84R1258 JSL-D
By: Uresti S.B. No. 169
A BILL TO BE ENTITLED
AN ACT
relating to ensuring that certain military members who reside out
of state and their dependents maintain their positions on waiting
lists for certain assistance programs provided by health and human
services agencies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 531, Government Code, is
amended by adding Section 531.0931 to read as follows:
Sec. 531.0931. WAITING LIST RULES FOR CERTAIN MILITARY
MEMBERS AND THEIR DEPENDENTS. (a) In this section, "military
member" means a member of the United States military serving in the
army, navy, air force, marine corps, or coast guard on active duty.
(b) This section applies only to:
(1) a military member who has declared and maintains
this state as the member's home of record in the manner provided by
the applicable military branch, or a spouse or child of the member;
or
(2) the spouse or child of a former military member who
had declared and maintained this state as the member's home of
record in the manner provided by the applicable military branch
and:
(A) who was killed in action; or
(B) who died while in service.
(c) The executive commissioner by rule shall require the
commission or another health and human services agency to maintain
the position of a person subject to this section in the queue of an
interest list or other waiting list for any assistance program,
including a Section 1915(c) waiver program, provided by the
commission or other health and human services agency, if the person
temporarily resides out of state.
(d) In adopting rules under Subsection (c), the executive
commissioner must limit the amount of time a person may maintain the
person's position on an interest list or other waiting list under
Subsection (c) to not more than one year after the date on which, as
applicable:
(1) the member's active duty ends;
(2) the member was killed if the member was killed in
action; or
(3) the member died if the member died while in
service.
SECTION 2. The executive commissioner of the Health and
Human Services Commission shall adopt the rules necessary to
implement Section 531.0931, Government Code, as added by this Act,
not later than December 1, 2015.
SECTION 3. If before implementing any provision of this Act
a state agency determines that a waiver, an amendment to an existing
waiver, or another authorization from a federal agency is necessary
for implementation of that provision, the agency affected by the
provision shall request the waiver, amendment to the existing
waiver, or other authorization and may delay implementing that
provision until the waiver, amendment, or authorization is granted.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.