Texas 2023 - 88th Regular

Texas House Bill HB5073 Compare Versions

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1	1	88R5625 CXP-D
2	2	By: Raymond H.B. No. 5073
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to benefits and services for veterans and certain other
8	8	related benefits.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 434.0078(a), (c), and (e), Government
11	11	Code, are amended to read as follows:
12	12	(a) The commission shall adopt procedures for administering
13	13	claims assistance services under Section 434.007(a)(5). The
14	14	procedures must [shall] include:
15	15	(1) criteria for determining when a veteran's initial
16	16	claim is substantially complete and basic eligibility requirements
17	17	are met as provided by federal law;
18	18	(2) a process for expediting a claim based on
19	19	hardship, including whether the veteran:
20	20	(A) is in immediate need;
21	21	(B) is terminally ill;
22	22	(C) has a verifiable financial hardship; or
23	23	(D) has a disability that presents an undue
24	24	burden;
25	25	(3) a procedure for advising [counseling] veterans on
26	26	the potential merits or drawbacks of pursuing a claim;
27	27	(4) a process to ensure adequate documentation and
28	28	development of a claim or appeal, including early client
29	29	involvement, collection of needed evidence and records, and
30	30	analysis of actions necessary to pursue and support a claim or
31	31	appeal;
32	32	(5) criteria for evaluating whether a decision of the
33	33	United States Department of Veterans Affairs contains sufficient
34	34	cause for filing an appeal;
35	35	(6) a requirement that a claims benefit advisor
36	36	[counselor] report to the United States Department of Veterans
37	37	Affairs if the advisor [counselor] has direct knowledge that a
38	38	claim contains false or deceptive information; and
39	39	(7) a procedure for prioritizing a claim, when
40	40	appropriate, or providing an alternative source for obtaining
41	41	claims assistance services when it is not appropriate to
42	42	prioritize.
43	43	(c) The commission shall regularly evaluate claims
44	44	assistance services staffing to determine where advisors
45	45	[counselors] and special team staff are most needed. The
46	46	evaluation must include the:
47	47	(1) workload of staff;
48	48	(2) number of veterans denied claims assistance
49	49	services; and
50	50	(3) quality of claims prepared at each of the claims
51	51	assistance services offices.
52	52	(e) The commission shall regularly collect detailed
53	53	information on the outcome of claims and use that information to
54	54	evaluate and improve claims assistance services. The commission,
55	55	at a minimum, shall track and evaluate the [following information
56	56	by claims district:
57	57	[(1) the quality of claims submitted to the state
58	58	strike force team;
59	59	[(2) the percentage of claims developed through claims
60	60	assistance services that are processed as fully developed claims by
61	61	the United States Department of Veterans Affairs;
62	62	[(3) the success rate of claims and appeals developed
63	63	through claims assistance services; and
64	64	[(4) the] average processing time for claims and
65	65	appeals by the United States Department of Veterans Affairs.
66	66	SECTION 2. Section 434.018, Government Code, is amended to
67	67	read as follows:
68	68	Sec. 434.018. PERFORMANCE INCENTIVE AWARD. (a) The
69	69	commission may make a monetary performance incentive award to an
70	70	individual or an entity for providing services to veterans as
71	71	authorized by Section 3(a) of the federal Jobs for Veterans Act (38
72	72	U.S.C. Section 4112).
73	73	(b) [The performance incentive award may be monetary or
74	74	nonmonetary.
75	75	[(c)] A performance incentive award made under this section
76	76	to a state employee is not a promotion or a merit salary increase
77	77	under Chapter 659.
78	78	SECTION 3. Sections 434.104(a), (b), (c), and (e),
79	79	Government Code, are amended to read as follows:
80	80	(a) Not later than February 1 of each even-numbered year,
81	81	the commission shall create an electronic [version of a] state
82	82	veterans benefits booklet. The commission shall make a printable
83	83	[and provide a printed copy and an electronic] version of the
84	84	booklet available to:
85	85	(1) each veterans county service officer; and
86	86	(2) the personnel office of each state or federal
87	87	military installation in this state.
88	88	(b) A veterans county service officer is encouraged to
89	89	inform [distribute a copy of the booklet to] any person who claims
90	90	or will claim Texas as a residence after discharge from the United
91	91	States armed forces how to access the electronic state veterans
92	92	benefits booklet.
93	93	(c) Each veterans county service officer shall provide
94	94	access to [make a copy of] the electronic state veterans benefits
95	95	booklet [available] at the veterans county service office.
96	96	(e) The commission shall make the [provide an] electronic
97	97	state veterans benefits [version of the] booklet available on the
98	98	commission's website.
99	99	SECTION 4. Section 434.153, Government Code, is amended to
100	100	read as follows:
101	101	Sec. 434.153. COMPOSITION OF COUNCIL. The council is
102	102	composed of the director or executive head of the following
103	103	entities, or that person's designated representative:
104	104	(1) the Texas Veterans Commission;
105	105	(2) the Veterans' Land Board;
106	106	(3) the Texas Military Department;
107	107	(4) the Health and Human Services Commission;
108	108	(5) the State Bar of Texas;
109	109	(6) the office of acquired brain injury of the Health
110	110	and Human Services Commission;
111	111	(7) the Department of State Health Services;
112	112	(8) [the Department of Aging and Disability Services;
113	113	[(9) the Department of Assistive and Rehabilitative
114	114	Services;
115	115	[(10)] the Department of Family and Protective
116	116	Services;
117	117	(9) [(11)] the Texas Workforce Commission;
118	118	(10) [(12)] the Texas Workforce Investment Council;
119	119	(11) [(13)] the Texas Higher Education Coordinating
120	120	Board;
121	121	(12) [(14)] the Texas Department of Licensing and
122	122	Regulation;
123	123	(13) [(15)] the Department of Public Safety;
124	124	(14) [(16)] the Texas Department of Criminal Justice;
125	125	(15) [(17)] the Commission on Jail Standards;
126	126	(16) [(18)] the Texas Commission on Law Enforcement
127	127	[Officer Standards and Education];
128	128	(17) [(19)] the Texas Department of Housing and
129	129	Community Affairs;
130	130	(18) [(20)] the Texas Department of Transportation;
131	131	(19) [(21)] the Texas Department of Motor Vehicles;
132	132	and
133	133	(20) [(22)] the Office of Public Utility Counsel.
134	134	SECTION 5. The following provisions are repealed:
135	135	(1) Section 54.344, Education Code;
136	136	(2) Section 434.0072, Government Code;
137	137	(3) Section 434.0078(f), Government Code; and
138	138	(4) Section 434.106, Government Code.
139	139	SECTION 6. This Act takes effect September 1, 2023.