Texas 2019 - 86th Regular

Texas House Bill HB1327 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R1966 AAF-D
2	2	By: Flynn H.B. No. 1327
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the continuation and functions of the Texas Veterans
8	8	Commission.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 434.002(a), Government Code, is amended
11	11	to read as follows:
12	12	(a) The Texas Veterans Commission is subject to Chapter 325
13	13	(Texas Sunset Act). Unless continued in existence as provided by
14	14	that chapter, the commission is abolished September 1, 2031 [2019].
15	15	SECTION 2. Section 434.0061, Government Code, is amended by
16	16	amending Subsection (b) and adding Subsection (d) to read as
17	17	follows:
18	18	(b) The training program must provide the person with
19	19	information regarding:
20	20	(1) the law governing commission operations
21	21	[legislation that created the commission];
22	22	(2) the programs, functions, rules, and budget of the
23	23	commission;
24	24	(3) the results of the most recent formal audit of the
25	25	commission;
26	26	(4) the requirements of:
27	27	(A) laws relating to open meetings, public
28	28	information, administrative procedure, and disclosure of conflicts
29	29	of interest; and
30	30	(B) other laws applicable to members of a state
31	31	policymaking body in performing their duties;
32	32	(5) any applicable ethics policies adopted by the
33	33	commission or the Texas Ethics Commission; and
34	34	(6) the scope of and limitations on the rulemaking
35	35	authority of the commission.
36	36	(d) The executive director of the commission shall create a
37	37	training manual that includes the information required by
38	38	Subsection (b). The executive director shall distribute a copy of
39	39	the training manual annually to each member of the commission. On
40	40	receipt of the training manual, each member of the commission shall
41	41	sign and submit to the executive director a statement acknowledging
42	42	receipt of the training manual.
43	43	SECTION 3. Section 434.007, Government Code, is amended to
44	44	read as follows:
45	45	Sec. 434.007. DUTIES. (a) The commission shall:
46	46	(1) compile federal, state, and local laws enacted to
47	47	benefit members of the armed forces, veterans, and their families
48	48	and dependents;
49	49	(2) collect information relating to services and
50	50	facilities available to veterans;
51	51	(3) cooperate with veterans service agencies in the
52	52	state;
53	53	(4) inform members and veterans of the armed forces,
54	54	their families and dependents, and military and civilian
55	55	authorities about the existence or availability of:
56	56	(A) educational training and retraining
57	57	facilities;
58	58	(B) health, medical, rehabilitation, and housing
59	59	services and facilities;
60	60	(C) employment and reemployment services;
61	61	(D) provisions of federal, state, and local law
62	62	affording rights, privileges, and benefits to members and veterans
63	63	of the armed forces and their families and dependents; and
64	64	(E) other similar, related, or appropriate
65	65	matters;
66	66	(5) assist veterans and their families and dependents
67	67	in presenting, proving, and establishing claims, privileges,
68	68	rights, and benefits they may have under federal, state, or local
69	69	law;
70	70	(6) cooperate with all government and private agencies
71	71	securing services or benefits to veterans and their families and
72	72	dependents;
73	73	(7) investigate, and if possible correct, abuses or
74	74	exploitation of veterans or their families or dependents, and
75	75	recommend necessary legislation for full correction;
76	76	(8) coordinate the services and activities of state
77	77	departments and divisions having services and resources affecting
78	78	veterans or their families or dependents;
79	79	(9) provide training and certification of veterans
80	80	county service officers and assistant veterans county service
81	81	officers in accordance with Section 434.038;
82	82	(10) through surveys or other reasonable and accurate
83	83	methods of estimation, collect and maintain for each county in the
84	84	state the number of servicemembers and veterans residing in the
85	85	county and annually update and publish the information on the
86	86	commission's website; [and]
87	87	(11) with the assistance and cooperation of the
88	88	comptroller, inform and assist veterans and their families and
89	89	dependents with respect to discovering and initiating claims for
90	90	unclaimed property held by the United States Department of Veterans
91	91	Affairs;
92	92	(12) annually evaluate and set priorities for each
93	93	program administered by the commission to meet the changing needs
94	94	of veterans in this state;
95	95	(13) annually set concrete goals for staff and measure
96	96	the staff's performance; and
97	97	(14) establish success measures and corresponding
98	98	targets for each program administered by the commission and report
99	99	the program's progress in meeting the measures and targets in:
100	100	(A) any annual internal report for that program;
101	101	and
102	102	(B) the commission's strategic plan under
103	103	Section 2056.002.
104	104	(b) In setting priorities under Subsection (a)(12), the
105	105	commission shall consider:
106	106	(1) the existing strategic plan under Section 2056.002
107	107	and the needs assessment under Section 434.017(c-1);
108	108	(2) complaint data;
109	109	(3) performance outcomes;
110	110	(4) veteran survey results;
111	111	(5) staff input; and
112	112	(6) any other available information.
113	113	SECTION 4. Section 434.0078, Government Code, is amended by
114	114	amending Subsection (a) and adding Subsections (c), (d), (e), and
115	115	(f) to read as follows:
116	116	(a) The commission shall adopt procedures for administering
117	117	claims assistance services under Section 434.007(a)(5)
118	118	[434.007(5)]. The procedures shall include:
119	119	(1) criteria for determining when a veteran's initial
120	120	claim is substantially complete and basic eligibility requirements
121	121	are met as provided by federal law;
122	122	(2) a process for expediting a claim based on
123	123	hardship, including whether the veteran:
124	124	(A) is in immediate need;
125	125	(B) is terminally ill;
126	126	(C) has a verifiable financial hardship; or
127	127	(D) has a disability that presents an undue
128	128	burden;
129	129	(3) a procedure for counseling veterans on the
130	130	potential merits or drawbacks of pursuing a claim;
131	131	(4) a process to ensure adequate documentation and
132	132	development of a claim or appeal, including early client
133	133	involvement, collection of needed evidence and records, and
134	134	analysis of actions necessary to pursue and support a claim or
135	135	appeal;
136	136	(5) criteria for evaluating whether a decision of the
137	137	United States Department of Veterans Affairs contains sufficient
138	138	cause for filing an appeal;
139	139	(6) a requirement that a claims counselor report to
140	140	the United States Department of Veterans Affairs if the counselor
141	141	has direct knowledge that a claim contains false or deceptive
142	142	information; and
143	143	(7) a procedure for prioritizing a claim, when
144	144	appropriate, or providing an alternative source for obtaining
145	145	claims assistance services when it is not appropriate to
146	146	prioritize.
147	147	(c) The commission shall regularly evaluate claims
148	148	assistance services staffing to determine where counselors and
149	149	special team staff are most needed. The evaluation must include
150	150	the:
151	151	(1) workload of staff;
152	152	(2) number of veterans denied claims assistance
153	153	services; and
154	154	(3) quality of claims prepared at each of the claims
155	155	assistance services offices.
156	156	(d) The commission shall regularly evaluate the needs and
157	157	performance of any special claims assistance resources provided by
158	158	the legislature, including the state strike force team and the
159	159	fully developed claims team, and request to adjust staffing for
160	160	those resources as appropriate.
161	161	(e) The commission shall regularly collect detailed
162	162	information on the outcome of claims and use that information to
163	163	evaluate and improve claims assistance services. The commission,
164	164	at a minimum, shall track and evaluate the following information by
165	165	claims district:
166	166	(1) the quality of claims submitted to the state
167	167	strike force team;
168	168	(2) the percentage of claims developed through claims
169	169	assistance services that are processed as fully developed claims by
170	170	the United States Department of Veterans Affairs;
171	171	(3) the success rate of claims and appeals developed
172	172	through claims assistance services; and
173	173	(4) the average processing time for claims and appeals
174	174	by the United States Department of Veterans Affairs.
175	175	(f) In documenting the success rate of claims and appeals as
176	176	required by Subsection (e), the commission shall include in a
177	177	consolidated report each claim, the corresponding decision by the
178	178	United States Department of Veterans Affairs, and the status and
179	179	outcome of any appeal.
180	180	SECTION 5. Section 434.017, Government Code, is amended by
181	181	adding Subsection (c-4) to read as follows:
182	182	(c-4) The commission shall publish the most recent needs
183	183	assessment under Subsection (c-1) on the commission's Internet
184	184	website.
185	185	SECTION 6. Section 434.033, Government Code, is amended by
186	186	amending Subsection (b) and adding Subsection (b-1) to read as
187	187	follows:
188	188	(b) To be appointed as an officer a person must:
189	189	(1) be qualified by education and training for the
190	190	duties of the office; and
191	191	(2) be experienced in the law, regulations, and
192	192	rulings of the United States Department of Veterans Affairs
193	193	controlling cases that come before the commission[; and
194	194	[(3) have the service experience specified by
195	195	Subsection (c) or be:
196	196	[(A) a widowed Gold Star Mother or unremarried
197	197	widow of a serviceman or veteran whose death resulted from service;
198	198	[(B) the spouse of a disabled veteran who has a
199	199	total disability rating based either on having a service-connected
200	200	disability with a disability rating of 100 percent or on individual
201	201	unemployability; or
202	202	[(C) the spouse of a retired veteran who served a
203	203	minimum of 20 years on active duty].
204	204	(b-1) In appointing an officer, the commissioners court
205	205	shall give preference to a veteran who qualifies for a veteran's
206	206	employment preference under Chapter 657. A commissioners court
207	207	shall adopt and implement a county policy to give preference in
208	208	appointing officers to veterans.
209	209	SECTION 7. Section 434.033(c), Government Code, is
210	210	repealed.
211	211	SECTION 8. Not later than December 1, 2019, the Texas
212	212	Veterans Commission shall complete the initial annual evaluation of
213	213	and set priorities for each program administered by the commission
214	214	as required by Section 434.007(a)(12), Government Code, as added by
215	215	this Act.
216	216	SECTION 9. (a) Not later than December 1, 2019, the Texas
217	217	Veterans Commission shall establish success measures and
218	218	corresponding targets for each program administered by the
219	219	commission as required by Section 434.007(a)(14), Government Code,
220	220	as added by this Act.
221	221	(b) Not later than February 1, 2020, the commission shall
222	222	include the success measures and corresponding targets described by
223	223	Subsection (a) of this section and any preliminary data from those
224	224	measures in any annual internal reports for those programs.
225	225	(c) Not later than June 1, 2020, the commission shall
226	226	include in the commission's strategic plan under Section 2056.002,
227	227	Government Code, the success measures and corresponding targets
228	228	described by Subsection (a) of this section.
229	229	SECTION 10. The changes in law made by this Act to Section
230	230	434.033, Government Code, apply only to the appointment of a
231	231	veterans county service officer that occurs on or after the
232	232	effective date of this Act. A person who is serving as a veterans
233	233	county service officer immediately before the effective date of
234	234	this Act may continue to serve for the remainder of the officer's
235	235	term, and that officer's qualifications for serving as an officer
236	236	for that term are governed by the law in effect immediately before
237	237	the effective date of this Act.
238	238	SECTION 11. This Act takes effect September 1, 2019.