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.