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A BILL TO BE ENTITLED
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AN ACT
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relating to ensuring that certain military members who reside out |
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of state and their dependents maintain their positions on waiting |
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lists for certain assistance programs provided by health and human |
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services agencies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 531, Government Code, is |
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amended by adding Section 531.0931 to read as follows: |
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Sec. 531.0931. WAITING LIST RULES FOR CERTAIN MILITARY |
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MEMBERS AND THEIR DEPENDENTS. (a) In this section, "military |
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member" means a member of the United States military serving in the |
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army, navy, air force, marine corps, or coast guard on active duty. |
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(b) This section applies only to: |
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(1) a military member who has declared and maintains |
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this state as the member's home of record in the manner provided by |
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the applicable military branch, or a spouse or child of the member; |
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or |
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(2) the spouse or child of a former military member who |
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had declared and maintained this state as the member's home of |
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record in the manner provided by the applicable military branch |
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and: |
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(A) who was killed in action; or |
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(B) who died while in service. |
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(c) The executive commissioner by rule shall require the |
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commission or another health and human services agency to maintain |
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the position of a person subject to this section in the queue of an |
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interest list or other waiting list for any assistance program, |
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including a Section 1915(c) waiver program, provided by the |
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commission or other health and human services agency, if the person |
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temporarily resides out of state. |
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(d) In adopting rules under Subsection (c), the executive |
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commissioner must limit the amount of time a person may maintain the |
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person's position on an interest list or other waiting list under |
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Subsection (c) to not more than one year after the date on which, as |
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applicable: |
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(1) the member's active duty ends; |
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(2) the member was killed if the member was killed in |
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action; or |
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(3) the member died if the member died while in |
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service. |
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SECTION 2. The executive commissioner of the Health and |
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Human Services Commission shall adopt the rules necessary to |
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implement Section 531.0931, Government Code, as added by this Act, |
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not later than December 1, 2015. |
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SECTION 3. If before implementing any provision of this Act |
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a state agency determines that a waiver, an amendment to an existing |
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waiver, or another authorization from a federal agency is necessary |
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for implementation of that provision, the agency affected by the |
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provision shall request the waiver, amendment to the existing |
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waiver, or other authorization and may delay implementing that |
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provision until the waiver, amendment, or authorization is granted. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |