APPENDIX 2
TEXAS STATUTES AND
REGULATIONS
THAT MANDATE OR AUTHORIZE THE
USE OF SOCIAL SECURITY NUMBERS
(Last revised December 31,
2003)
Note: The chart below contains
brief summaries of selected statutes and regulations. It is intended as a
reference only and does not necessarily include all applicable laws and
regulations. The reader is advised to consult with legal counsel.
|
General Purpose |
Authorized or Required
Use |
Statute or Regulation |
|
Contracts |
Requires that the bid or
application to provide property, materials, or services to a state agency, or
to receive a state funded grant or loan include the name and social security
number of the individual, sole proprietor, and each partner, shareholder, or
owner with an ownership interest of 25%. |
Texas Family Code §§
231.006, 231.302 |
|
Education |
Pertains to reports to the
Texas Higher Education Coordinating Board in the "CBM Reporting
Series." Requires the disclosure
of student and faculty social security numbers in reports to the Coordinating
Board with respect to data that institutions of higher education are required
to report. The reporting manual
permits an assigned 9-digit number if the student does not have a social
security number. The reporting
manuals are on the board’s website at: http://www.thecb.state.tx.us/DataAndStatistics/ |
Texas Education Code Ch.
61 |
|
Education |
Requires an institution’s
report to the Texas Higher Education Coordinating Board to include the
student’s name and social security number in order to commit specific award
amounts to students in the Board’s Texas Grant II Program. |
Texas Education Code §
56.351, et seq.; 19 Tex. Admin. Code § 22.254 |
|
Education |
Requires that complaints
involving improper conduct against an educator within a school, including a
charter school, be addressed to the State Board for Educators Certification
and include the educator’s name and social security number. |
Texas Education Code §
21.041; 19 Tex. Admin. Code § 249.14 |
|
Education |
Requires institutions
seeking reimbursement for the tuition awards made through the Texas Higher
Education Coordinating Board Early High School Graduation Scholarship Program
to submit a report to the Texas Higher Education Coordinating Board and
include the student’s name and social security number. |
Texas Education Code §
56.201, et seq.; 19 Tex. Admin. Code § 21.959 |
|
Employment |
Entitles institutions of
higher education to obtain criminal history record information for evaluating
applicants for employment in security sensitive positions. The Department of Public Safety may
require institutions of higher education to submit an individual’s social
security number for identification purposes. |
Texas Government Code §§
411.094, 411.086 |
|
Employment |
Requires an employer to
take notice of a court order or writ for spousal maintenance, which may be
combined with a child support order, and withhold income for child support
payments and remit the payment with certain information, including the
payor’s name and social security number and the payee’s name and social
security number, unless the payment is transmitted to the payee by electronic
funds transfer. |
Texas Family Code §§
8.101-8.108, 158.201 et seq. |
|
Employment |
Requires an employer to
furnish to the State Directory of New Hires a report of all new hires that
contains certain information from the employee’s W-4 form, including social
security number. |
Texas Family Code §
234.103; 1 Tex. Admin. Code § 55.303 |
|
Employment |
Requires payroll reports
to the State Comptroller for agencies that do not use Uniform Statewide
Payroll/Personnel System to include employee’s name and social security
number. |
Texas Government Code Ch.
403; 34 Tex. Admin. Code § 5.41 |
|
Employment |
Requires employer to
report to the State Comptroller the name and social security number of the
employee from whose salary or wages a deduction for the employee’s membership
in employee organizations is made. |
Texas Government Code Ch.
403; 34 Tex. Admin. Code § 5.46 |
|
Employment |
Requires agencies that
allow deductions for payment to credit unions to include in report to the
State Comptroller the name and social security number of each employee for
whom deductions were made. |
Texas Government Code Ch.
403; 34 Tex. Admin. Code § 5.47 |
|
Employment |
Requires deduction for
contributions to charitable organizations form from employee to employer to
include social security number.
Cancellation also requires that the employer provide the employee’s
social security number to the State Comptroller. |
Texas Government Code Ch.
403; 34 Tex. Admin. Code § 5.48 |
|
Employment |
Requires employers that
are interested in shared work programs to obtain approval from the Texas
Workforce Commission and include the names and social security numbers of
employees involved in the plan. |
Texas Labor Code § 215.022 |
|
Health care |
Requires
that reports to the Department of Health’s cancer registry pursuant to the
Texas Cancer Incidence Reporting Act include name and social security number
of individual with cancer. |
Texas Health and Safety
Code § 82.001, et seq.; 25 Tex. Admin. Code § 91.4 |
|
Health care |
Pertains
to spinal cord, traumatic brain, and submersion injuries reports to the
Department of Health. Authorizes
hospitals’ reports to include patient’s social security number. Requires reports by pre-hospital providers
to include name and social security of patient. |
Texas Health and Safety
Code §92.002; 25 Tex. Admin. Code §§ 103.14; 103.16 |
|
Health care |
Pertains
to requirements of State immunization registry for children and required
reports to the Department of Health.
Urges inclusion of social security number in immunization registry for
children to assure complete match.
Parental consent required. |
Texas Health and Safety
Code § 161.007; 25 Tex. Admin. Code § 100.5 |
|
Health care |
Requires
that the form of birth certificates that is completed and filed by hospitals
to include social security numbers of parents. |
Health and Safety Code §
192.002; 25 Tex. Admin. Code § 181.13 |
|
Health care |
Enables
state to provide medical assistance (including all health care, services and
benefits authorized or provided under federal law) on behalf of needy
individuals and enables state to obtain all benefits for those persons under
the Social Security Act. Requires
health insurers to maintain files that include the name, address, and social
security number of each subscriber or policyholder covered by insurer. With respect to Medicaid health service,
requires health insurers to maintain a file system that contains information
for each policyholder or subscriber, including the social security number. |
Texas Human Resources
Code, Ch. 32 & § 32.042; 1 Tex. Admin. Code § 354.2341 |
|
Health care |
Requires
that licensed dentists ensure that removable prosthetic devices or removable
orthodontic appliances delivered to a patient include a suitable marking,
such as the patient’s name and/or social security number. |
Texas Occupations Code §
251.001; 22 Tex. Admin. Code § 116.11 |
|
Health care education |
Requires
that complaints about nurses be forwarded to the Board of Nursing Examiners
and include the name and social security of the nurse. Requires nursing program to maintain
records to include social security number of enrolled students in nursing
program. |
Texas Occupations Code Ch.
301 – 304; 22 Tex. Admin. Code §§ 213.13, 215.8 |
|
Insurance |
Authorizes
the trustee to require an individual to disclose his or her social security
number as the trustee considers necessary to administer the Texas Employees
Uniform Group Insurance Benefits Act. |
Texas Insurance Code, Art.
3.52-2 |
|
Law Enforcement |
Requires
an agency’s chief administrator to report changes affecting an officer’s
licensure to the Texas Commission on Law Enforcement and include the
licensee’s name and social security number.
Requires licensure of academy trainers of police cadets and requires
academy to provide the name and social security number of proposed training
coordinator and any academy staff instructors. |
Texas Occupations Code Ch.
1701; 37 Tex. Admin. Code §§ 211.29, 215.3 |
|
Radiation safety |
Pertains
to requirements for possession and use of a source of radiation, including
the maintenance of appropriate records that show the radiation exposure of
certain individuals. Requires reports
of certain over exposures to radiation to include name and social security of
individual exposed. Requires reports
of radiation exposures over the occupational dose to be reported to Texas
Commission on Environmental Safety and include name and social security
number of overexposed individual. |
Texas Health and Safety
Code Ch. 401; 25 Tex. Admin. Code §§ 289.231, 289.232; 30 Tex. Admin. Code §§
336.352, 336.405 |
|
Retirement programs |
Authorizes
a public retirement system to require a person to provide a person’s social
security number as the system considers necessary. |
Texas Government Code §
815.503 |
|
Unemployment compensation |
Requires records of
employees and reports to Texas Workforce Commission to include employee names
and social security numbers. |
Texas Labor Code Chapter
201; 40 Tex. Admin. Code §§815.106, 815.107 |
|
Workers’ compensation |
Requires the social security
number for a wide variety of reports and requests pertaining to workers’
compensation claims. |
Texas Labor Code §§
401-415, 402.087; 28 Tex. Admin. Code §§ 41.15, 42.30, 102.8, 120.1, 120.4,
122.2, 122.5, 122.100, 131.3, 133.206, 133.302, 134.504 |