1-1 By: Hilderbran (Senate Sponsor - Duncan) H.B. No. 1439
1-2 (In the Senate - Received from the House May 6, 1997;
1-3 May 7, 1997, read first time and referred to Committee on Health
1-4 and Human Services; May 17, 1997, reported favorably, as amended,
1-5 by the following vote: Yeas 9, Nays 0; May 17, 1997, sent to
1-6 printer.)
1-7 COMMITTEE AMENDMENT NO. 1 By: West
1-8 Amend H.B. 1439 by striking SECTIONS 2 and 3, and substitute
1-9 the following in lieu thereof:
1-10 "SECTION 2. Subchapter B, Chapter 31, Human Resources Code,
1-11 is amended by adding Section 31.0341 to read as follows:
1-12 Sec. 31.0341. JUDICIAL REVIEW. (a) Except as provided by
1-13 this section, Sections 2001.142, 2001.144, 2001.145, and 2001.146,
1-14 Government Code, and Subchapters G and H, Chapter 2001, Government
1-15 Code, govern an appeal of a department decision under Section
1-16 31.034 by an applicant for or a recipient of financial assistance
1-17 under this chapter.
1-18 (b) The cost of preparing the record and the transcript may
1-19 not be charged to the applicant for or recipient of the assistance.
1-20 (c) An appeal described by Subsection (a) takes precedence
1-21 over all civil cases except workers' compensation and unemployment
1-22 cases.
1-23 (d) The appellee is the department.
1-24 SECTION 3. Section 2001.223, Government Code, is amended to
1-25 read as follows:
1-26 Sec. 2001.223. Exceptions From Declaratory Judgment, Court
1-27 Enforcement, and Contested Case Provisions. Section 2001.038 and
1-28 Subchapters C through H do not apply to:
1-29 (1) the granting, payment, denial, or withdrawal of
1-30 [financial] or medical or nutritional assistance or benefits under
1-31 service programs of the Texas Department of Human Services;
1-32 (2) action by the Banking Commissioner or the Finance
1-33 Commission of Texas regarding the issuance of a state bank charter
1-34 for a bank to assume the assets and liabilities of a financial
1-35 institution that the commissioner considers to be in hazardous
1-36 condition as defined by Section 1.002(a), Texas Banking Act;
1-37 (3) a hearing or interview conducted by the Board of
1-38 Pardons and Paroles or the pardons and paroles division of the
1-39 Texas Department of Criminal Justice relating to the grant,
1-40 rescission, or revocation of parole or other form of administrative
1-41 release; or
1-42 (4) the suspension, revocation, or termination of the
1-43 certification of a breath analysis operator or technical supervisor
1-44 under the rules of the Department of Public Safety.
1-45 SECTION 4. Subchapter I, Chapter 2001, Government Code, is
1-46 amended by adding Section 2001.227 to read as follows:
1-47 Sec. 2001.227. EXCEPTION FROM DECLARATORY JUDGMENT AND
1-48 CONTESTED CASE PROVISIONS. Except as provided by Section 31.0341,
1-49 Human Resources Code, Section 2001.038 and Subchapters C-F do not
1-50 apply to the granting, payment, denial, or withdrawal of financial
1-51 assistance under Chapter 31, Human Resources Code, by the Texas
1-52 Department of Human Services.
1-53 SECTION 5. This Act takes effect September 1, 1997, and
1-54 applies only to an appeal of a final decision rendered by the Texas
1-55 Department of Human Services on or after that date. A final
1-56 decision rendered by the department before the effective date of
1-57 this Act is governed by the law in effect on the date the decision
1-58 was rendered, and the former law is continued in effect for that
1-59 purpose.
1-60 SECTION 6. The importance of this legislation and the
1-61 crowded condition of the calendars in both houses create an
1-62 emergency and an imperative public necessity that the
1-63 constitutional rule requiring bills to be read on three several
1-64 days in each house be suspended, and this rule is hereby suspended.
2-1 A BILL TO BE ENTITLED
2-2 AN ACT
2-3 relating to use of financial assistance granted to persons with
2-4 dependent children.
2-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
2-6 SECTION 1. Subchapter B, Chapter 31, Human Resources Code,
2-7 is amended by adding Section 31.0355 to read as follows:
2-8 Sec. 31.0355. USE OF FINANCIAL ASSISTANCE. (a) Financial
2-9 assistance granted to a person under this chapter may be used only
2-10 to purchase goods and services that are considered essential and
2-11 necessary for the welfare of the family, including food, clothing,
2-12 housing, utilities, child care, and incidentals such as
2-13 transportation and medicine or medical supplies or equipment not
2-14 covered by Medicaid. The department by rule shall define what
2-15 constitutes essential and necessary goods and services for purposes
2-16 of this subsection.
2-17 (b) If a recipient of financial assistance who receives the
2-18 assistance by electronic benefits transfer to an account is
2-19 authorized to make a cash withdrawal from the account through a
2-20 provider of the goods or services described by Subsection (a), the
2-21 recipient may make the cash withdrawal only at the customer service
2-22 department of the provider and not at the provider's point-of-sale
2-23 terminal.
2-24 (c) The department shall encourage housing authorities,
2-25 utility companies, public transportation companies, and other
2-26 nonfood retailers to accept payment for goods and services
2-27 described by Subsection (a) through the state's electronic benefits
2-28 transfer (EBT) system.
2-29 (d) To determine the feasibility of using the EBT system to
2-30 accept payment for goods and services described by Subsection (a),
2-31 the department shall conduct a pilot project in which utility
2-32 companies, housing agencies, and other retailers use the EBT system
2-33 to accept payment for medicine, medical supplies, and medical
2-34 equipment not covered by Medicaid and other goods and services
2-35 described by Subsection (a). The cost of the point-of-sale (POS)
2-36 devices in the pilot project shall not be a state expense, except
2-37 for POS devices located in retail businesses that sell medicine or
2-38 medical supplies or medical equipment. The department shall work
2-39 in conjunction with the office of client transportation services of
2-40 the Health and Human Services Commission to determine if EBT
2-41 transportation applications are feasible.
2-42 (e) If the department determines that the pilot projects
2-43 show that use of the EBT system is feasible and useful for the
2-44 businesses and clients participating in the pilot project, the
2-45 department shall promote the use of the EBT system to appropriate
2-46 businesses statewide with the goal of securing the participation of
2-47 all those businesses in using the EBT system to accept payment for
2-48 goods and services described by Subsection (a).
2-49 (f) The department shall evaluate the pilot project and
2-50 report to the 76th Legislature on the effectiveness of the pilot
2-51 project not later than January 15, 1999.
2-52 SECTION 2. This Act takes effect September 1, 1997.
2-53 SECTION 3. The importance of this legislation and the
2-54 crowded condition of the calendars in both houses create an
2-55 emergency and an imperative public necessity that the
2-56 constitutional rule requiring bills to be read on three several
2-57 days in each house be suspended, and this rule is hereby suspended.
2-58 * * * * *