| 1 | 1 | | 84R1258 JSL-D |
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| 2 | 2 | | By: King of Taylor H.B. No. 765 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to ensuring that certain military members who reside out |
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| 8 | 8 | | of state and their dependents maintain their positions on waiting |
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| 9 | 9 | | lists for certain assistance programs provided by health and human |
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| 10 | 10 | | services agencies. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter B, Chapter 531, Government Code, is |
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| 13 | 13 | | amended by adding Section 531.0931 to read as follows: |
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| 14 | 14 | | Sec. 531.0931. WAITING LIST RULES FOR CERTAIN MILITARY |
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| 15 | 15 | | MEMBERS AND THEIR DEPENDENTS. (a) In this section, "military |
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| 16 | 16 | | member" means a member of the United States military serving in the |
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| 17 | 17 | | army, navy, air force, marine corps, or coast guard on active duty. |
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| 18 | 18 | | (b) This section applies only to: |
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| 19 | 19 | | (1) a military member who has declared and maintains |
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| 20 | 20 | | this state as the member's home of record in the manner provided by |
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| 21 | 21 | | the applicable military branch, or a spouse or child of the member; |
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| 22 | 22 | | or |
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| 23 | 23 | | (2) the spouse or child of a former military member who |
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| 24 | 24 | | had declared and maintained this state as the member's home of |
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| 25 | 25 | | record in the manner provided by the applicable military branch |
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| 26 | 26 | | and: |
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| 27 | 27 | | (A) who was killed in action; or |
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| 28 | 28 | | (B) who died while in service. |
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| 29 | 29 | | (c) The executive commissioner by rule shall require the |
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| 30 | 30 | | commission or another health and human services agency to maintain |
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| 31 | 31 | | the position of a person subject to this section in the queue of an |
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| 32 | 32 | | interest list or other waiting list for any assistance program, |
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| 33 | 33 | | including a Section 1915(c) waiver program, provided by the |
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| 34 | 34 | | commission or other health and human services agency, if the person |
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| 35 | 35 | | temporarily resides out of state. |
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| 36 | 36 | | (d) In adopting rules under Subsection (c), the executive |
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| 37 | 37 | | commissioner must limit the amount of time a person may maintain the |
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| 38 | 38 | | person's position on an interest list or other waiting list under |
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| 39 | 39 | | Subsection (c) to not more than one year after the date on which, as |
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| 40 | 40 | | applicable: |
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| 41 | 41 | | (1) the member's active duty ends; |
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| 42 | 42 | | (2) the member was killed if the member was killed in |
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| 43 | 43 | | action; or |
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| 44 | 44 | | (3) the member died if the member died while in |
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| 45 | 45 | | service. |
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| 46 | 46 | | SECTION 2. The executive commissioner of the Health and |
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| 47 | 47 | | Human Services Commission shall adopt the rules necessary to |
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| 48 | 48 | | implement Section 531.0931, Government Code, as added by this Act, |
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| 49 | 49 | | not later than December 1, 2015. |
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| 50 | 50 | | SECTION 3. If before implementing any provision of this Act |
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| 51 | 51 | | a state agency determines that a waiver, an amendment to an existing |
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| 52 | 52 | | waiver, or another authorization from a federal agency is necessary |
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| 53 | 53 | | for implementation of that provision, the agency affected by the |
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| 54 | 54 | | provision shall request the waiver, amendment to the existing |
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| 55 | 55 | | waiver, or other authorization and may delay implementing that |
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| 56 | 56 | | provision until the waiver, amendment, or authorization is granted. |
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| 57 | 57 | | SECTION 4. This Act takes effect immediately if it receives |
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| 58 | 58 | | a vote of two-thirds of all the members elected to each house, as |
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| 59 | 59 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 60 | 60 | | Act does not receive the vote necessary for immediate effect, this |
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| 61 | 61 | | Act takes effect September 1, 2015. |
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