Bill Text: TX SB1859 | 2023-2024 | 88th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to benefits and services for veterans and certain other related benefits.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-05-15 - Effective on 9/1/23 [SB1859 Detail]
Download: Texas-2023-SB1859-Comm_Sub.html
Bill Title: Relating to benefits and services for veterans and certain other related benefits.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-05-15 - Effective on 9/1/23 [SB1859 Detail]
Download: Texas-2023-SB1859-Comm_Sub.html
By: Hancock | S.B. No. 1859 | |
(In the Senate - Filed March 8, 2023; March 20, 2023, read | ||
first time and referred to Committee on Veteran Affairs; | ||
April 5, 2023, reported favorably by the following vote: Yeas 6, | ||
Nays 0; April 5, 2023, sent to printer.) | ||
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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 [ |
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(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 [ |
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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 | ||
[ |
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Affairs if the advisor [ |
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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 | ||
[ |
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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 [ |
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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) [ |
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[ |
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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 [ |
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veterans benefits booklet. The commission shall make a printable | ||
[ |
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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 [ |
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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 [ |
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booklet [ |
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(e) The commission shall make the [ |
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state veterans benefits [ |
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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) [ |
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[ |
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[ |
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Services; | ||
(9) [ |
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(10) [ |
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(11) [ |
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Board; | ||
(12) [ |
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Regulation; | ||
(13) [ |
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(14) [ |
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(15) [ |
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(16) [ |
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[ |
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(17) [ |
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Community Affairs; | ||
(18) [ |
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(19) [ |
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and | ||
(20) [ |
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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. | ||
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