8 | 4 | | AN ACT |
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9 | 5 | | relating to ensuring that certain military members and their |
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10 | 6 | | spouses and dependents maintain their positions on interest lists |
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11 | 7 | | or other waiting lists for certain health and human services |
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12 | 8 | | assistance programs. |
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13 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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14 | 10 | | SECTION 1. Subchapter B, Chapter 531, Government Code, is |
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15 | 11 | | amended by adding Section 531.0931 to read as follows: |
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16 | 12 | | Sec. 531.0931. INTEREST LIST OR OTHER WAITING LIST RULES |
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17 | 13 | | FOR CERTAIN MILITARY MEMBERS AND THEIR DEPENDENTS. (a) In this |
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18 | 14 | | section, "military member" means a member of the United States |
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19 | 15 | | military serving in the army, navy, air force, marine corps, or |
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20 | 16 | | coast guard on active duty. |
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21 | 17 | | (b) This section applies only to: |
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22 | 18 | | (1) a military member who has declared and maintains |
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23 | 19 | | this state as the member's state of legal residence in the manner |
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24 | 20 | | provided by the applicable military branch, or a spouse or |
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25 | 21 | | dependent child of the member; or |
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26 | 22 | | (2) the spouse or dependent child of a former military |
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27 | 23 | | member who had declared and maintained this state as the member's |
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28 | 24 | | state of legal residence in the manner provided by the applicable |
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29 | 25 | | military branch and who: |
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30 | 26 | | (A) was killed in action; or |
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31 | 27 | | (B) died while in service. |
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32 | 28 | | (c) The executive commissioner by rule shall require the |
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33 | 29 | | commission or another health and human services agency to: |
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34 | 30 | | (1) maintain the position of a person subject to this |
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35 | 31 | | section in the queue of an interest list or other waiting list for |
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36 | 32 | | any assistance program, including a Section 1915(c) waiver program, |
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37 | 33 | | provided by the commission or other health and human services |
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38 | 34 | | agency, if the person cannot receive benefits under the assistance |
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39 | 35 | | program because the person temporarily resides out of state as the |
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40 | 36 | | result of military service; and |
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41 | 37 | | (2) subject to Subsection (e), offer benefits to the |
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42 | 38 | | person according to the person's position on the interest list or |
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43 | 39 | | other waiting list that was attained while the person resided out of |
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44 | 40 | | state if the person returns to reside in this state. |
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45 | 41 | | (d) If a person subject to this section reaches a position |
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46 | 42 | | on an interest list or other waiting list that would allow the |
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47 | 43 | | person to receive benefits under an assistance program but the |
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48 | 44 | | person cannot receive the benefits because the person temporarily |
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49 | 45 | | resides out of state as the result of military service, the |
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50 | 46 | | commission or agency providing the benefits shall maintain the |
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51 | 47 | | person's position on the list relative to other persons on the list |
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52 | 48 | | but continue to offer benefits to other persons on the interest list |
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53 | 49 | | or other waiting list in accordance with those persons' respective |
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54 | 50 | | positions on the list. |
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55 | 51 | | (e) In adopting rules under Subsection (c), the executive |
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56 | 52 | | commissioner must limit the amount of time a person may maintain the |
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57 | 53 | | person's position on an interest list or other waiting list under |
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58 | 54 | | Subsection (c) to not more than one year after the date on which, as |
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59 | 55 | | applicable: |
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60 | 56 | | (1) the member's active duty ends; |
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61 | 57 | | (2) the member was killed if the member was killed in |
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62 | 58 | | action; or |
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63 | 59 | | (3) the member died if the member died while in |
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64 | 60 | | service. |
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65 | 61 | | SECTION 2. The executive commissioner of the Health and |
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66 | 62 | | Human Services Commission shall adopt the rules necessary to |
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67 | 63 | | implement Section 531.0931, Government Code, as added by this Act, |
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68 | 64 | | not later than December 1, 2015. |
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69 | 65 | | SECTION 3. If before implementing any provision of this Act |
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70 | 66 | | a state agency determines that a waiver, an amendment to an existing |
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71 | 67 | | waiver, or another authorization from a federal agency is necessary |
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72 | 68 | | for implementation of that provision, the agency affected by the |
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73 | 69 | | provision shall request the waiver, amendment to the existing |
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74 | 70 | | waiver, or other authorization and may delay implementing that |
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75 | 71 | | provision until the waiver, amendment, or authorization is granted. |
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76 | 72 | | SECTION 4. This Act takes effect immediately if it receives |
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77 | 73 | | a vote of two-thirds of all the members elected to each house, as |
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78 | 74 | | provided by Section 39, Article III, Texas Constitution. If this |
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79 | 75 | | Act does not receive the vote necessary for immediate effect, this |
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80 | 76 | | Act takes effect September 1, 2015. |
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| 77 | + | ______________________________ ______________________________ |
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| 78 | + | President of the Senate Speaker of the House |
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| 79 | + | I hereby certify that S.B. No. 169 passed the Senate on |
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| 80 | + | March 30, 2015, by the following vote: Yeas 30, Nays 0; and that |
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| 81 | + | the Senate concurred in House amendment on May 22, 2015, by the |
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| 82 | + | following vote: Yeas 31, Nays 0. |
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| 83 | + | ______________________________ |
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| 84 | + | Secretary of the Senate |
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| 85 | + | I hereby certify that S.B. No. 169 passed the House, with |
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| 86 | + | amendment, on May 19, 2015, by the following vote: Yeas 144, |
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| 87 | + | Nays 0, one present not voting. |
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| 88 | + | ______________________________ |
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| 89 | + | Chief Clerk of the House |
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| 90 | + | Approved: |
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| 91 | + | ______________________________ |
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| 92 | + | Date |
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| 93 | + | ______________________________ |
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| 94 | + | Governor |
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