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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