1-1     By:  West                                              S.B. No. 239

 1-2           (In the Senate - Filed January 17, 1997; January 21, 1997,

 1-3     read first time and referred to Committee on Jurisprudence;

 1-4     April 16, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 7, Nays 0; April 16, 1997,

 1-6     sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 239                   By:  Duncan

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to judicial review of certain decisions about public

1-11     assistance benefits administered by the Texas Department of Human

1-12     Services.

1-13           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-14           SECTION 1.  Subchapter B, Chapter 31, Human Resources Code,

1-15     is amended by adding Section 31.0341 to read as follows:

1-16           Sec. 31.0341.  JUDICIAL REVIEW.  (a)  Except as provided by

1-17     this section, Sections 2001.142, 2001.144, 2001.145, and 2001.146,

1-18     Government Code, and Subchapters G and H, Chapter 2001, Government

1-19     Code, govern an appeal of a department decision under Section

1-20     31.034 by an applicant for or a recipient of financial assistance

1-21     under this chapter.

1-22           (b)  The cost of preparing the record and the transcript may

1-23     not be charged to the applicant for or recipient of the assistance.

1-24           (c)  An appeal described by Subsection (a) takes precedence

1-25     over all civil cases except workers' compensation and unemployment

1-26     cases.

1-27           (d)  The appellee is the department.

1-28           SECTION 2.  Section 2001.223, Government Code, is amended to

1-29     read as follows:

1-30           Sec. 2001.223.  EXCEPTIONS FROM DECLARATORY JUDGMENT, COURT

1-31     ENFORCEMENT, AND CONTESTED CASE PROVISIONS.  Section 2001.038 and

1-32     Subchapters C through H do not apply to:

1-33                 (1)  the granting, payment, denial, or withdrawal of

1-34     [financial or] medical or nutritional assistance or benefits under

1-35     service programs of the Texas Department of Human Services;

1-36                 (2)  action by the Banking Commissioner or the Finance

1-37     Commission of Texas regarding the issuance of a state bank charter

1-38     for a bank to assume the assets and liabilities of a financial

1-39     institution that the commissioner considers to be in hazardous

1-40     condition as defined by Section 1.002(a), Texas Banking Act;

1-41                 (3)  a hearing or interview conducted by the Board of

1-42     Pardons and Paroles or the pardons and paroles division of the

1-43     Texas Department of Criminal Justice relating to the grant,

1-44     rescission, or revocation of parole or other form of administrative

1-45     release; or

1-46                 (4)  the suspension, revocation, or termination of the

1-47     certification of a breath analysis operator or technical supervisor

1-48     under the rules of the Department of Public Safety.

1-49           SECTION 3.  Subchapter I, Chapter 2001, Government Code, is

1-50     amended by adding Section 2001.227 to read as follows:

1-51           Sec. 2001.227.  EXCEPTION FROM DECLARATORY JUDGMENT AND

1-52     CONTESTED CASE PROVISIONS.  Except as provided by Section 31.0341,

1-53     Human Resources Code, Section 2001.038 and Subchapters C-F do not

1-54     apply to the granting, payment, denial, or withdrawal of financial

1-55     assistance under Chapter 31, Human Resources Code, by the Texas

1-56     Department of Human Services.

1-57           SECTION 4.  This Act takes effect September 1, 1997, and

1-58     applies only to an appeal of a final decision rendered by the Texas

1-59     Department of Human Services on or after that date.  A final

1-60     decision rendered by the department before the effective date of

1-61     this Act is governed by the law in effect on the date the decision

1-62     was rendered, and the former law is continued in effect for that

1-63     purpose.

1-64           SECTION 5.  The importance of this legislation and the

 2-1     crowded condition of the calendars in both houses create an

 2-2     emergency and an imperative public necessity that the

 2-3     constitutional rule requiring bills to be read on three several

 2-4     days in each house be suspended, and this rule is hereby suspended.

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