1-1 By: Vowell (Senate Sponsor - Moncrief) H.B. No. 2557
1-2 (In the Senate - Received from the House May 5, 1993;
1-3 May 6, 1993, read first time and referred to Committee on Health
1-4 and Human Services; May 11, 1993, reported favorably by the
1-5 following vote: Yeas 7, Nays 0; May 11, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Zaffirini x
1-9 Ellis x
1-10 Madla x
1-11 Moncrief x
1-12 Nelson x
1-13 Patterson x
1-14 Shelley x
1-15 Truan x
1-16 Wentworth x
1-17 A BILL TO BE ENTITLED
1-18 AN ACT
1-19 relating to certain prohibited activities in the food stamp
1-20 program.
1-21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-22 SECTION 1. Sections 33.011(a), (b), and (d), Human Resources
1-23 Code, are amended to read as follows:
1-24 (a) A person commits an offense if the person knowingly
1-25 uses, alters, or transfers food stamp benefit permits <coupons or
1-26 authorizations to participate in the food stamp program> in any
1-27 manner not authorized by law. An offense under this subsection is
1-28 a Class A misdemeanor if the value of the food stamp benefit
1-29 permits <coupons or authorization cards> is less than $200 and a
1-30 felony of the third degree if the value of the food stamp benefit
1-31 permits <coupons or authorization cards> is $200 or more.
1-32 (b) A person commits an offense if the person knowingly
1-33 possesses food stamp benefit permits <coupons or authorizations to
1-34 participate in the food stamp program> when not authorized by law
1-35 to possess them, knowingly redeems food stamp benefit permits
1-36 <coupons> when not authorized by law to redeem them, or knowingly
1-37 redeems food stamp benefit permits <coupons> for purposes not
1-38 authorized by law. An offense under this subsection is a Class A
1-39 misdemeanor if the value of the food stamp benefit permits <coupons
1-40 or authorization cards> is less than $200 and a felony of the third
1-41 degree if the value of the food stamp benefit permits <coupons or
1-42 cards> is $200 or more.
1-43 (d) When food stamp benefit permits <coupons or
1-44 authorizations to participate in the food stamp program> of various
1-45 values are obtained in violation of this section pursuant to one
1-46 scheme or continuing course of conduct, whether from the same or
1-47 several sources, the conduct may be considered as one offense and
1-48 the values aggregated in determining the grade of the offense.
1-49 SECTION 2. Section 33.011, Human Resources Code, is amended
1-50 by adding Subsections (f) and (g) to read as follows:
1-51 (f) For the purposes of Subsections (a) and (b), the value
1-52 of food stamp benefit permits is the cash or exchange value
1-53 obtained in violation of this section.
1-54 (g) In this section, "food stamp benefit permits" includes:
1-55 (1) food stamp coupons;
1-56 (2) electronic benefit transfer (EBT) cards; and
1-57 (3) authorizations to participate in the food stamp
1-58 program.
1-59 SECTION 3. (a) The change in law made by this Act applies
1-60 only to an offense committed on or after the effective date of this
1-61 Act. For purposes of this section, an offense is committed before
1-62 the effective date of this Act if any element of the offense occurs
1-63 before the effective date.
1-64 (b) An offense committed before the effective date of this
1-65 Act is covered by the law in effect when the offense was committed,
1-66 and the former law is continued in effect for that purpose.
1-67 SECTION 4. This Act takes effect September 1, 1993.
1-68 SECTION 5. The importance of this legislation and the
2-1 crowded condition of the calendars in both houses create an
2-2 emergency and an imperative public necessity that the
2-3 constitutional rule requiring bills to be read on three several
2-4 days in each house be suspended, and this rule is hereby suspended.
2-5 * * * * *
2-6 Austin,
2-7 Texas
2-8 May 11, 1993
2-9 Hon. Bob Bullock
2-10 President of the Senate
2-11 Sir:
2-12 We, your Committee on Health and Human Services to which was
2-13 referred H.B. No. 2557, have had the same under consideration, and
2-14 I am instructed to report it back to the Senate with the
2-15 recommendation that it do pass and be printed.
2-16 Zaffirini,
2-17 Chair
2-18 * * * * *
2-19 WITNESSES
2-20 FOR AGAINST ON
2-21 ___________________________________________________________________
2-22 Name: Gordon Hardy x
2-23 Representing: Tx Department of Human Service
2-24 City: Austin
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