By:  Moncrief                                         S.B. No. 1141
       73R2088 CLG-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to certain prohibited activities in the food stamp
    1-3  program.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Sections 33.011(a), (b), and (d), Human Resources
    1-6  Code, are amended to read as follows:
    1-7        (a)  A person commits an offense if the person knowingly
    1-8  uses, alters, or transfers food stamp benefit permits <coupons or
    1-9  authorizations to participate in the food stamp program> in any
   1-10  manner not authorized by law.  An offense under this subsection is
   1-11  a Class A misdemeanor if the value of the food stamp benefit
   1-12  permits <coupons or authorization cards> is less than $200 and a
   1-13  felony of the third degree if the value of the food stamp benefit
   1-14  permits <coupons or authorization cards> is $200 or more.
   1-15        (b)  A person commits an offense if the person knowingly
   1-16  possesses food stamp benefit permits <coupons or authorizations to
   1-17  participate in the food stamp program> when not authorized by law
   1-18  to possess them, knowingly redeems food stamp benefit permits
   1-19  <coupons> when not authorized by law to redeem them, or knowingly
   1-20  redeems food stamp benefit permits <coupons> for purposes not
   1-21  authorized by law.  An offense under this subsection is a Class A
   1-22  misdemeanor if the value of the food stamp benefit permits <coupons
   1-23  or authorization cards> is less than $200 and a felony of the third
   1-24  degree if the value of the food stamp benefit permits <coupons or
    2-1  cards> is $200 or more.
    2-2        (d)  When food stamp benefit permits <coupons or
    2-3  authorizations to participate in the food stamp program> of various
    2-4  values are obtained in violation of this section pursuant to one
    2-5  scheme or continuing course of conduct, whether from the same or
    2-6  several sources, the conduct may be considered as one offense and
    2-7  the values aggregated in determining the grade of the offense.
    2-8        SECTION 2.  Section 33.011, Human Resources Code, is amended
    2-9  by adding Subsections (f) and (g) to read as follows:
   2-10        (f)  For the purposes of Subsections (a) and (b), the value
   2-11  of food stamp benefit permits is the cash or exchange value
   2-12  obtained in violation of this section.
   2-13        (g)  In this section, "food stamp benefit permits" includes:
   2-14              (1)  food stamp coupons;
   2-15              (2)  electronic benefit transfer (EBT) cards; and
   2-16              (3)  authorizations to participate in the food stamp
   2-17  program.
   2-18        SECTION 3.  (a)  The change in law made by this Act applies
   2-19  only to an offense committed on or after the effective date of this
   2-20  Act.  For purposes of this section, an offense is committed before
   2-21  the effective date of this Act if any element of the offense occurs
   2-22  before the effective date.
   2-23        (b)  An offense committed before the effective date of this
   2-24  Act is covered by the law in effect when the offense was committed,
   2-25  and the former law is continued in effect for that purpose.
   2-26        SECTION 4.  This Act takes effect September 1, 1993.
   2-27        SECTION 5.  The importance of this legislation and the
    3-1  crowded condition of the calendars in both houses create an
    3-2  emergency and an imperative public necessity that the
    3-3  constitutional rule requiring bills to be read on three several
    3-4  days in each house be suspended, and this rule is hereby suspended.