88R10199 BDP-D
By: Howard, Rose, Guillen, et al. H.B. No. 4020
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. Subchapter A, Chapter 501, Government Code, is
amended by adding Section 501.0167 to read as follows:
Sec. 501.0167. NOTICE TO HEALTH AND HUMAN SERVICES
COMMISSION REGARDING PUBLIC BENEFITS PROGRAMS. (a) At least 45
days but not more than 60 days before an inmate is discharged or
released on parole, mandatory supervision, or conditional pardon,
the department shall notify the Health and Human Services
Commission of the inmate's upcoming discharge or release for
purposes of applying for public benefits programs as provided by
Section 531.0241805.
(b) The notice provided under Subsection (a) must include
the date that the inmate will be discharged or released.
(c) The department shall coordinate with the Health and
Human Services Commission to determine:
(1) the method to be used by the department to provide
the notice required under Subsection (a); and
(2) the time, place, and manner for providing
application assistance and conducting an eligibility interview, as
applicable.
SECTION 2. Subchapter B, Chapter 531, Government Code, is
amended by adding Section 531.0241805 to read as follows:
Sec. 531.0241805. PUBLIC BENEFITS PROGRAMS APPLICATION
PROCEDURE FOR CERTAIN INMATES NEARING ELIGIBILITY FOR DISCHARGE OR
RELEASE; TIMING OF BENEFITS. (a) In this section, "public benefits
program" includes:
(1) Medicaid;
(2) the child health plan program;
(3) 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;
(4) the family planning program operated by the
commission that provides health care and core family planning
services to individuals in this state;
(5) the financial assistance program established
under Chapter 31, Human Resources Code;
(6) the supplemental nutrition assistance program as
defined by Section 33.0005, Human Resources Code; and
(7) the federal special supplemental nutrition
program for women, infants, and children authorized by 42 U.S.C.
Section 1786.
(b) Subject to Section 531.114(e), Section 33.018, Human
Resources Code, and similar law the commission, in cooperation with
the Texas Department of Criminal Justice, shall establish a
procedure to accept and process an application for public benefits
programs submitted by inmates who are confined in a facility
operated by or under contract with the Texas Department of Criminal
Justice for purposes of providing benefits under a public benefits
program to the inmates at the time of discharge or release.
(c) The commission shall as soon as practicable but not
later than the 30th day after the commission receives:
(1) a notice from the Texas Department of Criminal
Justice under Section 501.0167 of the upcoming discharge or release
of an inmate:
(A) assist the inmate in filling out forms and
completing the application process; and
(B) subject to Subsection (e) and if required by
the law governing the applicable public benefits program,
coordinate with the Texas Department of Criminal Justice to conduct
an initial interview or other personal appearance; and
(2) a completed application for a public benefits
program for an inmate, make a determination regarding the inmate's
eligibility for benefits at the time of discharge or release.
(d) If the commission determines that an inmate is eligible
for benefits under a public benefits program, the commission shall
begin providing benefits to the inmate at the time of discharge or
release.
(e) Notwithstanding any other state law and to the extent
permitted by federal law, the commission shall allow an inmate
required to conduct an interview or otherwise personally appear to
establish eligibility for a public benefits program to conduct the
interview or appearance using telecommunications or information
technology.
(f) The executive commissioner, in consultation with the
Texas Department of Criminal Justice, shall adopt rules to
implement this section.
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.