By: West S.B. No. 434
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the appellate process for applicants and recipients of
1-2 certain state-administered assistance programs.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 22, Human Resources Code, is amended by
1-5 adding Section 22.0181 to read as follows:
1-6 Sec. 22.0181. JUDICIAL REVIEW. Sections 31.034 and 31.0341
1-7 govern the right of appeal of an applicant for or recipient of
1-8 assistance, including financial assistance under Chapter 31,
1-9 nutritional assistance, or assistance under Title IV-E, XIX, or XX,
1-10 federal Social Security Act, as amended (42 U.S.C. Section 301 et
1-11 seq.).
1-12 SECTION 2. Subchapter B, Chapter 31, Human Resources Code,
1-13 is amended by adding Section 31.0341 to read as follows:
1-14 Sec. 31.0341. APPEAL FROM DEPARTMENT DECISION. (a) For
1-15 purposes of this section, a department decision is final on the
1-16 date the decision or order is mailed to the applicant or recipient
1-17 or that person's attorney of record.
1-18 (b) A timely motion for rehearing is a prerequisite to an
1-19 appeal of a department decision or order. A motion for rehearing
1-20 must be filed with the hearing officer not later than the 20th day
1-21 after the date the decision or order becomes final. A reply to a
1-22 motion for rehearing must be filed with the hearing officer not
1-23 later than the 30th day after the date the decision or order
1-24 becomes final.
2-1 (c) The department shall act on a motion for rehearing not
2-2 later than the 45th day after the date the decision or order
2-3 becomes final. If the department does not act within that period,
2-4 the motion for rehearing is overruled by operation of law.
2-5 (d) Except as provided by this section, Subchapters G and H,
2-6 Chapter 2001, Government Code, apply to an applicant's or
2-7 recipient's appeal from the department's decision under Section
2-8 31.034.
2-9 (e) An applicant for or recipient of financial assistance
2-10 who files an appeal under this section may file an affidavit of
2-11 inability to pay costs under Rule 145, Texas Rules of Civil
2-12 Procedure. The cost of preparing the record and the transcript is
2-13 a court cost and may not be charged to the applicant.
2-14 (f) An appeal under this section takes precedence over all
2-15 other civil cases except workers' compensation and unemployment
2-16 cases.
2-17 (g) The appellee is the department.
2-18 SECTION 3. Section 2001.223, Government Code, is amended to
2-19 read as follows:
2-20 Sec. 2001.223. EXCEPTIONS FROM DECLARATORY JUDGMENT, COURT
2-21 ENFORCEMENT, AND CONTESTED CASE PROVISIONS. Section 2001.038 and
2-22 Subchapters C through H do not apply to:
2-23 (1) <the granting, payment, denial, or withdrawal of
2-24 financial or medical assistance or benefits under service programs
2-25 of the Texas Department of Human Services;>
2-26 <(2)> action by the Banking Commissioner or the State
2-27 Banking Board regarding the issuance of a state bank charter for a
3-1 bank to assume the assets and liabilities of a state bank that the
3-2 commissioner determines to be in an unsafe condition as defined by
3-3 Section 1, Article 1a, Chapter VIII, The Texas Banking Code
3-4 (Article 342-801a, Vernon's Texas Civil Statutes);
3-5 (2) <(3)> a hearing or interview conducted by the
3-6 Board of Pardons and Paroles or the pardons and paroles division of
3-7 the Texas Department of Criminal Justice relating to the grant,
3-8 rescission, or revocation of parole or other form of administrative
3-9 release; or
3-10 (3) <(4)> the suspension, revocation, or termination
3-11 of the certification of a breath analysis operator or technical
3-12 supervisor under the rules of the Department of Public Safety.
3-13 SECTION 4. Subchapter I, Chapter 2001, Government Code, is
3-14 amended by adding Section 2001.226 to read as follows:
3-15 Sec. 2001.226. EXCEPTION TO CONTESTED CASE PROVISIONS.
3-16 Subchapters C through F do not apply to the granting, payment,
3-17 denial, or withdrawal of financial assistance under Chapter 31,
3-18 Human Resources Code, nutritional assistance, or assistance under
3-19 Title IV-E, XIX, or XX, federal Social Security Act, as amended (42
3-20 U.S.C. Section 301 et seq.).
3-21 SECTION 5. Section 32.035, Human Resources Code, is
3-22 repealed.
3-23 SECTION 6. This Act takes effect September 1, 1995, and
3-24 applies only to an appeal under Section 31.034, Human Resources
3-25 Code, from an action taken by a state agency on or after that date.
3-26 SECTION 7. The importance of this legislation and the
3-27 crowded condition of the calendars in both houses create an
4-1 emergency and an imperative public necessity that the
4-2 constitutional rule requiring bills to be read on three several
4-3 days in each house be suspended, and this rule is hereby suspended.