HB 2734

Overall Vote Recommendation
Yes
Principle Criteria
neutral
Free Enterprise
positive
Property Rights
positive
Personal Responsibility
positive
Limited Government
neutral
Individual Liberty
Digest
HB 2734 seeks to strengthen the enforcement mechanisms against fraud in public assistance programs in Texas by amending Section 32.32 of the Penal Code. This section, previously limited to false statements to obtain property or credit, is expanded to include fraudulent attempts to receive benefits from public assistance programs or while providing related services. The bill introduces new definitions and clarifies the scope of criminal liability, focusing on intentional or knowing misrepresentations made during the application process for government aid.

Specifically, HB 2734 adds a definition of “public assistance program” that encompasses major social safety net programs such as the Child Health Plan Program (CHIP), Temporary Assistance for Needy Families (TANF), Medicaid, and the Supplemental Nutrition Assistance Program (SNAP). It criminalizes materially false or misleading written statements made in applications for these programs, making such behavior an offense under the Penal Code.

The bill establishes a tiered system of penalties based on the value of the property, benefit, or amount of credit obtained through fraud. These penalties range from a Class C misdemeanor (for benefits under $100) up to a first-degree felony (for benefits of $300,000 or more), aligning the severity of punishment with the financial magnitude of the offense. HB 2734 is designed to deter fraudulent activity, preserve public trust in assistance programs, and safeguard taxpayer resources.
Author (1)
Janis Holt
Co-Author (2)
Mike Olcott
Joanne Shofner
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 2734 is not expected to have a significant fiscal impact on the State of Texas. The bill creates a range of criminal offenses for individuals who knowingly or intentionally make materially false or misleading statements to obtain benefits under public assistance programs, with penalties scaling from a Class C misdemeanor up to a first-degree felony depending on the value of the benefit fraudulently obtained.

While criminalizing additional conduct under Section 32.32 of the Penal Code could theoretically increase enforcement, prosecution, and correctional responsibilities, the LBB concludes that the resulting demand on state correctional populations and related resources would not be substantial. The assumption is that the volume of new cases generated under this bill would be manageable within existing agency capacities.

For local governments, the LBB similarly anticipates no significant fiscal impact. While cities and counties might bear responsibilities related to prosecution, supervision, or confinement of individuals convicted under this law, these costs are expected to be minimal. The fiscal assessment includes input from key state agencies such as the Office of Court Administration, the Comptroller of Public Accounts, and the Health and Human Services Commission.

Vote Recommendation Notes

HB 2734 responds to concerns raised by local prosecutors—particularly in House District 18 regarding the Colony Ridge area—about increasing incidents of fraud within public assistance programs. The bill creates a new offense in the Penal Code targeting individuals who intentionally or knowingly make materially false or misleading written statements in applications for public benefits, such as Medicaid, SNAP, TANF, and CHIP. This effort aims to preserve the integrity of public assistance systems and to mitigate potential misuse of taxpayer-funded support mechanisms.

The bill aligns closely with core liberty principles. It reinforces personal responsibility by holding individuals accountable for fraudulent conduct and promotes limited government by strengthening statutory tools for protecting program integrity without expanding bureaucratic reach or rulemaking authority. The proposal does not restrict lawful access to aid but rather targets deception, ensuring that benefits are available to those who are truly eligible. From a fiscal perspective, both the Legislative Budget Board and committee analysis indicate no significant financial burden to the state or local governments, implying that HB 2734 achieves its goals without creating costly new mandates.

The bill's measured approach—tying penalties to the value of the fraud committed—ensures proportional justice while preserving public confidence in assistance programs. It is a strategic deterrent against fraud that ultimately helps ensure the sustainability of essential services for vulnerable Texans. On these grounds, Texas Policy Research recommends that lawmakers vote YES on HB 2734.

  • Individual Liberty: The bill does not restrict personal freedoms or rights of lawful behavior. Instead, it targets intentional fraud—an abuse of public trust—by criminalizing materially false statements made to obtain public assistance benefits. Because it does not regulate private conduct beyond fraud prevention, and because it protects the integrity of programs meant for those in genuine need, HB 2734 supports rather than infringes upon individual liberty.
  • Personal Responsibility: This principle is at the core of HB 2734. By imposing criminal penalties on those who submit fraudulent benefit applications, the bill reinforces the expectation that individuals must act honestly and ethically when interacting with government programs. It ensures accountability and encourages responsible participation in public assistance systems.
  • Free Enterprise: Although the bill doesn’t directly regulate business or commerce, it indirectly supports free enterprise by discouraging reliance on fraudulently obtained public benefits. Ensuring that only qualified recipients access state-funded aid promotes fairer economic participation and reduces distortive incentives that might disincentivize work or entrepreneurship.
  • Private Property Rights: The bill helps protect public funds, which are ultimately derived from taxpayers’ property in the form of taxes. Preventing fraudulent claims on those funds safeguards the rights of Texans to expect that their contributions are used lawfully and for legitimate purposes. In this way, HB 2734 reinforces the stewardship of public resources.
  • Limited Government: Importantly, the bill does not expand the size or administrative power of government. It does not grant new rulemaking authority to state agencies and is limited to enforcing existing laws more effectively. By penalizing abuse of existing systems, HB 2734 supports limited government by helping those systems operate more efficiently and credibly without expanding bureaucracy.
View Bill Text and Status