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AN ACT
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relating to benefits and services for veterans and certain other |
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related benefits. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 434.0078(a), (c), and (e), Government |
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Code, are amended to read as follows: |
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(a) The commission shall adopt procedures for administering |
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claims assistance services under Section 434.007(a)(5). The |
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procedures must [shall] include: |
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(1) criteria for determining when a veteran's initial |
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claim is substantially complete and basic eligibility requirements |
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are met as provided by federal law; |
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(2) a process for expediting a claim based on |
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hardship, including whether the veteran: |
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(A) is in immediate need; |
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(B) is terminally ill; |
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(C) has a verifiable financial hardship; or |
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(D) has a disability that presents an undue |
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burden; |
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(3) a procedure for advising [counseling] veterans on |
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the potential merits or drawbacks of pursuing a claim; |
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(4) a process to ensure adequate documentation and |
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development of a claim or appeal, including early client |
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involvement, collection of needed evidence and records, and |
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analysis of actions necessary to pursue and support a claim or |
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appeal; |
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(5) criteria for evaluating whether a decision of the |
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United States Department of Veterans Affairs contains sufficient |
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cause for filing an appeal; |
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(6) a requirement that a claims benefit advisor |
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[counselor] report to the United States Department of Veterans |
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Affairs if the advisor [counselor] has direct knowledge that a |
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claim contains false or deceptive information; and |
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(7) a procedure for prioritizing a claim, when |
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appropriate, or providing an alternative source for obtaining |
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claims assistance services when it is not appropriate to |
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prioritize. |
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(c) The commission shall regularly evaluate claims |
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assistance services staffing to determine where advisors |
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[counselors] and special team staff are most needed. The |
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evaluation must include the: |
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(1) workload of staff; |
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(2) number of veterans denied claims assistance |
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services; and |
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(3) quality of claims prepared at each of the claims |
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assistance services offices. |
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(e) The commission shall regularly collect detailed |
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information on the outcome of claims and use that information to |
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evaluate and improve claims assistance services. The commission, |
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at a minimum, shall track and evaluate the [following information |
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by claims district: |
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[(1) the quality of claims submitted to the state |
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strike force team; |
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[(2) the percentage of claims developed through claims |
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assistance services that are processed as fully developed claims by |
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the United States Department of Veterans Affairs; |
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[(3) the success rate of claims and appeals developed |
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through claims assistance services; and |
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[(4) the] average processing time for claims and |
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appeals by the United States Department of Veterans Affairs. |
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SECTION 2. Section 434.018, Government Code, is amended to |
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read as follows: |
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Sec. 434.018. PERFORMANCE INCENTIVE AWARD. (a) The |
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commission may make a monetary performance incentive award to an |
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individual or an entity for providing services to veterans as |
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authorized by Section 3(a) of the federal Jobs for Veterans Act (38 |
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U.S.C. Section 4112). |
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(b) [The performance incentive award may be monetary or |
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nonmonetary. |
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[(c)] A performance incentive award made under this section |
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to a state employee is not a promotion or a merit salary increase |
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under Chapter 659. |
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SECTION 3. Sections 434.104(a), (b), (c), and (e), |
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Government Code, are amended to read as follows: |
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(a) Not later than February 1 of each even-numbered year, |
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the commission shall create an electronic [version of a] state |
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veterans benefits booklet. The commission shall make a printable |
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[and provide a printed copy and an electronic] version of the |
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booklet available to: |
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(1) each veterans county service officer; and |
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(2) the personnel office of each state or federal |
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military installation in this state. |
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(b) A veterans county service officer is encouraged to |
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inform [distribute a copy of the booklet to] any person who claims |
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or will claim Texas as a residence after discharge from the United |
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States armed forces how to access the electronic state veterans |
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benefits booklet. |
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(c) Each veterans county service officer shall provide |
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access to [make a copy of] the electronic state veterans benefits |
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booklet [available] at the veterans county service office. |
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(e) The commission shall make the [provide an] electronic |
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state veterans benefits [version of the] booklet available on the |
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commission's website. |
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SECTION 4. Section 434.153, Government Code, is amended to |
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read as follows: |
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Sec. 434.153. COMPOSITION OF COUNCIL. The council is |
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composed of the director or executive head of the following |
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entities, or that person's designated representative: |
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(1) the Texas Veterans Commission; |
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(2) the Veterans' Land Board; |
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(3) the Texas Military Department; |
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(4) the Health and Human Services Commission; |
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(5) the State Bar of Texas; |
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(6) the office of acquired brain injury of the Health |
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and Human Services Commission; |
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(7) the Department of State Health Services; |
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(8) [the Department of Aging and Disability Services; |
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[(9) the Department of Assistive and Rehabilitative |
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Services; |
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[(10)] the Department of Family and Protective |
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Services; |
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(9) [(11)] the Texas Workforce Commission; |
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(10) [(12)] the Texas Workforce Investment Council; |
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(11) [(13)] the Texas Higher Education Coordinating |
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Board; |
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(12) [(14)] the Texas Department of Licensing and |
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Regulation; |
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(13) [(15)] the Department of Public Safety; |
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(14) [(16)] the Texas Department of Criminal Justice; |
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(15) [(17)] the Commission on Jail Standards; |
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(16) [(18)] the Texas Commission on Law Enforcement |
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[Officer Standards and Education]; |
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(17) [(19)] the Texas Department of Housing and |
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Community Affairs; |
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(18) [(20)] the Texas Department of Transportation; |
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(19) [(21)] the Texas Department of Motor Vehicles; |
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and |
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(20) [(22)] the Office of Public Utility Counsel. |
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SECTION 5. The following provisions are repealed: |
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(1) Section 54.344, Education Code; |
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(2) Section 434.0072, Government Code; |
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(3) Section 434.0078(f), Government Code; and |
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(4) Section 434.106, Government Code. |
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SECTION 6. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1859 passed the Senate on |
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April 12, 2023, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1859 passed the House on |
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May 2, 2023, by the following vote: Yeas 144, Nays 0, |
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three present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |