S.B. No. 169
AN ACT
relating to ensuring that certain military members and their
spouses and dependents maintain their positions on interest lists
or other waiting lists for certain health and human services
assistance programs.
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. INTEREST LIST OR OTHER 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 state of legal residence in the manner
provided by the applicable military branch, or a spouse or
dependent child of the member; or
(2) the spouse or dependent child of a former military
member who had declared and maintained this state as the member's
state of legal residence in the manner provided by the applicable
military branch and who:
(A) was killed in action; or
(B) died while in service.
(c) The executive commissioner by rule shall require the
commission or another health and human services agency to:
(1) 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 cannot receive benefits under the assistance
program because the person temporarily resides out of state as the
result of military service; and
(2) subject to Subsection (e), offer benefits to the
person according to the person's position on the interest list or
other waiting list that was attained while the person resided out of
state if the person returns to reside in this state.
(d) If a person subject to this section reaches a position
on an interest list or other waiting list that would allow the
person to receive benefits under an assistance program but the
person cannot receive the benefits because the person temporarily
resides out of state as the result of military service, the
commission or agency providing the benefits shall maintain the
person's position on the list relative to other persons on the list
but continue to offer benefits to other persons on the interest list
or other waiting list in accordance with those persons' respective
positions on the list.
(e) 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 169 passed the Senate on
March 30, 2015, by the following vote: Yeas 30, Nays 0; and that
the Senate concurred in House amendment on May 22, 2015, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 169 passed the House, with
amendment, on May 19, 2015, by the following vote: Yeas 144,
Nays 0, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor