By Maxey, Naishtat H.B. No. 868
74R2322 CBH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the reduction of fraud in certain public assistance
1-3 programs.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 22, Human Resources Code, is amended by
1-6 adding Section 22.026 to read as follows:
1-7 Sec. 22.026. FRAUD PREVENTION. (a) The department's office
1-8 of the inspector general shall compile and disseminate accurate
1-9 information and statistics relating to:
1-10 (1) fraud prevention; and
1-11 (2) post-fraud referrals received and accepted or
1-12 rejected from the department's case management system.
1-13 (b) The department shall:
1-14 (1) aggressively publicize successful fraud
1-15 prosecutions; and
1-16 (2) establish and promote a toll-free hotline for
1-17 reporting suspected fraud in programs administered by the
1-18 department.
1-19 (c) The department shall establish an interstate information
1-20 sharing agreement with its agency counterparts in Arkansas,
1-21 Louisiana, New Mexico, and Oklahoma to prevent a person from
1-22 simultaneously receiving public assistance from more than one
1-23 state. The agreement shall provide for sharing information
1-24 necessary to identify an applicant or recipient, including that
2-1 person's name, social security number, address, and age.
2-2 (d) The department shall:
2-3 (1) verify automobile information that is used as
2-4 criteria for eligibility; and
2-5 (2) establish a computerized matching system with the
2-6 Texas Department of Criminal Justice to prevent an incarcerated
2-7 individual from illegally receiving public assistance benefits
2-8 administered by the department.
2-9 SECTION 2. Section 3(a), Chapter 88, General Laws, Acts of
2-10 the 41st Legislature, 2nd Called Session, 1929 (Article 6675a-3,
2-11 Vernon's Texas Civil Statutes), is amended to read as follows:
2-12 (a) Application for the registration of a vehicle required
2-13 to be registered hereunder shall be made on a form furnished by the
2-14 Department. Each such application shall be signed by the owner of
2-15 the vehicle, and shall give his name and address in full, and shall
2-16 contain a brief description of the vehicle to be registered. In
2-17 addition, if the owner is an individual, the owner must give his
2-18 social security number. The description, in case of a new motor
2-19 vehicle, shall include: the trade name of the vehicle; the year
2-20 model; the style, type of body and the weight, if a passenger car,
2-21 or the net carrying capacity and gross weight if a commercial motor
2-22 vehicle; the motor number; the date of sale by manufacturer or
2-23 dealer to the applicant. The application shall contain such other
2-24 information as may be required by the Department.
2-25 SECTION 3. Section 17A, Chapter 88, General Laws, Acts of
2-26 the 41st Legislature, 2nd Called Session, 1929 (Article 6675a-17A,
2-27 Vernon's Texas Civil Statutes), is amended by amending Subsection
3-1 (b) and adding Subsection (c) to read as follows:
3-2 (b) This section does not apply to the release of
3-3 information to:
3-4 (1) a peace officer, as that term is defined in
3-5 Article 2.12, Code of Criminal Procedure, if the officer is acting
3-6 in an official capacity; or
3-7 (2) an official of the state, a city, town, county,
3-8 special district, or other political subdivision of the state if
3-9 the official is requesting the information for tax purposes or for
3-10 the purpose of determining eligibility for a state public
3-11 assistance program.
3-12 (c) The Texas Department of Transportation shall provide a
3-13 dedicated line to its vehicle registration record database for use
3-14 by other state agencies to determine eligibility for a state public
3-15 assistance program. Access to records and transmission of
3-16 information under this subsection does not affect whether the
3-17 information is subject to disclosure under Chapter 552, Government
3-18 Code.
3-19 SECTION 4. (a) The Texas Department of Human Services
3-20 shall:
3-21 (1) evaluate the costs and benefits of the five-day
3-22 time limit the department prescribes for the investigation of fraud
3-23 prevention referrals; and
3-24 (2) consider lowering the criteria for acceptance by
3-25 the department's office of the inspector general of post-fraud
3-26 referrals.
3-27 (b) If the department lowers the criteria for accepting
4-1 post-fraud referrals, the department shall require each department
4-2 office to apply that criteria.
4-3 SECTION 5. This Act takes effect September 1, 1995, and
4-4 applies only to a vehicle registration that is made on or after
4-5 that date. A vehicle registration that is made before that date is
4-6 governed by the law in existence when the registration was made,
4-7 and that law is continued in effect for that purpose.
4-8 SECTION 6. The importance of this legislation and the
4-9 crowded condition of the calendars in both houses create an
4-10 emergency and an imperative public necessity that the
4-11 constitutional rule requiring bills to be read on three several
4-12 days in each house be suspended, and this rule is hereby suspended.