By Naishtat                                           H.B. No. 1073
       74R4369 MLR-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the appellate process for applicants and recipients of
    1-3  certain state-administered assistance programs.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 22, Human Resources Code, is amended by
    1-6  adding Section 22.0181 to read as follows:
    1-7        Sec. 22.0181.  JUDICIAL REVIEW.  Sections 31.034 and 31.0341
    1-8  govern the right of appeal of an applicant for or recipient of
    1-9  assistance, including financial assistance under Chapter 31,
   1-10  nutritional assistance, or assistance under Titles IV-E, XIX, or
   1-11  XX, Social Security Act (42 U.S.C. Section 301 et seq.).
   1-12        SECTION 2.  Chapter 31, Human Resources Code, is amended by
   1-13  adding Section 31.0341 to read as follows:
   1-14        Sec. 31.0341.  APPEAL FROM DEPARTMENT DECISION.  (a)  Except
   1-15  as provided by this section, Subchapters G and H, Chapter 2001,
   1-16  Government Code, apply to an applicant's or recipient's appeal from
   1-17  the department's decision under Section 31.034.
   1-18        (b)  For purposes of Section 2001.171, Government Code, an
   1-19  applicant for or recipient of financial assistance has exhausted
   1-20  all of the department's available administrative remedies when the
   1-21  department reaches a final decision under Section 31.034.  The
   1-22  applicant or recipient is not required to file a motion for
   1-23  rehearing with the department.
   1-24        (c)  An applicant for or recipient of financial assistance
    2-1  who files an appeal under this section may file an affidavit of
    2-2  inability to pay costs under Rule 145, Texas Rules of Civil
    2-3  Procedure.  The cost of preparing the record and the transcript is
    2-4  a court cost and may not be charged to the applicant.
    2-5        (d)  An appeal under this section takes precedence over all
    2-6  other civil cases except workers' compensation and unemployment
    2-7  cases.
    2-8        (e)  The appellee is the department.
    2-9        SECTION 3.  Section 2001.223, Government Code, is amended to
   2-10  read as follows:
   2-11        Sec. 2001.223.  EXCEPTIONS FROM DECLARATORY JUDGMENT, COURT
   2-12  ENFORCEMENT, AND CONTESTED CASE PROVISIONS.  Section 2001.038 and
   2-13  Subchapters C through H  do not apply to:
   2-14              (1)  <the granting, payment, denial, or withdrawal of
   2-15  financial or medical assistance or benefits under service programs
   2-16  of the Texas Department of Human Services;>
   2-17              <(2)>  action by the Banking Commissioner or the State
   2-18  Banking Board regarding the issuance of a state bank charter for a
   2-19  bank to assume the assets and liabilities of a state bank that the
   2-20  commissioner determines to be in an unsafe condition as defined by
   2-21  Section 1, Article 1a, Chapter VIII, The Texas Banking Code
   2-22  (Article 342-801a, Vernon's Texas Civil Statutes);
   2-23              (2) <(3)>  a hearing or interview conducted by the
   2-24  Board of Pardons and Paroles or the pardons and paroles division of
   2-25  the Texas Department of Criminal Justice relating to the grant,
   2-26  rescission, or revocation of parole or other form of administrative
   2-27  release; or
    3-1              (3) <(4)>  the suspension, revocation, or termination
    3-2  of the certification of a breath analysis operator or technical
    3-3  supervisor under the rules of the Department of Public Safety.
    3-4        SECTION 4.  Subchapter I, Chapter 2001, Government Code, is
    3-5  amended by adding Section 2001.226 to read as follows:
    3-6        Sec. 2001.226.  EXCEPTION TO CONTESTED CASE PROVISIONS.
    3-7  Subchapters C-F do not apply to the granting, payment, denial, or
    3-8  withdrawal of financial assistance under Chapter 31, Human
    3-9  Resources Code, nutritional assistance, or assistance under Titles
   3-10  IV-E, XIX, or XX, Social Security Act (42 U.S.C. Section 301 et
   3-11  seq.).
   3-12        SECTION 5.  Section 32.035, Human Resources Code, is
   3-13  repealed.
   3-14        SECTION 6.  This Act takes effect September 1, 1995, and
   3-15  applies only to an appeal under Section 31.034, Human Resources
   3-16  Code, from an action taken by a state agency on or after that date.
   3-17        SECTION 7.  The importance of this legislation and the
   3-18  crowded condition of the calendars in both houses create an
   3-19  emergency and an imperative public necessity that the
   3-20  constitutional rule requiring bills to be read on three several
   3-21  days in each house be suspended, and this rule is hereby suspended.