bill screening inmates for more public benefits before release

The text as introduced · 513 words

89R5959 LRM-D

By: Howard
H.B. No. 4120

A BILL TO BE ENTITLED

AN ACT

relating to allowing certain inmates to apply for benefits under

certain public benefits programs to be provided at the time of

discharge or release.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 33.0181, Human Resources Code, is

transferred to Subchapter C, Chapter 545, Government Code, as

effective April 1, 2025, redesignated as Section 545.01011,

Government Code, and amended to read as follows:

Sec. 545.01011. [ 33.0181. ] MEMORANDUM OF UNDERSTANDING

REGARDING ELIGIBILITY DETERMINATIONS FOR CERTAIN INMATES. (a) In

this section :

(1) [ , ] " Inmate [ inmate ]" means an individual confined

in a facility operated by or under contract with the Texas

Department of Criminal Justice.

(2) "Public benefits program" includes:

(A) Medicaid;

(B) the child health plan program;

(C) the Healthy Texas Women program operated by

the commission that is substantially similar to the demonstration

project operated under former Section 32.0248, Human Resources

Code, and that is intended to expand access to preventive health and

family planning services for women in this state;

(D) the Family Planning Program operated by the

commission that provides health care and core family planning

services to individuals in this state;

(E) the financial assistance program established

under Chapter 31, Human Resources Code;

(F) the supplemental nutrition assistance

program as defined by Section 33.0005, Human Resources Code; and

(G) the federal special supplemental nutrition

program for women, infants, and children authorized by 42 U.S.C.

Section 1786.

(b) The commission and the Texas Department of Criminal

Justice shall enter into a memorandum of understanding for the

purpose of ensuring that an inmate who is likely to be eligible for

the public [ supplemental nutrition assistance ] benefits program on

discharge or release on parole, mandatory supervision, or

conditional pardon is assessed by the commission for eligibility

for those benefits before the inmate's discharge or release.

(c) The memorandum of understanding required by this

section must:

(1) establish a procedure through which the commission

shall accept and process public benefits [ supplemental nutrition

assistance ] program applications from inmates; and

(2) define the roles and responsibilities of each

agency under the memorandum.

(d) The memorandum of understanding required by Subsection

(b) must be tailored to achieve the goal of ensuring that an inmate

described by Subsection (b) who is determined eligible by the

commission for the public benefits [ supplemental nutrition

assistance ] program [ benefits ] may begin receiving services under

the program at the time of the inmate's discharge or release on

parole, mandatory supervision, or conditional pardon.

(e) The executive commissioner shall adopt rules necessary

to implement this section.

SECTION 2. If before implementing any provision of this Act

a state agency determines that a waiver or authorization from a

federal agency is necessary for implementation of that provision,

the agency affected by the provision shall request the waiver or

authorization and may delay implementing that provision until the

waiver or authorization is granted.

SECTION 3. This Act takes effect September 1, 2025.