1-1 By: West S.B. No. 434
1-2 (In the Senate - Filed February 3, 1995; February 6, 1995,
1-3 read first time and referred to Committee on Health and Human
1-4 Services; April 20, 1995, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 8, Nays 0;
1-6 April 20, 1995, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 434 By: Truan
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the appellate process for applicants and recipients of
1-11 certain state-administered assistance programs.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Chapter 22, Human Resources Code, is amended by
1-14 adding Section 22.0181 to read as follows:
1-15 Sec. 22.0181. JUDICIAL REVIEW. Sections 31.034 and 31.0341
1-16 govern the right of appeal of an applicant for or recipient of
1-17 assistance, including financial assistance under Chapter 31,
1-18 nutritional assistance, or assistance under Title IV-E, XIX, or XX,
1-19 federal Social Security Act, as amended (42 U.S.C. Section 301 et
1-20 seq.).
1-21 SECTION 2. Subchapter B, Chapter 31, Human Resources Code,
1-22 is amended by adding Section 31.0341 to read as follows:
1-23 Sec. 31.0341. APPEAL FROM DEPARTMENT DECISION. (a) For
1-24 purposes of this section, a department decision is final on the
1-25 date the decision or order is mailed to the applicant or recipient
1-26 or that person's attorney of record.
1-27 (b) A timely motion for rehearing is a prerequisite to an
1-28 appeal of a department decision or order. A motion for rehearing
1-29 must be filed with the hearing officer not later than the 20th day
1-30 after the date the decision or order becomes final. A reply to a
1-31 motion for rehearing must be filed with the hearing officer not
1-32 later than the 30th day after the date the decision or order
1-33 becomes final.
1-34 (c) The department shall act on a motion for rehearing not
1-35 later than the 45th day after the date the decision or order
1-36 becomes final. If the department does not act within that period,
1-37 the motion for rehearing is overruled by operation of law.
1-38 (d) Except as provided by this section, Subchapters G and H,
1-39 Chapter 2001, Government Code, apply to an applicant's or
1-40 recipient's appeal from the department's decision under Section
1-41 31.034.
1-42 (e) An applicant for or recipient of financial assistance
1-43 who files an appeal under this section may file an affidavit of
1-44 inability to pay costs under Rule 145, Texas Rules of Civil
1-45 Procedure. The cost of preparing the record and the transcript is
1-46 a court cost and may not be charged to the applicant.
1-47 (f) An appeal under this section takes precedence over all
1-48 other civil cases except workers' compensation and unemployment
1-49 cases.
1-50 (g) The appellee is the department.
1-51 SECTION 3. Section 2001.223, Government Code, is amended to
1-52 read as follows:
1-53 Sec. 2001.223. EXCEPTIONS FROM DECLARATORY JUDGMENT, COURT
1-54 ENFORCEMENT, AND CONTESTED CASE PROVISIONS. Section 2001.038 and
1-55 Subchapters C through H do not apply to:
1-56 (1) <the granting, payment, denial, or withdrawal of
1-57 financial or medical assistance or benefits under service programs
1-58 of the Texas Department of Human Services;>
1-59 <(2)> action by the Banking Commissioner or the State
1-60 Banking Board regarding the issuance of a state bank charter for a
1-61 bank to assume the assets and liabilities of a state bank that the
1-62 commissioner determines to be in an unsafe condition as defined by
1-63 Section 1, Article 1a, Chapter VIII, The Texas Banking Code
1-64 (Article 342-801a, Vernon's Texas Civil Statutes);
1-65 (2) <(3)> a hearing or interview conducted by the
1-66 Board of Pardons and Paroles or the pardons and paroles division of
1-67 the Texas Department of Criminal Justice relating to the grant,
1-68 rescission, or revocation of parole or other form of administrative
2-1 release; or
2-2 (3) <(4)> the suspension, revocation, or termination
2-3 of the certification of a breath analysis operator or technical
2-4 supervisor under the rules of the Department of Public Safety.
2-5 SECTION 4. Subchapter I, Chapter 2001, Government Code, is
2-6 amended by adding Section 2001.226 to read as follows:
2-7 Sec. 2001.226. EXCEPTION TO CONTESTED CASE PROVISIONS.
2-8 Subchapters C through F do not apply to the granting, payment,
2-9 denial, or withdrawal of financial assistance under Chapter 31,
2-10 Human Resources Code, nutritional assistance, or assistance under
2-11 Title IV-E, XIX, or XX, federal Social Security Act, as amended (42
2-12 U.S.C. Section 301 et seq.).
2-13 SECTION 5. Section 32.035, Human Resources Code, is
2-14 repealed.
2-15 SECTION 6. This Act takes effect September 1, 1995, and
2-16 applies only to an appeal under Section 31.034, Human Resources
2-17 Code, from an action taken by a state agency on or after that date.
2-18 SECTION 7. The importance of this legislation and the
2-19 crowded condition of the calendars in both houses create an
2-20 emergency and an imperative public necessity that the
2-21 constitutional rule requiring bills to be read on three several
2-22 days in each house be suspended, and this rule is hereby suspended.
2-23 * * * * *