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.