89R9720 MZM-D
By: Holt 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.