SRC-AAA S.B. 239 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 239
By: West
Jurisprudence
2-13-97
As Filed


DIGEST 

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 provides an applicant or recipient of benefits to
judicial review of certain decisions about public assistance benefits
administered by th 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 Chapters 2001G and H,
Government Code, govern an appeal of a Texas Department of Human Services'
(department) decision related to public assistance benefits administered
by the department brought by an applicant or recipient of benefits.
Provides that an applicant or a recipient has exhausted all the
department's remedies after a hearing  reaches a final decision.  Provides
that an applicant or recipient is not required to file a motion for
hearing and the department's decision is final on the date it is rendered.
Prohibits that 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.  
SECTION 2. Amends Section 2001.223, Government Code, to make conforming
changes.   
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 public assistance
benefits administered by the Texas Department of Human Services. 

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

SECTION 5. Emergency clause.