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.