By West S.B. No. 239
75R1880 SAW-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to judicial review of certain decisions about public
1-3 assistance benefits administered by the Texas Department of Human
1-4 Services.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 22, Human Resources Code, is amended by
1-7 adding Section 22.0181 to read as follows:
1-8 Sec. 22.0181. JUDICIAL REVIEW. (a) Except as provided by
1-9 this section, Subchapters G and H, Chapter 2001, Government Code,
1-10 govern an appeal of a department decision related to public
1-11 assistance benefits administered by the department brought by an
1-12 applicant for or a recipient of the benefits.
1-13 (b) For purposes of Section 2001.171, Government Code, an
1-14 applicant for or recipient of public assistance benefits
1-15 administered by the department has exhausted all of the
1-16 department's available administrative remedies when the department
1-17 after a hearing reaches a final decision related to the benefits,
1-18 including a decision under Section 31.034 or Section 32.035. The
1-19 applicant or recipient is not required to file a motion for
1-20 rehearing with the department, and the department's decision is
1-21 considered final on the date it is rendered.
1-22 (c) The cost of preparing the record and the transcript may
1-23 not be charged to the applicant for or recipient of the benefits.
1-24 (d) An appeal described by Subsection (a) takes precedence
2-1 over all civil cases except workers' compensation and unemployment
2-2 cases.
2-3 (e) The appellee is the department.
2-4 SECTION 2. Section 2001.223, Government Code, is amended to
2-5 read as follows:
2-6 Sec. 2001.223. EXCEPTIONS FROM DECLARATORY JUDGMENT, COURT
2-7 ENFORCEMENT, AND CONTESTED CASE PROVISIONS. Section 2001.038 and
2-8 Subchapters C through H do not apply to:
2-9 (1) [the granting, payment, denial, or withdrawal of
2-10 financial or medical assistance or benefits under service programs
2-11 of the Texas Department of Human Services;]
2-12 [(2)] action by the Banking Commissioner or the
2-13 Finance Commission of Texas regarding the issuance of a state bank
2-14 charter for a bank to assume the assets and liabilities of a
2-15 financial institution that the commissioner considers to be in
2-16 hazardous condition as defined by Section 1.002(a), Texas Banking
2-17 Act;
2-18 (2) [(3)] a hearing or interview conducted by the
2-19 Board of Pardons and Paroles or the pardons and paroles division of
2-20 the Texas Department of Criminal Justice relating to the grant,
2-21 rescission, or revocation of parole or other form of administrative
2-22 release; or
2-23 (3) [(4)] the suspension, revocation, or termination
2-24 of the certification of a breath analysis operator or technical
2-25 supervisor under the rules of the Department of Public Safety.
2-26 SECTION 3. Subchapter I, Chapter 2001, Government Code, is
2-27 amended by adding Section 2001.227 to read as follows:
3-1 Sec. 2001.227. EXCEPTION FROM DECLARATORY JUDGMENT AND
3-2 CONTESTED CASE PROVISIONS. Section 2001.038 and Subchapters C-F do
3-3 not apply to the granting, payment, denial, or withdrawal of public
3-4 assistance benefits administered by the Texas Department of Human
3-5 Services.
3-6 SECTION 4. This Act takes effect September 1, 1997, and
3-7 applies only to an appeal of a final decision rendered by the Texas
3-8 Department of Human Services on or after that date. A final
3-9 decision rendered by the department before the effective date of
3-10 this Act is governed by the law in effect on the date the decision
3-11 was rendered, and the former law is continued in effect for that
3-12 purpose.
3-13 SECTION 5. The importance of this legislation and the
3-14 crowded condition of the calendars in both houses create an
3-15 emergency and an imperative public necessity that the
3-16 constitutional rule requiring bills to be read on three several
3-17 days in each house be suspended, and this rule is hereby suspended.