| 1 | 1 | | 89R5959 LRM-D |
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| 2 | 2 | | By: Howard H.B. No. 4120 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to allowing certain inmates to apply for benefits under |
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| 10 | 10 | | certain public benefits programs to be provided at the time of |
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| 11 | 11 | | discharge or release. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 33.0181, Human Resources Code, is |
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| 14 | 14 | | transferred to Subchapter C, Chapter 545, Government Code, as |
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| 15 | 15 | | effective April 1, 2025, redesignated as Section 545.01011, |
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| 16 | 16 | | Government Code, and amended to read as follows: |
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| 17 | 17 | | Sec. 545.01011. [33.0181.] MEMORANDUM OF UNDERSTANDING |
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| 18 | 18 | | REGARDING ELIGIBILITY DETERMINATIONS FOR CERTAIN INMATES. (a) In |
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| 19 | 19 | | this section: |
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| 20 | 20 | | (1)[,] "Inmate [inmate]" means an individual confined |
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| 21 | 21 | | in a facility operated by or under contract with the Texas |
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| 22 | 22 | | Department of Criminal Justice. |
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| 23 | 23 | | (2) "Public benefits program" includes: |
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| 24 | 24 | | (A) Medicaid; |
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| 25 | 25 | | (B) the child health plan program; |
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| 26 | 26 | | (C) the Healthy Texas Women program operated by |
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| 27 | 27 | | the commission that is substantially similar to the demonstration |
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| 28 | 28 | | project operated under former Section 32.0248, Human Resources |
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| 29 | 29 | | Code, and that is intended to expand access to preventive health and |
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| 30 | 30 | | family planning services for women in this state; |
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| 31 | 31 | | (D) the Family Planning Program operated by the |
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| 32 | 32 | | commission that provides health care and core family planning |
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| 33 | 33 | | services to individuals in this state; |
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| 34 | 34 | | (E) the financial assistance program established |
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| 35 | 35 | | under Chapter 31, Human Resources Code; |
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| 36 | 36 | | (F) the supplemental nutrition assistance |
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| 37 | 37 | | program as defined by Section 33.0005, Human Resources Code; and |
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| 38 | 38 | | (G) the federal special supplemental nutrition |
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| 39 | 39 | | program for women, infants, and children authorized by 42 U.S.C. |
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| 40 | 40 | | Section 1786. |
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| 41 | 41 | | (b) The commission and the Texas Department of Criminal |
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| 42 | 42 | | Justice shall enter into a memorandum of understanding for the |
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| 43 | 43 | | purpose of ensuring that an inmate who is likely to be eligible for |
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| 44 | 44 | | the public [supplemental nutrition assistance] benefits program on |
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| 45 | 45 | | discharge or release on parole, mandatory supervision, or |
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| 46 | 46 | | conditional pardon is assessed by the commission for eligibility |
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| 47 | 47 | | for those benefits before the inmate's discharge or release. |
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| 48 | 48 | | (c) The memorandum of understanding required by this |
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| 49 | 49 | | section must: |
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| 50 | 50 | | (1) establish a procedure through which the commission |
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| 51 | 51 | | shall accept and process public benefits [supplemental nutrition |
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| 52 | 52 | | assistance] program applications from inmates; and |
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| 53 | 53 | | (2) define the roles and responsibilities of each |
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| 54 | 54 | | agency under the memorandum. |
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| 55 | 55 | | (d) The memorandum of understanding required by Subsection |
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| 56 | 56 | | (b) must be tailored to achieve the goal of ensuring that an inmate |
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| 57 | 57 | | described by Subsection (b) who is determined eligible by the |
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| 58 | 58 | | commission for the public benefits [supplemental nutrition |
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| 59 | 59 | | assistance] program [benefits] may begin receiving services under |
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| 60 | 60 | | the program at the time of the inmate's discharge or release on |
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| 61 | 61 | | parole, mandatory supervision, or conditional pardon. |
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| 62 | 62 | | (e) The executive commissioner shall adopt rules necessary |
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| 63 | 63 | | to implement this section. |
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| 64 | 64 | | SECTION 2. If before implementing any provision of this Act |
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| 65 | 65 | | a state agency determines that a waiver or authorization from a |
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| 66 | 66 | | federal agency is necessary for implementation of that provision, |
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| 67 | 67 | | the agency affected by the provision shall request the waiver or |
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| 68 | 68 | | authorization and may delay implementing that provision until the |
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| 69 | 69 | | waiver or authorization is granted. |
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| 70 | 70 | | SECTION 3. This Act takes effect September 1, 2025. |
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