 electronic fingerprint-imaging or photo-imaging of adult and teen 1-19 parent applicants for and adult and teen parent recipients of 1-20 financial assistance under this chapter or food stamp benefits 1-21 under Chapter 33. 1-22 (b) In adopting rules under this section, the department 1-23 shall: 1-24 (1) provide for an exemption from the electronic 1-25 imaging requirements of Subsection (a) for a person who is elderly 1-26 or disabled if the department determines that compliance with those 1-27 requirements would cause an undue burden to the person; 1-28 (2) establish criteria for an exemption under 1-29 Subdivision (1); and 1-30 (3) ensure that any electronic imaging performed by 1-31 the department is strictly confidential and is used only to prevent 1-32 fraud by adult and teen parent recipients of financial assistance 1-33 or food stamp benefits. 1-34 (c) The department shall: 1-35 (1) establish the program in conjunction with an 1-36 electronic benefits transfer program; 1-37 (2) use an imaging system; and 1-38 (3) provide for gradual implementation of this section 1-39 by selecting specific counties or areas of the state as test sites. 1-40 (d) Each fiscal quarter, the department shall submit to the 1-41 governor and the legislature a report on the status and progress of 1-42 the programs in the test sites selected under Subsection (c)(3). 1-43 SECTION 2. If before implementing any provision of this Act 1-44 a state agency determines that a waiver or authorization from a 1-45 federal agency is necessary for implementation, the state agency 1-46 shall request the waiver or authorization and may delay 1-47 implementing that provision until the waiver or authorization is 1-48 granted. 1-49 SECTION 3. This Act takes effect immediately if it receives 1-50 a vote of two-thirds of all the members elected to each house, as 1-51 provided by Section 39, Article III, Texas Constitution. If this 1-52 Act does not receive the vote necessary for immediate effect, this 1-53 Act takes effect September 1, 2001. 1-54 * * * * *