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A BILL TO BE ENTITLED
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AN ACT
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relating to administrative and judicial review of certain decisions |
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about public assistance benefits. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 531, Government Code, is |
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amended by adding Section 531.019 to read as follows: |
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Sec. 531.019. ADMINISTRATIVE AND JUDICIAL REVIEW OF CERTAIN |
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DECISIONS. (a) In this section, "public assistance benefits" |
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means benefits provided under a public assistance program under |
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Chapter 32 or 33, Human Resources Code. |
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(b) The proceedings of a hearing related to a decision |
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regarding public assistance benefits contested by an applicant for |
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or recipient of the benefits that is conducted by the commission or |
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a health and human services agency to which the commission |
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delegates a function related to the benefits must be recorded |
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electronically. Notwithstanding Section 2001.177, the cost of |
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preparing the record and transcript required to be sent to a |
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reviewing court may not be charged to the applicant for or recipient |
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of the benefits. |
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(c) Before an applicant for or recipient of public |
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assistance benefits may appeal a decision of a hearing officer for |
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the commission or a health and human services agency related to |
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those benefits, the applicant or recipient must request an |
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administrative review by an appropriate attorney of the commission |
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or a health and human services agency, as applicable, in accordance |
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with rules of the executive commissioner. Not later than the 15th |
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business day after the date the attorney receives the request for |
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administrative review, the attorney shall complete an |
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administrative review of the decision and notify the applicant or |
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recipient in writing of the results of that review. |
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(d) Except as provided by this section, Subchapters G and H, |
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Chapter 2001, govern an appeal of a decision made by a hearing |
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officer for the commission or a health and human services agency |
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related to public assistance benefits brought by an applicant for |
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or recipient of the benefits. |
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(e) For purposes of Section 2001.171, an applicant for or |
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recipient of public assistance benefits has exhausted all available |
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administrative remedies and a decision, including a decision under |
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Section 32.035, Human Resources Code, is final and appealable on |
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the date that, after a hearing: |
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(1) the hearing officer for the commission or a health |
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and human services agency reaches a final decision related to the |
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benefits; and |
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(2) the appropriate attorney completes an |
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administrative review of the decision and notifies the applicant or |
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recipient in writing of the results of that review. |
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(f) For purposes of Section 2001.171, an applicant for or |
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recipient of public assistance benefits is not required to file a |
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motion for rehearing with the commission or a health and human |
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services agency, as applicable. |
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(g) Judicial review of a decision made by a hearing officer |
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for the commission or a health and human services agency related to |
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public assistance benefits is under the substantial evidence rule |
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and is instituted by filing a petition with a district court in |
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Travis County, as provided by Subchapter G, Chapter 2001. |
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(h) An appeal described by Subsection (d) takes precedence |
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over all civil cases except workers' compensation and unemployment |
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compensation cases. |
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(i) The appellee is the commission. |
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SECTION 2. Section 2001.223, Government Code, is amended |
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to read as follows: |
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Sec. 2001.223. EXCEPTIONS FROM DECLARATORY JUDGMENT, COURT |
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ENFORCEMENT, AND CONTESTED CASE PROVISIONS. Section 2001.038 and |
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Subchapters C through H do not apply to: |
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(1) except as provided by Section 531.019, the |
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granting, payment, denial, or withdrawal of financial or medical |
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assistance or benefits under service programs that were operated by |
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the former [of the] Texas Department of Human Services before |
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September 1, 2003, and are operated on and after that date by the |
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Health and Human Services Commission or a health and human services |
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agency, as defined by Section 531.001; |
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(2) action by the Banking Commissioner or the Finance |
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Commission of Texas regarding the issuance of a state bank or state |
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trust company charter for a bank or trust company to assume the |
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assets and liabilities of a financial institution that the |
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commissioner considers to be in hazardous condition as defined by |
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Section 31.002(a) or 181.002(a), Finance Code, as applicable; |
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(3) a hearing or interview conducted by the Board of |
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Pardons and Paroles or the pardons and paroles division of the Texas |
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Department of Criminal Justice relating to the grant, rescission, |
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or revocation of parole or other form of administrative release; or |
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(4) the suspension, revocation, or termination of the |
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certification of a breath analysis operator or technical supervisor |
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under the rules of the Department of Public Safety. |
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SECTION 3. The changes in law made by this Act apply only to |
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an appeal of a final decision by the Health and Human Services |
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Commission or a health and human services agency to which the |
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commission delegates a function related to public assistance |
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benefits under Chapter 32 or 33, Human Resources Code, that is |
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rendered on or after the effective date of this Act. A final |
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decision rendered by the commission or a health and human services |
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agency before the effective date of this Act is governed by the law |
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in effect on the date the decision was rendered, and the former law |
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is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2007 |
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