CHAPTER 12. PENAL PROVISIONS - Texas Statutes

HUMAN RESOURCES CODE

TITLE 2. DEPARTMENT OF HUMAN SERVICES AND DEPARTMENT OF

PROTECTIVE AND REGULATORY SERVICES

SUBTITLE A. GENERAL PROVISIONS

CHAPTER 12. PENAL PROVISIONS

Sec. 12.001. PROHIBITED ACTIVITIES. (a) A person who is not

licensed to practice law in Texas commits an offense if the

person charges a fee for representing or aiding an applicant or

recipient in procuring assistance from the department.

(b) A person commits an offense if the person advertises, holds

himself or herself out for, or solicits the procurement of

assistance from the department.

(c) An offense under this section is a Class A misdemeanor.

Acts 1979, 66th Leg., p. 2336, ch. 842, art. 1, Sec. 1, eff.

Sept. 1, 1979.

Sec. 12.002. UNLAWFUL USE OF FUNDS. (a) A person charged with

the duty or responsibility of administering, disbursing,

auditing, or otherwise handling the grants, funds, or money

provided for in this title commits an offense if the person

misappropriates the grants, funds, or money or by deception or

fraud wrongfully distributes the grants, funds, or money to any

person.

(b) An offense under this section is a felony punishable by

confinement in the Texas Department of Criminal Justice for a

term of not less than two or more than seven years.

Acts 1979, 66th Leg., p. 2336, ch. 842, art. 1, Sec. 1, eff.

Sept. 1, 1979.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 25.113, eff. September 1, 2009.

Sec. 12.003. DISCLOSURE OF INFORMATION PROHIBITED. (a) Except

for purposes directly connected with the administration of the

department's assistance programs, it is an offense for a person

to solicit, disclose, receive, or make use of, or to authorize,

knowingly permit, participate in, or acquiesce in the use of the

names of, or any information concerning, persons applying for or

receiving assistance if the information is directly or indirectly

derived from the records, papers, files, or communications of the

department or acquired by employees of the department in the

performance of their official duties.

(b) An offense under this section is a Class A misdemeanor.

Acts 1979, 66th Leg., p. 2336, ch. 842, art. 1, Sec. 1, eff.

Sept. 1, 1979.