By: Leach, et al. (Senate Sponsor - West) H.B. No. 1743
(In the Senate - Received from the House April 24, 2023;
April 25, 2023, read first time and referred to Committee on Health &
Human Services; May 21, 2023, reported favorably by the following
vote: Yeas 8, Nays 1; May 21, 2023, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to a memorandum of understanding between the Health and
Human Services Commission and the Texas Department of Criminal
Justice to assess the eligibility of certain inmates for
supplemental nutrition assistance program benefits on discharge or
release from confinement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 33, Human Resources Code,
is amended by adding Section 33.0181 to read as follows:
Sec. 33.0181. MEMORANDUM OF UNDERSTANDING REGARDING
ELIGIBILITY DETERMINATIONS FOR CERTAIN INMATES. (a) In this
section, "inmate" means an individual confined in a facility
operated by or under contract with the Texas Department of Criminal
Justice.
(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
supplemental nutrition assistance benefits 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 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 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. As soon as practicable after the effective date
of this Act, the Health and Human Services Commission and Texas
Department of Criminal Justice shall enter into the memorandum of
understanding required by Section 33.0181, Human Resources Code, as
added by this Act.
SECTION 3. 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 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.
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