76R9879 KLA-D                           
         By Naishtat                                           H.B. No. 3638
         Substitute the following for H.B. No. 3638:
         By Maxey                                          C.S.H.B. No. 3638
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to judicial review of certain decisions about public
 1-3     assistance benefits.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 22, Human Resources Code, is amended by
 1-6     adding Section 22.0181 to read as follows:
 1-7           Sec. 22.0181.  JUDICIAL REVIEW.  (a)  In this section,
 1-8     "commission" means the Health and Human Services Commission or an
 1-9     agency operating part of a public assistance program under Chapter
1-10     31, 32, or 33, as appropriate.
1-11           (b)  Except as provided by this section, Subchapters G and H,
1-12     Chapter 2001, Government Code, govern an appeal of a commission
1-13     decision related to public assistance benefits under Chapter 31,
1-14     32, or 33 brought by an applicant for or a recipient of the
1-15     benefits.
1-16           (c)  For purposes of Section 2001.171, Government Code, an
1-17     applicant for or recipient of public assistance benefits under
1-18     Chapter 31, 32, or 33 has exhausted all of the commission's
1-19     available administrative remedies when the commission, after a
1-20     hearing, reaches a final decision related to the benefits,
1-21     including a decision under Section 31.034 or 32.035.  The applicant
1-22     or recipient is not required to file a motion for rehearing with
1-23     the commission, and the commission's decision is considered final
1-24     on the date it is rendered.
 2-1           (d)  The cost of preparing the record and the transcript may
 2-2     not be charged to the applicant for or recipient of the benefits.
 2-3           (e)  An appeal described by Subsection (b) takes precedence
 2-4     over all civil cases except workers' compensation and unemployment
 2-5     cases.
 2-6           (f)  The appellee is the commission.
 2-7           SECTION 2.  Section 2001.223, Government Code, is amended to
 2-8     read as follows:
 2-9           Sec. 2001.223.  EXCEPTIONS FROM DECLARATORY JUDGMENT, COURT
2-10     ENFORCEMENT, AND CONTESTED CASE PROVISIONS.  Section 2001.038 and
2-11     Subchapters C through H do not apply to:
2-12                 (1)  [the granting, payment, denial, or withdrawal of
2-13     financial or medical assistance or benefits under service programs
2-14     of the Texas Department of Human Services;]
2-15                 [(2)]  action by the Banking Commissioner or the
2-16     Finance Commission of Texas regarding the issuance of a state bank
2-17     or state trust company charter for a bank or trust company to
2-18     assume the assets and liabilities of a financial institution that
2-19     the commissioner considers to be in hazardous condition as defined
2-20     by Section 31.002(a) or 181.002(a), Finance Code [1.002(a), Texas
2-21     Banking Act (Article 342-1.002, Vernon's Texas Civil Statutes), or
2-22     Section 1.002(a), Texas Trust Company Act], as applicable;
2-23                 (2) [(3)]  a hearing or interview conducted by the
2-24     Board of Pardons and Paroles or the pardons and paroles division of
2-25     the Texas Department of Criminal Justice relating to the grant,
2-26     rescission, or revocation of parole or other form of administrative
2-27     release; or
 3-1                 (3) [(4)]  the suspension, revocation, or termination
 3-2     of the certification of a breath analysis operator or technical
 3-3     supervisor under the rules of the Department of Public Safety.
 3-4           SECTION 3.  Subchapter I, Chapter 2001, Government Code, is
 3-5     amended by adding Section 2001.2231 to read as follows:
 3-6           Sec. 2001.2231.  EXCEPTION FROM DECLARATORY JUDGMENT AND
 3-7     CONTESTED CASE PROVISIONS.  Section 2001.038 and Subchapters C
 3-8     through F do not apply to the granting, payment, denial, or
 3-9     withdrawal of public assistance benefits under Chapter 31, 32, or
3-10     33, Human Resources Code.
3-11           SECTION 4.  This Act takes effect September 1, 1999, and
3-12     applies only to an appeal of a final decision rendered by the
3-13     Health and Human Services Commission or an agency that operates
3-14     part of a public assistance program on or after that date.  A final
3-15     decision rendered by the commission or agency before the effective
3-16     date of this Act is governed by the law in effect on the date the
3-17     decision was rendered, and the former law is continued in effect
3-18     for that purpose.
3-19           SECTION 5.  The importance of this legislation and the
3-20     crowded condition of the calendars in both houses create an
3-21     emergency and an imperative public necessity that the
3-22     constitutional rule requiring bills to be read on three several
3-23     days in each house be suspended, and this rule is hereby suspended.