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.