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A BILL TO BE ENTITLED
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AN ACT
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relating to public assistance program fraud; creating a criminal |
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offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 32.32, Penal Code, is |
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amended to read as follows: |
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Sec. 32.32. FALSE STATEMENT TO OBTAIN PROPERTY, [OR] |
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CREDIT, OR PUBLIC ASSISTANCE PROGRAM BENEFIT OR IN THE PROVISION OF |
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CERTAIN SERVICES. |
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SECTION 2. Section 32.32, Penal Code, is amended by |
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amending Subsections (a) and (c) and adding Subsection (b-2) to |
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read as follows: |
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(a) For purposes of this section: |
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(1) "Credit" [, "credit"] includes: |
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(A) [(1)] a loan of money; |
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(B) [(2)] furnishing property or service on |
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credit; |
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(C) [(3)] extending the due date of an |
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obligation; |
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(D) [(4)] comaking, endorsing, or guaranteeing a |
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note or other instrument for obtaining credit; |
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(E) [(5)] a line or letter of credit; |
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(F) [(6)] a credit card, as defined in Section |
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32.31 (Credit Card or Debit Card Abuse); and |
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(G) [(7)] a mortgage loan. |
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(2) "Public assistance program" includes: |
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(A) the child health plan program under Chapter |
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62, Health and Safety Code; |
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(B) the financial assistance program under |
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Chapter 31, Human Resources Code; |
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(C) the medical assistance program established |
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under Chapter 32, Human Resources Code; and |
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(D) the nutritional assistance programs under |
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Chapter 33, Human Resources Code, including the supplemental |
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nutrition assistance program under that chapter. |
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(b-2) A person commits an offense if the person |
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intentionally or knowingly makes a materially false or misleading |
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written statement in an application to obtain a benefit under a |
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public assistance program. |
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(c) An offense under this section is: |
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(1) a Class C misdemeanor if the value of the property |
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or benefit or the amount of credit is less than $100; |
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(2) a Class B misdemeanor if the value of the property |
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or benefit or the amount of credit is $100 or more but less than |
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$750; |
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(3) a Class A misdemeanor if the value of the property |
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or benefit or the amount of credit is $750 or more but less than |
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$2,500; |
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(4) a state jail felony if the value of the property or |
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benefit or the amount of credit is $2,500 or more but less than |
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$30,000; |
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(5) a felony of the third degree if the value of the |
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property or benefit or the amount of credit is $30,000 or more but |
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less than $150,000; |
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(6) a felony of the second degree if the value of the |
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property or benefit or the amount of credit is $150,000 or more but |
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less than $300,000; or |
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(7) a felony of the first degree if the value of the |
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property or benefit or the amount of credit is $300,000 or more. |
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SECTION 3. This Act takes effect September 1, 2025. |