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


Senate Research CenterC.S.S.B. 239
By: West
Jurisprudence
4-13-97
Committee Report (Substituted)


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 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.
  




 SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Section 22.0181, Human Resources Code, to delete provisions
providing that an applicant or a recipient has exhausted all the
department's remedies after a hearing  reaches a final decision and  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.  Makes a
conforming change.  
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 Section 2001.227, Government Code, to make a conforming change.