ORDER N0. 14899
APPROVAL OF AGREEMENT WITH TEXAS DEPARTTZENT OF HtTA1AN
RESOURCES AND THE DISTRICT ATTORNEY OF THE 198TH
JUDICIAL DISTRICT
On this the 10th day of January 1983, upon motion made
by Commissioner Holland, seconded by Commissioner Guthrie,
the Court unanimously approved an Agreement with the Texas
Department of Human Resources and the District Attorney of
the 198th Judicial District, relative to prosecution of food
stamp fraud cases in Kerr County.
(Paragraph III, second page of agreement The Counties
agrees to make available to the Prosecuting Authority resources
sufficient to enable the Prosecuting Authority to carry out
the terms of this agreement" was changed to read "The County
agrees to make available to the Prosecuting Authority resources,
other than financial, sufficient to enable the Prosecuting
Authority to carry out the terms of this agreement).
(Agreement to be filed but not recorded}
III
The Counties agrees to make available to the Prosecuting Authority
resources sufficient to enable the Prosecuting Authority to carry out
the terms of this agreement.
The County agrees to make available to the Prosecuting Authority
resources, other than financial, sufficient to enable the Prosecuting
Authority to carry out the terms of this agreement.
ORDER N0. 14899
TEXAS DEPARTMENT OF HUMAN RESOURCES
AGREEMENT WITH
CONCHO, KERR, KTMBLE, MC CUI_LOCH, AND MENARD COUNTIES
The Texas Department of Hwnan Resources, hereinafter referred to as the
Department, Concho, Kerr, Kimble, McCulloch, and Menard Counties, Texas,
hereinafter referred to as the Counties, and Ronald I_. Sutton, hereinafter
referred to as the Prosecuting Authority, hereby enter into this agreement
for the mutual consideration set forth below.
i
THE TEXAS DEPARTMENT OF HUMAN RESOURCES AGREES:
A. To conduct investigations into allegations of Food Stamp
fraud/theft and other Food Stamp violations.
B. To submit written documented case reports in the format required
for making prosecutorial decisions to the Prosecuting Authority.
C. To provide the necessary Texas Department of Human Resources
records and appropriate staff as witnesses in court when referred
cases are being prosecuted.
D. To notify the Prosecuting Authority of any case in which court
ordered restitution payments are 60 days delinquent or have not
been made.
E, To pay the Counties in the following amounts for prosecutorial
activities involving Food Stamp fraud/theft cases referred by the
Department to the Prosecuting Authority:
1. Two hundred and fifty dollars ( $250.00 ) for each case in
which a defendant who is prosecuted under this contract is
sentenced following an uncontested or nolo contendre plea
before a court of appropriate jurisdiction; and
2. Six hundred dollars ( $600.00 ) for each case in which a
defendant is prosecuted under this contract pursuant to a
contested trial before a court of appropriate jurisdiction.
II
THE PROSECUTING AUTHORITY AGREES:
A. To review and evaluate cases referred by the Department for
appropriate judicial action.
B. To prepare complaints, informations and/or indictments and present
for trial cases which are in his judgement suitable for
prosecution.
C. To recommend to the court if probation is to be granted, that the
following actions be taken in addition to other recommendations
considered appropriate by the Prosecuting Authority:
1. The individual be disqualified frrnn participation in the Food
Stamp Program as provided in Section 6 (b) of the Food Stamp
Act.
2. The individual be ordered to make restitution to the Texas
Department of Human Resources, Office of the Investigator
General for the amount of Food Stainp benefits unlawfully
obtained.
3. To take appropriate action against individuals who fail to
comply with court ordered restitution upon notification from
the Department.
4. To request payment for services on the form provided by the
Department and to identify each charge by use of the case name
and case number provided by the Department. The date the
disposition was obtained will be identified for each
defendant.
D. To make available at reasonable times and for reasonable periods,
books, records, and supporting documents kept current by the
Prosecuting Authority, pertaining to this agreement for purposes
of inspecting, monitoring, auditing, or evaluating by the Depart-
ment personnel, its representatives or the United States Depart-
ment of Agriculture.
E. To be responsible for any audit exception or other payment defi-
ciency for which the Prosecuting Authority is legally responsible
under this agreement which is found to exist after monitoring or
auditing by the Department, or the United States Department of
Agriculture, and to be responsible for the collection and proper
reimbursement of any amount paid in excess of the proper billing
amount.
F. To comply with the Civil Rights Act of 1964, as amended, in giving
equal opportunity without regard to race, color, creed, sex, or
national origin. The Prosecuting Authority further agrees not to
discriminate against any qualified handicapped person seeking
employment or services.
III
The County agrees to snake available to the Prosecuting Authority
resources, other than financial, sufficient to enable the Prosecuting
Authority to carry out the terms of this agreement.
IV
The parties mutually agree to the following general terms and conditions;
A. No payment is due the Prosecuting Authority under this agreement
when a defendant receives a deferred ajudication of guilt.
D. The rates listed in Article I, Paragraph E, subparagraphs 1 and 2
above shall be in effect until the parties mutually agree to amend
such rates or until statewide rates (and any subsequent amend-
ments) are set by the Doard of Human Resources, in which event
the Department shall notify the Counties and the Prosecuting
Authority of such statewide rates and the Counties and the Prose-
cuting Authority shall have 30 days in which to agree to the new
rates or to terminate this agreement.
C. This agreement is subject to the availability of State and/or
Federal funds and if such funds become unavailable, or if the
total amount of funds allocated for this agreement should become
depleted during any budget period and the Department is unable to
obtain additional funds for such purposes, then by written notice
the agreement will be terminated, or payment will be suspended, or
funding will be reduced, as specified in the written notice.
if the Federal or State laws or other requirements are amended or
judicially interpreted so as to render continued fulfillment of
this agreement, on the part of either party, substantially
unreasonable or impossible, or if the parties are unable to agree
upon any amendment which would therefore be needed to enahle the
substantial continuation of the services contemplated herein, the
parties shall be discharged from any further obligations created
under the terms cf this agreement except for the equitable settle-
ment of the respective accrued interests or obligations incurred
up to the date of termination.
This agreement may be cancelled by mutual consent; however, if
such mutual consent cannot be attained, either party to this
agreement may consider it to be cancelled by the giving of thirty
(30) days notice in writing to the other party and this agreement
shall thereupon be cancelled upon the expiration of sur.h thirty
(30) day period.
This agreement is effective nn and shall continue
indefinitely subject to termination as outlined above.
TcXAS OEPARTI4ENT OF IIUh1AN
RESOURCES
3Y
-FarTiri~r. ~o~inston -~-~
;ommissioner

BY
Kas
Commissioner, Prec. No. 1
~:,
~-~E' Edward D. Hi
Commis~s ner Prec. 0.2
~_~ r'
Victor Lich
Commissioner Prec. No. 3
~,
~/ ~ Vl
I3 Y _~~"-. r _
Bi e ie, ~r~
Commis ~ >_ er No . 4,,
Approved:
13Y
ORDER N0. 14899
APPROVAL OF AGREEMENT WITH TEXAS
DEPAP.TMENT OF HUMAN RESOURCES AND
THE DISTRICT ATTORNEY OF THE 198th
JUDICIAL DISTRICT
1 - 10 - 1983
Vol. P, Page 266