Amend HB 1439 by striking SECTIONS 2 and 3, and substitute
the following in lieu thereof:
      "SECTION 2.  Subchapter B, Chapter 31, Human Resources Code,
is amended by adding Section 31.0341 to read as follows:
      Sec. 31.0341.  JUDICIAL REVIEW.  (a)  Except as provided by
this section, Sections 2001.142, 2001.144, 2001.145, and 2001.146,
Government Code, and Subchapters G and H, Chapter 2001, Government
Code, govern an appeal of a department decision under Section
31.034 by an applicant for or a recipient of financial assistance
under this chapter.
      (b)  The cost of preparing the record and the transcript may
not be charged to the applicant for or recipient of the assistance.
      (c)  An appeal described by Subsection (a) takes precedence
over all civil cases except workers' compensation and unemployment
cases.
      (d)  The appellee is the department.
      SECTION 3.  Section 2001.223, Government Code, is amended to
read as follows:
      Sec. 2001.223.  EXCEPTIONS FROM DECLARATORY JUDGMENT, COURT
ENFORCEMENT, AND CONTESTED CASE PROVISIONS.  Section 2001.038 and
Subchapters C through H do not apply to:
      (1)  the granting, payment, denial, or withdrawal of
financial or medical or nutritional assistance or benefits under
service programs of the Texas Department of Human Services;
      (2)  action by the Banking Commissioner or the Finance
Commission of Texas regarding the issuance of a state bank charter
for a bank to assume the assets and liabilities of a financial
institution that the commissioner considers to be in hazardous
condition as defined by Section 1.002(a), Texas Banking Act;
      (3)  a hearing or interview conducted by the Board of Pardons
and Paroles or the pardons and paroles division of the Texas
Department of Criminal Justice relating to the grant, rescission,
or revocation of parole or other form of administrative release; or
      (4)  the suspension, revocation, or termination of the
certification of a breath analysis operator or technical supervisor
under the rules of the Department of Public Safety.
      SECTION 4.  Subchapter I, Chapter 2001, Government Code, is
amended by adding Section 2001.227 to read as follows:
      Sec. 2001.227.  EXCEPTION FROM DECLARATORY JUDGMENT AND
CONTESTED CASE PROVISIONS.  Except as provided by Section 31.0341,
Human Resources Code, Section 2001.038 and Subchapters C-F do not
apply to the granting, payment, denial, or withdrawal of financial
assistance under Chapter 31, Human Resources Code, by the Texas
Department of Human Services.
      SECTION 5.  This Act takes effect September 1, 1997, and
applies only to an appeal of a final decision rendered by the Texas
Department of Human Services on or after that date.  A final
decision rendered by the department before the effective date of
this Act is governed by the law in effect on the date the decision
was rendered, and the former law is continued in effect for that
purpose.
      SECTION 6.  The importance of this legislation and the
crowded condition of the calendars in both houses create an
emergency and an imperative public necessity that the
constitutional rule requiring bills to be read on three several
days in each house be suspended, and this rule is hereby
suspended."