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


Senate Research CenterC.S.S.B. 1158
76R9288  CLG-DBy: Carona
Human Services
3/31/1999
Committee Report (Substituted)


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.  C.S.S.B. 1158 establishes
fraudulent conduct and imposes immediate permanent disqualification from
financial assistance programs upon a first violation. 

PURPOSE

As proposed, C.S.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

Rulemaking authority is granted to the Texas Department of Human Services
in SECTION 1 (Section 21.017(f), Human Resources Code) of this bill. 

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 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. Provides that a person who is
convicted of a non-Penal Code offense is disqualified from receiving
financial assistance for three years after the first violation, and
permanently after multiple violations.  Requires TDHS to adopt rules. 

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

SECTION 3.Emergency clause.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Section 31.017, Human Resources Code, to add text regarding a person
who is convicted of a non-Penal Code offense, and grants rulemaking
authority to TDHS.  Deletes existing Subsection (e).  Makes nonsubstantive
and conforming changes.