Relating to public assistance program fraud; creating a criminal offense.

89(R) HB 2734 - House Committee Report version - Bill Text

89R9720 MZM-D

By: Holt, et al.

H.B. No. 2734

A BILL TO BE ENTITLED

AN ACT

relating to public assistance program fraud; creating a criminal

offense.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Section 32.32, Penal Code, is

amended to read as follows:

Sec. 32.32. FALSE STATEMENT TO OBTAIN PROPERTY
,
[
OR
]

CREDIT
, OR PUBLIC ASSISTANCE PROGRAM BENEFIT
OR IN THE PROVISION OF

CERTAIN SERVICES.

SECTION 2. Section 32.32, Penal Code, is amended by

amending Subsections (a) and (c) and adding Subsection (b-2) to

read as follows:

(a) For purposes of this section
:

(1) "Credit"
[
, "credit"
] includes:

(A)
[
(1)
] a loan of money;

(B)
[
(2)
] furnishing property or service on

credit;

(C)
[
(3)
] extending the due date of an

obligation;

(D)
[
(4)
] comaking, endorsing, or guaranteeing a

note or other instrument for obtaining credit;

(E)
[
(5)
] a line or letter of credit;

(F)
[
(6)
] a credit card, as defined in Section

32.31 (Credit Card or Debit Card Abuse); and

(G)
[
(7)
] a mortgage loan.

(2) "Public assistance program" includes:

(A)

the child health plan program under Chapter

62, Health and Safety Code;

(B)

the financial assistance program under

Chapter 31, Human Resources Code;

(C)

the medical assistance program established

under Chapter 32, Human Resources Code; and

(D)

the nutritional assistance programs under

Chapter 33, Human Resources Code, including the supplemental

nutrition assistance program under that chapter.

(b-2)

A person commits an offense if the person

intentionally or knowingly makes a materially false or misleading

written statement in an application to obtain a benefit under a

public assistance program.

(c) An offense under this section is:

(1) a Class C misdemeanor if the value of the property

or benefit
or the amount of credit is less than $100;

(2) a Class B misdemeanor if the value of the property

or benefit
or the amount of credit is $100 or more but less than

$750;

(3) a Class A misdemeanor if the value of the property

or benefit
or the amount of credit is $750 or more but less than

$2,500;

(4) a state jail felony if the value of the property
or

benefit
or the amount of credit is $2,500 or more but less than

$30,000;

(5) a felony of the third degree if the value of the

property
or benefit
or the amount of credit is $30,000 or more but

less than $150,000;

(6) a felony of the second degree if the value of the

property
or benefit
or the amount of credit is $150,000 or more but

less than $300,000; or

(7) a felony of the first degree if the value of the

property
or benefit
or the amount of credit is $300,000 or more.

SECTION 3. This Act takes effect September 1, 2025.