HBA-DMD H.B. 3102 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3102
By: Truitt
Human Services
3/30/1999
Introduced



BACKGROUND AND PURPOSE 

In the 1998 fiscal year, the Texas Department of Human Services
(department) disqualified more than 8,000 persons for abusing public
assistance programs, specifically the Temporary Assistance for Needy
Families (TANF) block grant fund.  H.B. 3102 requires the department to
conduct a hearing for persons accused of committing fraud with respect to
TANF and to permanently disqualify persons from receiving financial
assistance if it is found that they have committed intentional fraud. This
bill also makes further provisions regarding disqualification if a person
is convicted of an offense under the Penal Code and also provides that
those persons disqualified from receiving financial assistance under this
Act are also permanently disqualified from receiving medical assistance,
child care, or any other social or support service. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution.  

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter A, Chapter 31, Human Resources Code, by
adding Section 31.017, as follows: 

Sec. 31.017. FRAUD. (a) Sets prohibitions for the purposes of establishing
or maintaining the eligibility of the person and the person's family for
financial assistance or for the purposes of increasing or preventing a
reduction in the amount of the assistance.   

(b) Requires the Texas Department of Human Services (department), if after
an investigation the department determines that a person violated this
section, to notify the person of the alleged violation no later than 30
days after the investigation has been completed and conduct a hearing, or
to refer the matter to the appropriate district attorney for prosecution. 

(c) Requires the department, if a hearing officer at an administrative
hearing determines that a person has violated this section, to permanently
disqualify the person from receiving financial assistance. Authorizes a
person whom a hearing officer determines to be in violation of this section
to appeal the determination by filing a petition in the district court in
the county in which the violation occurred, no later than 30 days after
decision.  

(d) Provides that a person is permanently disqualified from receiving
financial assistance if the person is convicted of an offense under the
Penal Code for conduct described by this section.  

(e) Provides that a person who is permanently disqualified from receiving
financial assistance under this section is also permanently disqualified
from receiving medical assistance, child care, or any other social or
support services.  

SECTION 2.Effective date: September 1, 1999, and applies only to a person
who receives financial assistance under Chapter 31 (Financial Assistance
and Service Programs),  Human Resources Code, on or after that date
regardless of the date on which eligibility for that assistance was
determined. 

SECTION 3.Emergency clause.