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.