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.
2-5 * * * * *