By Truitt H.B. No. 3102
76R4873 CLG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to fraudulent conduct with respect to TANF benefits.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter A, Chapter 31, Human Resources Code,
1-5 is amended by adding Section 31.017 to read as follows:
1-6 Sec. 31.017. FRAUD. (a) For purposes of establishing or
1-7 maintaining the eligibility of the person and the person's family
1-8 for financial assistance or for purposes of increasing or
1-9 preventing a reduction in the amount of the assistance, a person
1-10 may not intentionally:
1-11 (1) make a statement that the person knows is false or
1-12 misleading;
1-13 (2) misrepresent, conceal, or withhold a fact; or
1-14 (3) represent a statement to be true if the person
1-15 knows the statement is false.
1-16 (b) If after an investigation the department determines that
1-17 a person has violated this section, the department shall:
1-18 (1) notify the person of the alleged violation not
1-19 later than the 30th day after the date the investigation is
1-20 completed and conduct a hearing; or
1-21 (2) refer the matter to the appropriate district
1-22 attorney for prosecution.
1-23 (c) If a hearing officer at an administrative hearing held
1-24 under this section determines that a person has violated this
2-1 section, the department shall permanently disqualify the person
2-2 from receiving financial assistance. A person whom a hearing
2-3 officer determines to be in violation of this section may appeal
2-4 the determination by filing a petition in the district court in the
2-5 county in which the violation occurred not later than the 30th day
2-6 after the date of the decision.
2-7 (d) If a person is convicted of an offense under the Penal
2-8 Code for conduct described by this section, the person is
2-9 permanently disqualified from receiving financial assistance.
2-10 (e) A person who is permanently disqualified from receiving
2-11 financial assistance under this section is also permanently
2-12 disqualified from receiving medical assistance, child care, or any
2-13 other social or support services.
2-14 SECTION 2. This Act takes effect September 1, 1999, and
2-15 applies only to a person who receives financial assistance under
2-16 Chapter 31, Human Resources Code, on or after that date regardless
2-17 of the date on which eligibility for that assistance was
2-18 determined.
2-19 SECTION 3. The importance of this legislation and the
2-20 crowded condition of the calendars in both houses create an
2-21 emergency and an imperative public necessity that the
2-22 constitutional rule requiring bills to be read on three several
2-23 days in each house be suspended, and this rule is hereby suspended.