Texas 2023 - 88th Regular

Texas House Bill HB4020 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	88R10199 BDP-D
2	2	By: Howard, Rose, Guillen, et al. H.B. No. 4020
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to allowing certain inmates to apply for benefits under
8	8	certain public benefits programs to be provided at the time of
9	9	discharge or release.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter A, Chapter 501, Government Code, is
12	12	amended by adding Section 501.0167 to read as follows:
13	13	Sec. 501.0167. NOTICE TO HEALTH AND HUMAN SERVICES
14	14	COMMISSION REGARDING PUBLIC BENEFITS PROGRAMS. (a) At least 45
15	15	days but not more than 60 days before an inmate is discharged or
16	16	released on parole, mandatory supervision, or conditional pardon,
17	17	the department shall notify the Health and Human Services
18	18	Commission of the inmate's upcoming discharge or release for
19	19	purposes of applying for public benefits programs as provided by
20	20	Section 531.0241805.
21	21	(b) The notice provided under Subsection (a) must include
22	22	the date that the inmate will be discharged or released.
23	23	(c) The department shall coordinate with the Health and
24	24	Human Services Commission to determine:
25	25	(1) the method to be used by the department to provide
26	26	the notice required under Subsection (a); and
27	27	(2) the time, place, and manner for providing
28	28	application assistance and conducting an eligibility interview, as
29	29	applicable.
30	30	SECTION 2. Subchapter B, Chapter 531, Government Code, is
31	31	amended by adding Section 531.0241805 to read as follows:
32	32	Sec. 531.0241805. PUBLIC BENEFITS PROGRAMS APPLICATION
33	33	PROCEDURE FOR CERTAIN INMATES NEARING ELIGIBILITY FOR DISCHARGE OR
34	34	RELEASE; TIMING OF BENEFITS. (a) In this section, "public benefits
35	35	program" includes:
36	36	(1) Medicaid;
37	37	(2) the child health plan program;
38	38	(3) the Healthy Texas Women program operated by the
39	39	commission that is substantially similar to the demonstration
40	40	project operated under former Section 32.0248, Human Resources
41	41	Code, and that is intended to expand access to preventive health and
42	42	family planning services for women in this state;
43	43	(4) the family planning program operated by the
44	44	commission that provides health care and core family planning
45	45	services to individuals in this state;
46	46	(5) the financial assistance program established
47	47	under Chapter 31, Human Resources Code;
48	48	(6) the supplemental nutrition assistance program as
49	49	defined by Section 33.0005, Human Resources Code; and
50	50	(7) the federal special supplemental nutrition
51	51	program for women, infants, and children authorized by 42 U.S.C.
52	52	Section 1786.
53	53	(b) Subject to Section 531.114(e), Section 33.018, Human
54	54	Resources Code, and similar law the commission, in cooperation with
55	55	the Texas Department of Criminal Justice, shall establish a
56	56	procedure to accept and process an application for public benefits
57	57	programs submitted by inmates who are confined in a facility
58	58	operated by or under contract with the Texas Department of Criminal
59	59	Justice for purposes of providing benefits under a public benefits
60	60	program to the inmates at the time of discharge or release.
61	61	(c) The commission shall as soon as practicable but not
62	62	later than the 30th day after the commission receives:
63	63	(1) a notice from the Texas Department of Criminal
64	64	Justice under Section 501.0167 of the upcoming discharge or release
65	65	of an inmate:
66	66	(A) assist the inmate in filling out forms and
67	67	completing the application process; and
68	68	(B) subject to Subsection (e) and if required by
69	69	the law governing the applicable public benefits program,
70	70	coordinate with the Texas Department of Criminal Justice to conduct
71	71	an initial interview or other personal appearance; and
72	72	(2) a completed application for a public benefits
73	73	program for an inmate, make a determination regarding the inmate's
74	74	eligibility for benefits at the time of discharge or release.
75	75	(d) If the commission determines that an inmate is eligible
76	76	for benefits under a public benefits program, the commission shall
77	77	begin providing benefits to the inmate at the time of discharge or
78	78	release.
79	79	(e) Notwithstanding any other state law and to the extent
80	80	permitted by federal law, the commission shall allow an inmate
81	81	required to conduct an interview or otherwise personally appear to
82	82	establish eligibility for a public benefits program to conduct the
83	83	interview or appearance using telecommunications or information
84	84	technology.
85	85	(f) The executive commissioner, in consultation with the
86	86	Texas Department of Criminal Justice, shall adopt rules to
87	87	implement this section.
88	88	SECTION 3. If before implementing any provision of this Act
89	89	a state agency determines that a waiver or authorization from a
90	90	federal agency is necessary for implementation of that provision,
91	91	the agency affected by the provision shall request the waiver or
92	92	authorization and may delay implementing that provision until the
93	93	waiver or authorization is granted.
94	94	SECTION 4. This Act takes effect immediately if it receives
95	95	a vote of two-thirds of all the members elected to each house, as
96	96	provided by Section 39, Article III, Texas Constitution. If this
97	97	Act does not receive the vote necessary for immediate effect, this
98	98	Act takes effect September 1, 2023.