Texas 2015 - 84th Regular

Texas Senate Bill SB169 Compare Versions

OldNewDifferences
1-84R22077 JSL-D
2- By: Uresti, et al. S.B. No. 169
3- (King of Taylor)
4- Substitute the following for S.B. No. 169: No.
1+S.B. No. 169
52
63
7- A BILL TO BE ENTITLED
84 AN ACT
95 relating to ensuring that certain military members and their
106 spouses and dependents maintain their positions on interest lists
117 or other waiting lists for certain health and human services
128 assistance programs.
139 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1410 SECTION 1. Subchapter B, Chapter 531, Government Code, is
1511 amended by adding Section 531.0931 to read as follows:
1612 Sec. 531.0931. INTEREST LIST OR OTHER WAITING LIST RULES
1713 FOR CERTAIN MILITARY MEMBERS AND THEIR DEPENDENTS. (a) In this
1814 section, "military member" means a member of the United States
1915 military serving in the army, navy, air force, marine corps, or
2016 coast guard on active duty.
2117 (b) This section applies only to:
2218 (1) a military member who has declared and maintains
2319 this state as the member's state of legal residence in the manner
2420 provided by the applicable military branch, or a spouse or
2521 dependent child of the member; or
2622 (2) the spouse or dependent child of a former military
2723 member who had declared and maintained this state as the member's
2824 state of legal residence in the manner provided by the applicable
2925 military branch and who:
3026 (A) was killed in action; or
3127 (B) died while in service.
3228 (c) The executive commissioner by rule shall require the
3329 commission or another health and human services agency to:
3430 (1) maintain the position of a person subject to this
3531 section in the queue of an interest list or other waiting list for
3632 any assistance program, including a Section 1915(c) waiver program,
3733 provided by the commission or other health and human services
3834 agency, if the person cannot receive benefits under the assistance
3935 program because the person temporarily resides out of state as the
4036 result of military service; and
4137 (2) subject to Subsection (e), offer benefits to the
4238 person according to the person's position on the interest list or
4339 other waiting list that was attained while the person resided out of
4440 state if the person returns to reside in this state.
4541 (d) If a person subject to this section reaches a position
4642 on an interest list or other waiting list that would allow the
4743 person to receive benefits under an assistance program but the
4844 person cannot receive the benefits because the person temporarily
4945 resides out of state as the result of military service, the
5046 commission or agency providing the benefits shall maintain the
5147 person's position on the list relative to other persons on the list
5248 but continue to offer benefits to other persons on the interest list
5349 or other waiting list in accordance with those persons' respective
5450 positions on the list.
5551 (e) In adopting rules under Subsection (c), the executive
5652 commissioner must limit the amount of time a person may maintain the
5753 person's position on an interest list or other waiting list under
5854 Subsection (c) to not more than one year after the date on which, as
5955 applicable:
6056 (1) the member's active duty ends;
6157 (2) the member was killed if the member was killed in
6258 action; or
6359 (3) the member died if the member died while in
6460 service.
6561 SECTION 2. The executive commissioner of the Health and
6662 Human Services Commission shall adopt the rules necessary to
6763 implement Section 531.0931, Government Code, as added by this Act,
6864 not later than December 1, 2015.
6965 SECTION 3. If before implementing any provision of this Act
7066 a state agency determines that a waiver, an amendment to an existing
7167 waiver, or another authorization from a federal agency is necessary
7268 for implementation of that provision, the agency affected by the
7369 provision shall request the waiver, amendment to the existing
7470 waiver, or other authorization and may delay implementing that
7571 provision until the waiver, amendment, or authorization is granted.
7672 SECTION 4. This Act takes effect immediately if it receives
7773 a vote of two-thirds of all the members elected to each house, as
7874 provided by Section 39, Article III, Texas Constitution. If this
7975 Act does not receive the vote necessary for immediate effect, this
8076 Act takes effect September 1, 2015.
77+ ______________________________ ______________________________
78+ President of the Senate Speaker of the House
79+ I hereby certify that S.B. No. 169 passed the Senate on
80+ March 30, 2015, by the following vote: Yeas 30, Nays 0; and that
81+ the Senate concurred in House amendment on May 22, 2015, by the
82+ following vote: Yeas 31, Nays 0.
83+ ______________________________
84+ Secretary of the Senate
85+ I hereby certify that S.B. No. 169 passed the House, with
86+ amendment, on May 19, 2015, by the following vote: Yeas 144,
87+ Nays 0, one present not voting.
88+ ______________________________
89+ Chief Clerk of the House
90+ Approved:
91+ ______________________________
92+ Date
93+ ______________________________
94+ Governor