SRC-AXB S.B. 1158 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1158
76R4873  CLG-DBy: Carona
Human Services
3/18/1999
As Filed


DIGEST 

Currently, Texas Department of Human Services rules provide penalties for
Temporary Assistance for Needy Families (TANF) and food stamp fraud
convictions, ending with permanent disqualification upon the third
violation.  TANF violation penalties, which are not prescribed by state or
federal law, were recently updated to be consistent with federally
prescribed food stamp-related penalties.  S.B. 1158 establishes fraudulent
conduct and imposes immediate permanent disqualification from financial
assistance programs upon a first violation. 

PURPOSE

As proposed, S.B. 1158 establishes a description for fraudulent conduct
with respect to Temporary Assistance for Needy Families benefits under this
section, and permanently disqualifies offenders from receiving financial
assistance. 

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 Chapter 31A, Human Resources Code, by adding Section
31.017, as follows: 

Sec.  31.017.  FRAUD.  Prohibits a person from intentionally taking certain
actions to maintain eligibility for financial assistance.  Requires the
Texas Department of Human Services (TDHS) to take certain actions
subsequent to the determination of a violation. Requires TDHS to
permanently disqualify a person who violates this section from receiving
financial assistance.  Authorizes a violator to appeal the determination,
and sets forth appeal procedures.  Disqualifies a convicted offender under
the Penal Code, from ever receiving financial assistance.  Expands the
disqualifications for an offender to include permanent disqualification
from medical assistance, child care, or any other social or support
services under this section. 

SECTION 2.Effective date:  September 1, 1999.
  Makes application of this Act prospective.

SECTION 3.Emergency clause.