By Dutton                                              H.B. No. 990
         76R1622 KKA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to administrative procedures and criminal convictions for
 1-3     welfare  fraud.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter C, Chapter 531, Government Code, is
 1-6     amended by adding Section 531.109 to read as follows:
 1-7           Sec. 531.109.  ADMINISTRATIVE FINDING OF FRAUD; IMMUNITY FROM
 1-8     CRIMINAL PROSECUTION.  (a)  The commission by rule shall adopt
 1-9     administrative procedures to be used by the commission or an
1-10     appropriate health and human services agency in determining whether
1-11     an individual has engaged in fraudulent conduct to obtain or
1-12     attempt to obtain:
1-13                 (1)  financial assistance and services under Chapter
1-14     31, Human Resources Code;
1-15                 (2)  food stamps under the food stamp program
1-16     administered under Chapter 33, Human Resources Code; or
1-17                 (3)  medical assistance under the state Medicaid
1-18     program.
1-19           (b)  The commission may provide for the imposition of an
1-20     administrative penalty against an individual determined to have
1-21     engaged in fraudulent conduct through the administrative procedures
1-22     established under Subsection (a).
1-23           (c)  The administrative procedures must require the
1-24     commission or appropriate agency to provide written notice to an
 2-1     individual of an allegation that the individual has engaged in
 2-2     fraudulent conduct to obtain or attempt to obtain assistance or
 2-3     benefits described by Subsection (a).  The notice must include:
 2-4                 (1)  a specific description of the allegedly fraudulent
 2-5     conduct, including the monetary value of any benefits or assistance
 2-6     the individual received as a result of the alleged conduct;
 2-7                 (2)  a copy of the procedures adopted under this
 2-8     section;
 2-9                 (3)  a statement that an administrative penalty may be
2-10     imposed against  the individual, if a penalty is authorized by the
2-11     commission under Subsection (b);
2-12                 (4)  a statement that a finding of fraudulent conduct
2-13     will subject the individual to criminal prosecution for subsequent
2-14     fraudulent conduct to which Subsection (a) applies; and
2-15                 (5)  a statement that the individual is entitled to
2-16     submit  a  written response or to request a hearing before the
2-17     commission or the appropriate agency.
2-18           (d)  After considering any written response and after
2-19     conducting a hearing, if requested, the commission or appropriate
2-20     agency shall determine whether the individual engaged in fraudulent
2-21     conduct to obtain or attempt to obtain assistance or benefits
2-22     described by Subsection (a).  If the commission or agency
2-23     determines that the individual engaged in fraudulent conduct, the
2-24     commission or agency:
2-25                 (1)  shall:
2-26                       (A)  issue a finding of fraudulent conduct;
2-27                       (B)  maintain a permanent record of the finding;
 3-1     and
 3-2                       (C)  seek recovery from the individual of the
 3-3     amount of benefits or assistance, if any, obtained through the
 3-4     fraudulent conduct; and
 3-5                 (2)  may impose an administrative penalty against the
 3-6     individual, if a penalty is authorized by the commission under
 3-7     Subsection (b).
 3-8           (e)  A hearing under this section shall be conducted in the
 3-9     manner provided for a contested case hearing under Chapter 2001.
3-10           (f)  The administrative procedures required by this section
3-11     may be combined with any other appropriate administrative procedure
3-12     conducted by the commission or an appropriate health and human
3-13     services agency.
3-14           (g)  Except as provided by Subsection (h), an individual who
3-15     engages in fraudulent conduct to obtain or attempt to obtain
3-16     assistance or benefits listed under Subsection (a) may be convicted
3-17     of perjury under Section 37.02, Penal Code, tampering with a
3-18     governmental record under Section 37.10, Penal Code, an offense
3-19     against property under Title 7, Penal Code, or an offense under
3-20     Section 33.011, Human Resources Code, in connection with the
3-21     fraudulent conduct only if the individual has been found under this
3-22     section by the commission or an appropriate agency to have
3-23     previously engaged in fraudulent conduct to which Subsection (a)
3-24     applies.
3-25           (h)  The immunity from conviction granted by Subsection (g)
3-26     does not apply to an individual who fails to pay or defaults in a
3-27     payment plan relating to an amount sought by the commission or an
 4-1     appropriate agency under Subsection (d)(1)(C) or imposed under
 4-2     Subsection (d)(2).
 4-3           SECTION 2.  Section 531.109, Government Code, as added by
 4-4     this Act, applies only to conduct committed on or after the
 4-5     effective date of this Act.  Conduct committed before the effective
 4-6     date of this Act is covered by the law in effect when the conduct
 4-7     was committed, and the former law is continued in effect for that
 4-8     purpose.
 4-9           SECTION 3.  This Act takes effect September 1, 1999.
4-10           SECTION 4.  The importance of this legislation and the
4-11     crowded condition of the calendars in both houses create an
4-12     emergency and an imperative public necessity that the
4-13     constitutional rule requiring bills to be read on three several
4-14     days in each house be suspended, and this rule is hereby suspended.