Texas 2015 - 84th Regular

Texas House Bill HB2640 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R11166 JRR-D
2	2	By: Huberty H.B. No. 2640
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the cost of confinement and imprisonment of persons not
8	8	lawfully present in the United States and reimbursement from the
9	9	federal government for that cost.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter B, Chapter 403, Government Code, is
12	12	amended by adding Section 403.0306 to read as follows:
13	13	Sec. 403.0306. COST OF CONFINEMENT OR IMPRISONMENT; REQUEST
14	14	FOR REIMBURSEMENT. (a) Not later than the 20th day of each month,
15	15	the comptroller shall determine the total cost incurred during the
16	16	preceding month by the state and each county to confine or imprison
17	17	persons who are not lawfully present in the United States. The
18	18	comptroller shall obtain this information from the Texas Department
19	19	of Criminal Justice and the Commission on Jail Standards.
20	20	(b) Not later than the last day of each month, based on the
21	21	information obtained under Subsection (a), the comptroller shall
22	22	make a written request to the United States Congress for
23	23	reimbursement of the total cost incurred during the preceding month
24	24	by the state and each county to confine or imprison persons who are
25	25	not lawfully present in the United States.
26	26	(c) The comptroller may adopt rules as necessary to
27	27	implement this section, including rules governing the distribution
28	28	to the state and each county of any funds received from the federal
29	29	government for the purpose of reimbursing the state and each county
30	30	for the costs of confining or imprisoning persons who are not
31	31	lawfully present in the United States.
32	32	SECTION 2. Chapter 493, Government Code, is amended by
33	33	adding Section 493.0152 to read as follows:
34	34	Sec. 493.0152. COST OF CONFINEMENT OR IMPRISONMENT OF
35	35	PERSONS NOT LAWFULLY PRESENT IN UNITED STATES. Not later than the
36	36	fifth day of each month, the department shall determine the total
37	37	cost incurred during the preceding month by the state, for which
38	38	federal funds have not been received under Section 493.015, to
39	39	confine or imprison in a facility operated by or under contract with
40	40	the department persons who are not lawfully present in the United
41	41	States.
42	42	SECTION 3. Section 511.0101(a), Government Code, is amended
43	43	to read as follows:
44	44	(a) Each county shall submit to the commission on or before
45	45	the fifth day of each month a report containing the following
46	46	information:
47	47	(1) the number of prisoners confined in the county
48	48	jail on the first day of the month, classified on the basis of the
49	49	following categories:
50	50	(A) total prisoners;
51	51	(B) pretrial Class C misdemeanor offenders;
52	52	(C) pretrial Class A and B misdemeanor offenders;
53	53	(D) convicted misdemeanor offenders;
54	54	(E) felony offenders whose penalty has been
55	55	reduced to a misdemeanor;
56	56	(F) pretrial felony offenders;
57	57	(G) convicted felony offenders;
58	58	(H) prisoners detained on bench warrants;
59	59	(I) prisoners detained for parole violations;
60	60	(J) prisoners detained for federal officers;
61	61	(K) prisoners awaiting transfer to the
62	62	institutional division of the Texas Department of Criminal Justice
63	63	following conviction of a felony or revocation of probation,
64	64	parole, or release on mandatory supervision and for whom paperwork
65	65	and processing required for transfer have been completed;
66	66	(L) prisoners detained after having been
67	67	transferred from another jail and for whom the commission has made a
68	68	payment under Subchapter F, Chapter 499, Government Code;
69	69	(M) prisoners who are not lawfully present in the
70	70	United States [for whom an immigration detainer has been issued by
71	71	United States Immigration and Customs Enforcement]; and
72	72	(N) other prisoners;
73	73	(2) the total capacity of the county jail on the first
74	74	day of the month;
75	75	(3) the total number of prisoners who were confined in
76	76	the county jail during the preceding month, based on a count
77	77	conducted on each day of that month, who were known or had been
78	78	determined to be pregnant;
79	79	(4) the total cost to the county during the preceding
80	80	month of housing prisoners described by Subdivision (1)(M),
81	81	calculated based on the average daily cost of housing a prisoner in
82	82	the county jail; and
83	83	(5) certification by the reporting official that the
84	84	information in the report is accurate.
85	85	SECTION 4. The comptroller of public accounts of the State
86	86	of Texas shall make the first determination required by Section
87	87	403.0306, Government Code, as added by this Act, not later than
88	88	October 20, 2015, and the Texas Department of Criminal Justice
89	89	shall make the first determination required by Section 493.0152,
90	90	Government Code, as added by this Act, not later than October 5,
91	91	2015.
92	92	SECTION 5. This Act takes effect September 1, 2015.