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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 and their |
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spouses and dependents maintain their positions on interest lists |
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or other waiting lists for certain health and human services |
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assistance programs. |
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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. INTEREST LIST OR OTHER WAITING LIST RULES |
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FOR CERTAIN MILITARY MEMBERS AND THEIR DEPENDENTS. (a) In this |
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section, "military member" means a member of the United States |
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military serving in the army, navy, air force, marine corps, or |
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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 dependent child of |
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the member; or |
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(2) the spouse or dependent child of a former military |
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member who had declared and maintained this state as the member's |
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home of record in the manner provided by the applicable military |
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branch and who: |
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(A) was killed in action; or |
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(B) 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: |
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(1) maintain the position of a person subject to this |
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section in the queue of an interest list or other waiting list for |
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any assistance program, including a Section 1915(c) waiver program, |
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provided by the commission or other health and human services |
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agency, if the person cannot receive benefits under the assistance |
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program because the person temporarily resides out of state as the |
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result of military service; and |
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(2) subject to Subsection (e), offer benefits to the |
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person according to the person's position on the interest list or |
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other waiting list that was attained while the person resided out of |
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state if the person returns to reside in this state. |
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(d) If a person subject to this section reaches a position |
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on an interest list or other waiting list that would allow the |
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person to receive benefits under an assistance program but the |
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person cannot receive the benefits because the person temporarily |
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resides out of state as the result of military service, the |
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commission or agency providing the benefits shall maintain the |
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person's position on the list relative to other persons on the list |
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but continue to offer benefits to other persons on the interest list |
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or other waiting list in accordance with those persons' respective |
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positions on the list. |
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(e) 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. |
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