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A BILL TO BE ENTITLED
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AN ACT
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relating to the summer electronic benefits transfer for children |
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program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 33, Human Resources Code, is amended by |
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adding Subchapter C to read as follows: |
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SUBCHAPTER C. SUMMER ELECTRONIC BENEFITS TRANSFER FOR CHILDREN |
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PROGRAM |
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Sec. 33.101. DEFINITIONS. In this subchapter: |
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(1) "Agency" means the Texas Education Agency. |
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(2) "Eligible child" means a child described by |
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Section 33.104(a). |
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(3) "Program" means the summer electronic benefits |
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transfer for children program. |
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Sec. 33.102. PROGRAM DEVELOPMENT AND IMPLEMENTATION. (a) |
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The commission, with assistance from the department and the agency, |
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shall develop and implement the summer electronic benefits transfer |
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for children program to ensure continued access by eligible |
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children to food during the summer months in which public schools |
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are not in regular session. The program must be designed in a |
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manner that meets the requirements of 42 U.S.C. Section 1762, |
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subject to Subsection (b). |
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(b) In developing the program, the commission, department, |
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and agency shall: |
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(1) identify program elements that, if granted |
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flexibility from the United States Department of Health and Human |
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Services with respect to the elements, would enhance the |
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effectiveness of the program in ensuring continued access to food |
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by eligible children during the summer months; and |
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(2) actively seek approval from that federal agency |
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for that flexibility. |
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Sec. 33.103. MEMORANDUM OF UNDERSTANDING; INFORMATION |
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SHARING. (a) The commission, department, and agency shall enter |
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into a memorandum of understanding defining the roles and |
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responsibilities of each agency with respect to the program's |
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implementation. |
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(b) The commission, department, and agency may share with |
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each other information relevant to the program's operation. |
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Information shared as provided by this subsection must be kept |
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confidential except to the extent another law authorizes or |
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requires disclosure of that information. |
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Sec. 33.104. PROGRAM ELIGIBILITY AND ENROLLMENT. (a) A |
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child described by 42 U.S.C. Section 1762(c)(1)(A) or (B) is |
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eligible for program benefits. |
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(b) The commission shall ensure automatic enrollment in the |
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program of a child described by 42 U.S.C. Section 1762(c)(1)(A) |
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without further application, except that the commission shall |
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provide a process by which the parent or guardian of a child |
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eligible for automatic enrollment may opt out of participation in |
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the program. |
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(c) The commission by rule shall provide for an application |
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and eligibility determination process for a child described by 42 |
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U.S.C. Section 1762(c)(1)(B). |
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Sec. 33.105. PROGRAM BENEFITS. (a) The commission shall |
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provide program benefits to each eligible child who enrolls in the |
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program through an electronic benefits transfer card or another |
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electronic method. |
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(b) Program benefits may be used only to purchase food |
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consistent with 42 U.S.C. Section 1762(b)(1)(A). |
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Sec. 33.106. FUNDING. The commission, department, and |
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agency shall actively seek and apply for any available federal |
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money or grants from any source to assist in financing the program. |
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Sec. 33.107. RULES. The executive commissioner may adopt |
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rules necessary to implement this subchapter. |
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SECTION 2. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 3. This Act takes effect September 1, 2025. |