Bill Text: TX HB4020 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to allowing certain inmates to apply for benefits under certain public benefits programs to be provided at the time of discharge or release.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Engrossed - Dead) 2023-05-16 - Referred to Health & Human Services [HB4020 Detail]
Download: Texas-2023-HB4020-Engrossed.html
| 88R10199 BDP-D | ||
| By: Howard, Rose, Guillen, et al. | H.B. No. 4020 | |
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| 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. | ||
