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A BILL TO BE ENTITLED
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AN ACT
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relating to allowing certain inmates to apply for benefits under |
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certain public benefits programs to be provided at the time of |
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discharge or release. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 33.0181, Human Resources Code, is |
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transferred to Subchapter C, Chapter 545, Government Code, as |
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effective April 1, 2025, redesignated as Section 545.01011, |
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Government Code, and amended to read as follows: |
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Sec. 545.01011. [33.0181.] MEMORANDUM OF UNDERSTANDING |
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REGARDING ELIGIBILITY DETERMINATIONS FOR CERTAIN INMATES. (a) In |
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this section: |
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(1)[,] "Inmate [inmate]" means an individual confined |
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in a facility operated by or under contract with the Texas |
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Department of Criminal Justice. |
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(2) "Public benefits program" includes: |
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(A) Medicaid; |
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(B) the child health plan program; |
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(C) the Healthy Texas Women program operated by |
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the commission that is substantially similar to the demonstration |
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project operated under former Section 32.0248, Human Resources |
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Code, and that is intended to expand access to preventive health and |
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family planning services for women in this state; |
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(D) the Family Planning Program operated by the |
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commission that provides health care and core family planning |
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services to individuals in this state; |
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(E) the financial assistance program established |
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under Chapter 31, Human Resources Code; |
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(F) the supplemental nutrition assistance |
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program as defined by Section 33.0005, Human Resources Code; and |
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(G) the federal special supplemental nutrition |
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program for women, infants, and children authorized by 42 U.S.C. |
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Section 1786. |
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(b) The commission and the Texas Department of Criminal |
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Justice shall enter into a memorandum of understanding for the |
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purpose of ensuring that an inmate who is likely to be eligible for |
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the public [supplemental nutrition assistance] benefits program on |
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discharge or release on parole, mandatory supervision, or |
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conditional pardon is assessed by the commission for eligibility |
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for those benefits before the inmate's discharge or release. |
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(c) The memorandum of understanding required by this |
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section must: |
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(1) establish a procedure through which the commission |
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shall accept and process public benefits [supplemental nutrition |
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assistance] program applications from inmates; and |
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(2) define the roles and responsibilities of each |
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agency under the memorandum. |
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(d) The memorandum of understanding required by Subsection |
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(b) must be tailored to achieve the goal of ensuring that an inmate |
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described by Subsection (b) who is determined eligible by the |
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commission for the public benefits [supplemental nutrition |
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assistance] program [benefits] may begin receiving services under |
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the program at the time of the inmate's discharge or release on |
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parole, mandatory supervision, or conditional pardon. |
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(e) The executive commissioner shall adopt rules necessary |
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to implement this section. |
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SECTION 2. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 3. This Act takes effect September 1, 2025. |