CLC S.B. 239 75(R)BILL ANALYSIS


HUMAN SERVICES
S.B. 239
By: West, Royce (Naishtat)
5-15-97
Committee Report (Unamended)


BACKGROUND 

Currently, Texas is the only state that does not permit 
applicants and recipients of public benefits to 
seek judicial review of Texas Department of Human Services final 
administrative decisions.   Other 
agencies, however, do allow dissatisfied individuals to appeal 
decisions.  This bill provides 
applicants or recipients of benefits with judicial review of 
certain  decisions concerning public 
assistance benefits.

PURPOSE

As proposed, S.B. 239 sets forth requirements for judicial review 
of certain decisions about public 
assistance benefits administered by the Texas Department of Human 
Services.

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a 
state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 22, Human Resources Code, by adding 
Section 22.0181, as follows:

Sec 22.0181.  JUDICIAL REVIEW.  Provides that except as 
provided by this section, 
Sections 2001.142 and 2001.144-2001.146, Government Code; 
and Chapters 2001G and H, 
Government Code, govern an appeal of a Texas Department of 
Human Services (department) 
under Section 31.034 of an applicant or recipient of 
financial assistance.  Prohibits the cost 
of preparing the record and transcript from being charged to 
an applicant or recipient. 
Provides that an appeal under  Subsection (a) takes 
precedence over all civil cases except 
workers' compensation and unemployment cases. Provides that 
the appellee is the 
department.
 
SECTION 2. Amends Section 2001.223, Government Code, provide that 
Subchapters C through 
H do not apply to the withdrawal of nutritional, rather than 
financial assistance.
 
SECTION 3. Amends Chapter 2001I, Government Code, by adding 
Section 2001.227, as follows:

Sec. 2001.227. EXCEPTION FROM DECLARATORY JUDGEMENT AND 
CONTESTED 
CASE PROVISIONS.  Provides that 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, 
with an exception.

SECTION 4. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 5. Emergency clause.