| 1 | 1 | | 82R24505 MAW-D |
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| 2 | 2 | | By: Menendez H.B. No. 3107 |
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| 3 | 3 | | Substitute the following for H.B. No. 3107: |
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| 4 | 4 | | By: Pena C.S.H.B. No. 3107 |
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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 notification to the United States Social Security |
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| 10 | 10 | | Administration of the release of certain prisoners from county |
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| 11 | 11 | | jails. |
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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. Subchapter C, Chapter 351, Local Government |
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| 14 | 14 | | Code, is amended by adding Section 351.045 to read as follows: |
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| 15 | 15 | | Sec. 351.045. NOTICE TO SOCIAL SECURITY ADMINISTRATION. |
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| 16 | 16 | | (a) The sheriff of a county shall notify the United States Social |
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| 17 | 17 | | Security Administration of the release or discharge of a prisoner |
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| 18 | 18 | | who, immediately before the prisoner's confinement in the county |
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| 19 | 19 | | jail, was receiving: |
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| 20 | 20 | | (1) Supplemental Security Income (SSI) benefits under |
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| 21 | 21 | | 42 U.S.C. Section 1381 et seq.; or |
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| 22 | 22 | | (2) Social Security Disability Insurance (SSDI) |
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| 23 | 23 | | benefits under 42 U.S.C. Section 401 et seq. |
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| 24 | 24 | | (b) The sheriff shall provide the notice described by |
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| 25 | 25 | | Subsection (a) to the United States Social Security Administration |
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| 26 | 26 | | by mail and electronically immediately on the prisoner's release or |
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| 27 | 27 | | discharge from custody. The sheriff shall provide a copy of the |
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| 28 | 28 | | notice to the prisoner at the time of the prisoner's release or |
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| 29 | 29 | | discharge. |
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| 30 | 30 | | (c) The county or sheriff, or an employee of the county or |
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| 31 | 31 | | sheriff, is not liable in a civil action for damages resulting from |
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| 32 | 32 | | a failure to comply with this section. |
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| 33 | 33 | | SECTION 2. The change in law made by this Act applies to the |
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| 34 | 34 | | release or discharge of a prisoner from a county jail that occurs on |
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| 35 | 35 | | or after the effective date of this Act, regardless of the date the |
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| 36 | 36 | | prisoner was initially confined in the county jail. |
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| 37 | 37 | | SECTION 3. This Act takes effect immediately if it receives |
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| 38 | 38 | | a vote of two-thirds of all the members elected to each house, as |
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| 39 | 39 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 40 | 40 | | Act does not receive the vote necessary for immediate effect, this |
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| 41 | 41 | | Act takes effect September 1, 2011. |
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