The Supplemental Nutrition Assistance Program (SNAP) Foodstamps Program in Texas: From Paper Stamps to Electronic Benefits
Food stamps in Texas are provided through the Supplemental Nutrition Assistance Program (SNAP), a federally funded program administered by the states, with Texas handling the program in-state and loading benefits onto EBT cards for food purchases. But fraud remains the same. It is illegal under Texas Human Resources Code Section 33.011 to seek or obtain benefits you are not entitled to.
If you are a Texas resident accused of food stamp fraud, or you are worried that a SNAP application, benefits transfer, or purchase could lead to criminal charges, this overview explains what conduct counts as fraud, how related offenses such as forgery and identity theft can apply, the penalties you could face—including jail or felony exposure—and when to contact an experienced Houston fraud lawyer. Understanding these rules early can help protect your rights and avoid mistakes that make a fraud investigation or prosecution worse.
What Is SNAP Benefits Fraud?
There are several types of fraud under the law. You can apply for SNAP through SNAP apply online, in person, or by mail, including with a downloadable paper application for SNAP benefits. It is illegal to:
- Knowingly use, transfer, or alter a SNAP transfer card in an illegal manner. This is a Class A misdemeanor if the value is less than $200 and a third-degree felony if the value is $200 or more.
- Knowingly possess a SNAP transfer card when not authorized by law or knowingly use or redeem one for an unauthorized reason. This is also a class A misdemeanor if less than $200 or a third-degree felony if $200 or more
Examples of food stamp fraud consist of:
- Applying for benefits using someone else’s name or forging their signature
- Filing multiple applications at more than one location instead of using one phone contact to submit a complete application and supporting information truthfully
- Lying about the number of dependents you have
- Making false statements to obtain, retain, or increase benefits
- Failing to report changes in income, employment, disability, or other eligibility information
Your county office generally has 30 days to determine eligibility, and some eligible applicants may receive expedited benefits within 7 days.
For a free legal consultation, call (281) 280-0100 today
What Other Laws Apply to Food Stamp Fraud?
Someone who commits welfare fraud might also violate other laws:
- Forgery. You can’t sign someone else’s name to an application. If you do, you could face misdemeanor or felony charges based on the value of benefits obtained.
- Perjury. Applicants must attest under penalty of perjury that the information in their application is accurate to the best of their knowledge. Defendants could face time in jail for intentionally lying. In foodstamps cases, snap eligibility and determining eligibility are governed by the federal government and state agencies under certain rules using a household’s income, resources, and work requirements, so false answers can create added exposure. For example, monthly income and net income limits, along with resource caps, are part of the date-specific review used to decide if a family is eligible. A household with children may also see eligibility affected by health or disability status, including supplemental security income.
- Identity theft. A person might use someone else’s Social Security Number to apply for benefits. This is illegal.
Some snap recipients, especially college students and able-bodied adults without dependents, must meet snap work requirements through work, training, volunteering, or school to maintain benefits; those work requirements can begin at 80 hours per month for low income applicants, and changes started in October 2023, with more set for December 2025 after a law signed in July 2025.
To keep criminal charges from snowballing, you should quickly reach out to a Houston criminal defense attorney for assistance.
For a free legal consultation, call (281) 524-3306 today or use our online contact options.
Can You End Up in Jail for Food Stamps Fraud?
Yes. Of course, there are many factors that come into play, such as your criminal history and the extent of the fraud. Our broader overview of food stamp fraud in Houston discusses how local prosecutors approach these cases and the potential penalties involved. Two Texas women recently received prison terms in 2022 for food stamp fraud. Combined, they defrauded the program of $1.2 million. Investigators uncovered a scheme where the two women used a point-of-sale device at a meat market to convert food stamps into cash, even though SNAP benefits are issued through electronic benefit transfer on an ebt card that is loaded monthly and works like a debit card at authorized stores. SNAP is intended for approved food purchases, including groceries bought online through select retailers since May 2021 using ebt, but not delivery fees, and you must enter a PIN. The women were also ordered to pay back the money as restitution.
Few people will participate in a fraudulent scheme so widespread. Nevertheless, the state can hit you with felony charges for as little as $200 in fraudulently obtained or used benefits. The amount a household receives varies based on household size, financial circumstances, and the mailing address on file once benefits are approved, which is why misuse is closely scrutinized.
Call Tad Nelson Today
This is a tough time economically. SNAP, also called food stamps, helps low-income individuals and families buy nutritious food, so do not apply unless you truly qualify. Eligible purchases include fruits, vegetables meats, dairy, and fish for healthy meals. SNAP benefits can be used to buy food items only at authorized stores and authorized farmers markets, not nonfood items such as household supplies or paper products, and not hot foods, pet foods, or alcohol. If you need important information, visit your local department of human services to confirm your mailing address, ask about several ways to submit documents, including fax, and learn how to request a fair hearing. If you face fraud charges or related white collar accusations such as misapplication of fiduciary property or misapplication of fiduciary funds, give our firm a call or send a message. We can advise you of your rights and represent you before a judge.
To learn more about The Law Offices of Tad Nelson & Associates, including our work as a Houston and Galveston criminal defense firm and League City law office, review our background and Attorney Tad A. Nelson’s trial experience as well as our client testimonials.
Call or text (281) 280-0100 or fill out our Free Case Evaluation Form to get started