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.