SRC-CDH H.B. 2685 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 2685
By: Van de Putte (Nelson)
Health & Human Services
5-10-97
Engrossed


DIGEST 

Section 33.011 of the Human Resources Code, first passed in 1977, was last
amended in 1993 to redefine food stamp coupons in the Electronic Benefit
Transfer (EBT) Lone Star card environment. Prior to EBT, the statute was
generally used to prosecute grocery retailers for buying food stamps at
discounted amounts of cash.  More recently, the electronic system has
raised new concerns about fraudulent conduct by recipients that permits
prosecution of those recipients in fraud and abuse cases.  However, there
has been an abrupt increase in the number of defense motions and appeals
challenging the state's authority to prosecute those recipients.  H.B.
2685 strengthens the language used by authorities to prosecute welfare
fraud and abuse cases.  The Welfare Fraud and Abuse Divisions of the
Harris County District Attorney's Office developed the proposed statutory
changes in an effort to reduce the workload in that office and promote
fair and equal prosecution of both parties when food stamp benefit permits
are illegally redeemed.  

PURPOSE

As proposed, H.B. 2685 establishes provisions regarding certain prohibited
activities in the food stamp program. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 33.011(d), Human Resources Code, to authorize
conduct to be considered as one offense and the values aggregated in
determining the grade of the offense when cash or exchange value benefit
permits of various values are obtained in violation of this section
pursuant to one scheme or continuing course of conduct.   

SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date:  September 1, 1997.

SECTION 4. Emergency clause.