JRC H.B. 2685 75(R)BILL ANALYSIS

HUMAN SERVICES
H.B. 2685
By: Van de Putte
4-9-97
Committee Report (Unamended)



BACKGROUND

Section 33.011 of the Human Resources Code, first passed in 1977, was last
amended in 1993 to redefine food stamps 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 information about fraudulent conduct by the 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. 

The Welfare Fraud and Abuse divisions of the 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 benefits permits are illegally redeemed. 

PURPOSE

H.B. 2685 strengthens the language used by authorities to prosecute
welfare fraud and abuse cases. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.Amends Section 33.011 (d) of the Human Resources Code by adding
"cash, exchange value or" as illegal to receive in exchange for EBT or
food stamp benefits. 

SECTION 2.(a)This change is effective only for offenses committed on or
after the effective date of this act. 

(b)Violations committed prior to the enactment of this act are covered by
pre-existing law. 

SECTION 3.  Effective Date: September 1, 1997.

SECTION 4.  Emergency clause.