88R5625 CXP-D
By: Raymond H.B. No. 5073
A BILL TO BE ENTITLED
AN ACT
relating to benefits and services for veterans and certain other
related benefits.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 434.0078(a), (c), and (e), Government
Code, are amended to read as follows:
(a) The commission shall adopt procedures for administering
claims assistance services under Section 434.007(a)(5). The
procedures must [shall] include:
(1) criteria for determining when a veteran's initial
claim is substantially complete and basic eligibility requirements
are met as provided by federal law;
(2) a process for expediting a claim based on
hardship, including whether the veteran:
(A) is in immediate need;
(B) is terminally ill;
(C) has a verifiable financial hardship; or
(D) has a disability that presents an undue
burden;
(3) a procedure for advising [counseling] veterans on
the potential merits or drawbacks of pursuing a claim;
(4) a process to ensure adequate documentation and
development of a claim or appeal, including early client
involvement, collection of needed evidence and records, and
analysis of actions necessary to pursue and support a claim or
appeal;
(5) criteria for evaluating whether a decision of the
United States Department of Veterans Affairs contains sufficient
cause for filing an appeal;
(6) a requirement that a claims benefit advisor
[counselor] report to the United States Department of Veterans
Affairs if the advisor [counselor] has direct knowledge that a
claim contains false or deceptive information; and
(7) a procedure for prioritizing a claim, when
appropriate, or providing an alternative source for obtaining
claims assistance services when it is not appropriate to
prioritize.
(c) The commission shall regularly evaluate claims
assistance services staffing to determine where advisors
[counselors] and special team staff are most needed. The
evaluation must include the:
(1) workload of staff;
(2) number of veterans denied claims assistance
services; and
(3) quality of claims prepared at each of the claims
assistance services offices.
(e) The commission shall regularly collect detailed
information on the outcome of claims and use that information to
evaluate and improve claims assistance services. The commission,
at a minimum, shall track and evaluate the [following information
by claims district:
[(1) the quality of claims submitted to the state
strike force team;
[(2) the percentage of claims developed through claims
assistance services that are processed as fully developed claims by
the United States Department of Veterans Affairs;
[(3) the success rate of claims and appeals developed
through claims assistance services; and
[(4) the] average processing time for claims and
appeals by the United States Department of Veterans Affairs.
SECTION 2. Section 434.018, Government Code, is amended to
read as follows:
Sec. 434.018. PERFORMANCE INCENTIVE AWARD. (a) The
commission may make a monetary performance incentive award to an
individual or an entity for providing services to veterans as
authorized by Section 3(a) of the federal Jobs for Veterans Act (38
U.S.C. Section 4112).
(b) [The performance incentive award may be monetary or
nonmonetary.
[(c)] A performance incentive award made under this section
to a state employee is not a promotion or a merit salary increase
under Chapter 659.
SECTION 3. Sections 434.104(a), (b), (c), and (e),
Government Code, are amended to read as follows:
(a) Not later than February 1 of each even-numbered year,
the commission shall create an electronic [version of a] state
veterans benefits booklet. The commission shall make a printable
[and provide a printed copy and an electronic] version of the
booklet available to:
(1) each veterans county service officer; and
(2) the personnel office of each state or federal
military installation in this state.
(b) A veterans county service officer is encouraged to
inform [distribute a copy of the booklet to] any person who claims
or will claim Texas as a residence after discharge from the United
States armed forces how to access the electronic state veterans
benefits booklet.
(c) Each veterans county service officer shall provide
access to [make a copy of] the electronic state veterans benefits
booklet [available] at the veterans county service office.
(e) The commission shall make the [provide an] electronic
state veterans benefits [version of the] booklet available on the
commission's website.
SECTION 4. Section 434.153, Government Code, is amended to
read as follows:
Sec. 434.153. COMPOSITION OF COUNCIL. The council is
composed of the director or executive head of the following
entities, or that person's designated representative:
(1) the Texas Veterans Commission;
(2) the Veterans' Land Board;
(3) the Texas Military Department;
(4) the Health and Human Services Commission;
(5) the State Bar of Texas;
(6) the office of acquired brain injury of the Health
and Human Services Commission;
(7) the Department of State Health Services;
(8) [the Department of Aging and Disability Services;
[(9) the Department of Assistive and Rehabilitative
Services;
[(10)] the Department of Family and Protective
Services;
(9) [(11)] the Texas Workforce Commission;
(10) [(12)] the Texas Workforce Investment Council;
(11) [(13)] the Texas Higher Education Coordinating
Board;
(12) [(14)] the Texas Department of Licensing and
Regulation;
(13) [(15)] the Department of Public Safety;
(14) [(16)] the Texas Department of Criminal Justice;
(15) [(17)] the Commission on Jail Standards;
(16) [(18)] the Texas Commission on Law Enforcement
[Officer Standards and Education];
(17) [(19)] the Texas Department of Housing and
Community Affairs;
(18) [(20)] the Texas Department of Transportation;
(19) [(21)] the Texas Department of Motor Vehicles;
and
(20) [(22)] the Office of Public Utility Counsel.
SECTION 5. The following provisions are repealed:
(1) Section 54.344, Education Code;
(2) Section 434.0072, Government Code;
(3) Section 434.0078(f), Government Code; and
(4) Section 434.106, Government Code.
SECTION 6. This Act takes effect September 1, 2023.