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.
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