HB 3941

Overall Vote Recommendation
No
Principle Criteria
negative
Free Enterprise
neutral
Property Rights
negative
Personal Responsibility
negative
Limited Government
neutral
Individual Liberty
Digest
HB 3941 expands services for foster youth transitioning to independent living. The bill raises eligibility for extended foster care and transitional services from age 21 to age 23 and directs the Department of Family and Protective Services to enroll youth in the Preparation for Adult Living Program before age 16. It also allows eligible youth who have exited foster care to continue participating in the Transitional Living Services Program when necessary to achieve the program’s goals.

The bill updates the Transitional Living Services Program to cover youth age 14 or older but not more than 23 who are currently or formerly in foster care. It also expands the information provided to youth and foster parents by requiring the Preparation for Adult Living Program booklet to describe extended Medicaid coverage until age 26, along with existing information on workforce priority status and higher education tuition and fee exemptions.

The Committee Substitute also expands the types of transitional living services that contractors must provide or help youth obtain. In addition to existing services such as housing assistance, job training, college preparation, mental health services, and financial literacy education, the bill adds financial support for housing and utilities for youth regularly attending higher education or vocational programs and for youth employed full time while gaining life skills.

Finally, the bill adds a new Human Resources Code provision requiring the Health and Human Services Commission to provide medical assistance to certain former foster care youth who are younger than 26, were in DFPS conservatorship, and meet federal and state eligibility criteria, regardless of income, assets, or resources. The executive commissioner must adopt rules to implement the provision, and if federal approval or a waiver is necessary, implementation may be delayed until that approval is granted.

The originally filed version and the Committee Substitute are largely similar in structure and purpose. Both versions expand foster youth transition services by extending foster care eligibility and transition services from age 21 to age 23, allow eligible youth who have exited foster care to continue participating in the Transitional Living Services Program, and add Human Resources Code Section 32.02475 to require medical assistance for certain former foster care youth younger than 26.

The main substantive difference is how the two versions handle Medicaid coverage in the Family Code provisions. The originally filed bill directed DFPS and HHSC to coordinate to extend Medicaid coverage for foster care youth and former foster care youth up to age 23 and required the Preparation for Adult Living Program booklet to describe extended Medicaid coverage until age 23. The Committee Substitute changes both of those references to age 26, aligning the Family Code language with the new Human Resources Code provision that provides medical assistance to qualifying former foster care youth younger than 26.

The Committee Substitute also expands the housing and utility support provision. The originally filed bill required transitional living contractors to provide or assist with financial support for on-campus or off-campus housing and utilities only for youth regularly attending higher education or a postsecondary vocational or technical program. The Committee Substitute keeps that provision and adds a separate category for youth who are employed full time and gaining life skills, making housing and utility support available to an additional group of eligible youth.

Finally, the Committee Substitute consolidates some amendments structurally but does not substantially alter the bill’s implementation language. Both versions require HHSC rulemaking for the new medical assistance section, allow delayed implementation if federal approval or a waiver is necessary, and set the effective date as September 1, 2025.
Author (1)
Todd Hunter
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 3941 would have a negative General Revenue-related impact of $11.1 million for the 2026–27 biennium. The estimated cost is $5.75 million in fiscal year 2026 and $5.39 million in fiscal year 2027, with the same $5.39 million annual cost continuing through fiscal year 2030.

The largest cost driver is the bill’s expansion of extended foster care eligibility from age 21 to age 23. DFPS estimates that 250 youth would receive extended foster care services, producing an annual General Revenue cost of about $4.15 million. The LBB notes that federal funds are not available for this portion because federal foster care maintenance payments are limited to age 21.

The second major cost driver is increased use of transitional living services. DFPS estimates that 937 additional youth would access those services, at an estimated annual General Revenue cost of about $1.24 million. Federal funds are also not expected to offset this cost because the relevant federal grant is capped and has decreased in recent fiscal years.

The bill also creates a one-time technology cost in fiscal year 2026. DFPS anticipates needing to modify the IMPACT system to reflect the expanded eligibility, re-entry into transitional services, Medicaid data processing, and reporting updates. The LBB estimates those technology costs at $353,764 in All Funds in fiscal year 2026. The fiscal note assumes any HHSC costs can be absorbed within existing resources and anticipates no fiscal impact to local governments.

Vote Recommendation Notes

Texas Policy Research recommends that lawmakers vote NO on HB 3941 because it grows the size and scope of state government, increases recurring taxpayer obligations, and expands agency-administered benefit programs without sufficient structural limits. The bill addresses a real and sympathetic policy concern: young adults aging out of foster care may face housing instability, healthcare gaps, and difficulty accessing workforce or education support. However, the bill’s chosen mechanism is a direct expansion of state services, eligibility periods, Medicaid access, contractor obligations, and agency rulemaking authority.

The bill clearly grows the scope of government. It extends foster care eligibility from age 21 to age 23, extends transitional living services through age 23, and extends Medicaid coverage for current and former foster youth to age 26. It also requires HHSC to provide Medicaid to qualifying former foster youth regardless of income, assets, or resources, and grants the HHSC executive commissioner rulemaking authority to implement that requirement. These provisions move the state beyond temporary child welfare custody and into a longer-term support role for legal adults, creating a broader state-administered safety-net framework.

The bill also increases the burden on taxpayers. The LBB estimates a negative General Revenue-related impact of $11,149,282 for the 2026–27 biennium, with recurring annual General Revenue-related costs of $5,394,928 from fiscal year 2027 through fiscal year 2030. The largest annual cost is projected extended foster care services for 250 youth, estimated at $4,153,408 in General Revenue each year. Federal funds are not available for that cost because federal foster care maintenance payments are limited to age 21. DFPS also estimates that 937 additional youth would use transitional living services, at an estimated $1,241,520 in General Revenue annually, with no federal offset expected because the relevant federal grant is capped and has declined in recent fiscal years.

The bill does not appear to impose a broad regulatory burden on individuals or private businesses generally. It does not create a criminal offense, increase criminal penalties, or restrict private conduct. However, it does increase obligations within the state-contracted service system. DFPS contractors providing transitional living services would be required to provide or assist eligible youth in obtaining additional housing and utility support, including for youth attending higher education or vocational programs and for youth employed full time while gaining life skills. That is not a general private-sector regulatory burden, but it is an expanded state-directed service requirement for entities contracting with DFPS.

The bill’s objective is understandable, but it relies on expanding public programs rather than narrower alternatives such as time-limited pilots, private charitable partnerships, employment-based supports, deregulation of housing barriers, or outcome-based grants with strict spending caps. The absence of strong means testing, firm fiscal limits, sunset review, or statutory constraints on agency discretion makes the bill difficult to justify under limited-government principles. On balance, the bill would increase government dependency, expand state administrative responsibility, and commit taxpayers to recurring costs; those concerns outweigh the bill’s targeted benefits.

Free Enterprise
negative
The bill does not broadly regulate private businesses or restrict market entry. However, it expands state-funded service delivery and increases obligations for DFPS-contracted transitional living service providers. It may also crowd out private or nonprofit alternatives by making state-administered benefits the default support structure for this population. The free-enterprise impact is moderate rather than severe because the bill does not impose general business mandates.
Property Rights
neutral
The bill does not appear to affect property ownership, land use, eminent domain, takings, asset control, or compliance obligations tied to private property. Its housing-related provisions involve financial support for eligible youth rather than restrictions on property owners.
Personal Responsibility
negative
The bill weakens personal responsibility by extending state support for legal adults beyond the existing foster care and transitional services framework. It expands access to housing and utility support, transitional living services, and Medicaid coverage, including medical assistance for certain former foster youth regardless of income, assets, or resources. While the population served faces real challenges, the bill shifts more responsibility from individuals, families, private charity, employers, and local civil society to state-administered programs.
Limited Government
negative
This is the bill’s weakest category. The bill expands DFPS and HHSC responsibilities, extends eligibility for foster care and transitional services, creates a new medical assistance requirement for certain former foster youth, and grants HHSC rulemaking authority. It also creates recurring General Revenue costs and broader state responsibility for adults who have left foster care. Because Limited Government is the gating principle, this concern weighs heavily in favor of a Vote No recommendation.
Individual Liberty
neutral
The bill does not directly restrict private conduct, impose criminal penalties, create surveillance, or mandate individual behavior. Foster youth and former foster youth would receive access to additional services rather than face new legal obligations. The liberty concern is indirect: expanded state benefit systems can increase reliance on government-administered supports, but the bill does not meaningfully coerce individuals.
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