BILL ANALYSIS

H.B. 4120

By: Howard

Corrections

Committee Report (Unamended)

BACKGROUND AND PURPOSE

According to data from the Texas Department of Criminal Justice (TDCJ), over 134,000 Texans were incarcerated in a Texas prison or jail as of September 2024. Texas 2036 estimates that   more than 45,000 Texans are released from prison every year, and approximately 15 to 20 percent of those individuals will return to prison. However, the federal Office of Disease Prevention and Health Promotion has found that when compared to the general population, people who have been incarcerated have poorer health outcomes and, when compared to the general public, are more likely to have asthma, cancer, arthritis, and infectious diseases, such as tuberculosis, hepatitis C, and HIV. For example, the National Institute for Health Care Management (NIHCM) found that approximately 30 percent of formerly incarcerated individuals have high blood pressure, compared to only 18 percent of the general public; additionally, in state prisons, nearly 41 percent of men and 69 percent of women have a history of mental health problems. The NIHCM also found that, on average, when incarcerated adults are released from prison, they have more chronic medical problems than they had before admission and experience disproportionate rates of suicide, chronic physical disorders, and disabilities.

The bill author has informed the committee that without access to affordable health care services post-release, formerly incarcerated individuals often do not seek outpatient medical care, including needed mental health treatment, and are at significantly increased risk for hospitalization. To reduce recidivism rates, the 88th Legislature passed H.B. 1743, which directs the Health and Human Services Commission and TDCJ to assess the eligibility of certain inmates for SNAP on discharge or release from confinement. H.B. 4120 seeks to ensure formerly incarcerated Texans have access to health care services that could reduce recidivism rates and improve community health outcomes by directing HHSC to enter into a memorandum of understanding with TDCJ to assess the eligibility of certain inmates for additional assistance programs.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly granted to the executive commissioner of the Health and Human Services Commission in SECTION 1 of this bill.

ANALYSIS

H.B. 4120 transfers from the Human Resources Code to the Government Code provisions relating to the required memorandum of understanding between the Health and Human Services Commission (HHSC) and the Texas Department of Criminal Justice to assess the eligibility of certain inmates for SNAP benefits before discharge or release on parole, mandatory supervision, or conditional pardon and amends those provisions by making them applicable with respect to any public benefits program. The bill establishes that a public benefits program includes Medicaid, CHIP, the Healthy Texas Women program operated by HHSC, the Family Planning Program operated by HHSC, TANF, SNAP, and WIC. The executive commissioner of HHSC is required to adopt rules necessary to implement these provisions.

If before implementing any provision of the bill 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 must request the waiver or authorization and may delay implementing that provision until the waiver or authorization is granted.

EFFECTIVE DATE

September 1, 2025.