By: West S.B. No. 239
A BILL TO BE ENTITLED
AN ACT
1-1 relating to judicial review of certain decisions about public
1-2 assistance benefits administered by the Texas Department of Human
1-3 Services.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 31, Human Resources Code,
1-6 is amended by adding Section 31.0341 to read as follows:
1-7 Sec. 31.0341. JUDICIAL REVIEW. (a) Except as provided by
1-8 this section, Sections 2001.142, 2001.144, 2001.145, and 2001.146,
1-9 Government Code, and Subchapters G and H, Chapter 2001, Government
1-10 Code, govern an appeal of a department decision under Section
1-11 31.034 by an applicant for or a recipient of financial assistance
1-12 under this chapter.
1-13 (b) The cost of preparing the record and the transcript may
1-14 not be charged to the applicant for or recipient of the assistance.
1-15 (c) An appeal described by Subsection (a) takes precedence
1-16 over all civil cases except workers' compensation and unemployment
1-17 cases.
1-18 (d) The appellee is the department.
1-19 SECTION 2. Section 2001.223, Government Code, is amended to
1-20 read as follows:
1-21 Sec. 2001.223. EXCEPTIONS FROM DECLARATORY JUDGMENT, COURT
1-22 ENFORCEMENT, AND CONTESTED CASE PROVISIONS. Section 2001.038 and
1-23 Subchapters C through H do not apply to:
2-1 (1) the granting, payment, denial, or withdrawal of
2-2 [financial or] medical or nutritional assistance or benefits under
2-3 service programs of the Texas Department of Human Services;
2-4 (2) action by the Banking Commissioner or the Finance
2-5 Commission of Texas regarding the issuance of a state bank charter
2-6 for a bank to assume the assets and liabilities of a financial
2-7 institution that the commissioner considers to be in hazardous
2-8 condition as defined by Section 1.002(a), Texas Banking Act;
2-9 (3) a hearing or interview conducted by the Board of
2-10 Pardons and Paroles or the pardons and paroles division of the
2-11 Texas Department of Criminal Justice relating to the grant,
2-12 rescission, or revocation of parole or other form of administrative
2-13 release; or
2-14 (4) the suspension, revocation, or termination of the
2-15 certification of a breath analysis operator or technical supervisor
2-16 under the rules of the Department of Public Safety.
2-17 SECTION 3. Subchapter I, Chapter 2001, Government Code, is
2-18 amended by adding Section 2001.227 to read as follows:
2-19 Sec. 2001.227. EXCEPTION FROM DECLARATORY JUDGMENT AND
2-20 CONTESTED CASE PROVISIONS. Except as provided by Section 31.0341,
2-21 Human Resources Code, Section 2001.038 and Subchapters C-F do not
2-22 apply to the granting, payment, denial, or withdrawal of financial
2-23 assistance under Chapter 31, Human Resources Code, by the Texas
2-24 Department of Human Services.
2-25 SECTION 4. This Act takes effect September 1, 1997, and
3-1 applies only to an appeal of a final decision rendered by the Texas
3-2 Department of Human Services on or after that date. A final
3-3 decision rendered by the department before the effective date of
3-4 this Act is governed by the law in effect on the date the decision
3-5 was rendered, and the former law is continued in effect for that
3-6 purpose.
3-7 SECTION 5. The importance of this legislation and the
3-8 crowded condition of the calendars in both houses create an
3-9 emergency and an imperative public necessity that the
3-10 constitutional rule requiring bills to be read on three several
3-11 days in each house be suspended, and this rule is hereby suspended.