84R11166 JRR-D
By: Huberty H.B. No. 2640
A BILL TO BE ENTITLED
AN ACT
relating to the cost of confinement and imprisonment of persons not
lawfully present in the United States and reimbursement from the
federal government for that cost.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 403, Government Code, is
amended by adding Section 403.0306 to read as follows:
Sec. 403.0306. COST OF CONFINEMENT OR IMPRISONMENT; REQUEST
FOR REIMBURSEMENT. (a) Not later than the 20th day of each month,
the comptroller shall determine the total cost incurred during the
preceding month by the state and each county to confine or imprison
persons who are not lawfully present in the United States. The
comptroller shall obtain this information from the Texas Department
of Criminal Justice and the Commission on Jail Standards.
(b) Not later than the last day of each month, based on the
information obtained under Subsection (a), the comptroller shall
make a written request to the United States Congress for
reimbursement of the total cost incurred during the preceding month
by the state and each county to confine or imprison persons who are
not lawfully present in the United States.
(c) The comptroller may adopt rules as necessary to
implement this section, including rules governing the distribution
to the state and each county of any funds received from the federal
government for the purpose of reimbursing the state and each county
for the costs of confining or imprisoning persons who are not
lawfully present in the United States.
SECTION 2. Chapter 493, Government Code, is amended by
adding Section 493.0152 to read as follows:
Sec. 493.0152. COST OF CONFINEMENT OR IMPRISONMENT OF
PERSONS NOT LAWFULLY PRESENT IN UNITED STATES. Not later than the
fifth day of each month, the department shall determine the total
cost incurred during the preceding month by the state, for which
federal funds have not been received under Section 493.015, to
confine or imprison in a facility operated by or under contract with
the department persons who are not lawfully present in the United
States.
SECTION 3. Section 511.0101(a), Government Code, is amended
to read as follows:
(a) Each county shall submit to the commission on or before
the fifth day of each month a report containing the following
information:
(1) the number of prisoners confined in the county
jail on the first day of the month, classified on the basis of the
following categories:
(A) total prisoners;
(B) pretrial Class C misdemeanor offenders;
(C) pretrial Class A and B misdemeanor offenders;
(D) convicted misdemeanor offenders;
(E) felony offenders whose penalty has been
reduced to a misdemeanor;
(F) pretrial felony offenders;
(G) convicted felony offenders;
(H) prisoners detained on bench warrants;
(I) prisoners detained for parole violations;
(J) prisoners detained for federal officers;
(K) prisoners awaiting transfer to the
institutional division of the Texas Department of Criminal Justice
following conviction of a felony or revocation of probation,
parole, or release on mandatory supervision and for whom paperwork
and processing required for transfer have been completed;
(L) prisoners detained after having been
transferred from another jail and for whom the commission has made a
payment under Subchapter F, Chapter 499, Government Code;
(M) prisoners who are not lawfully present in the
United States [for whom an immigration detainer has been issued by
United States Immigration and Customs Enforcement]; and
(N) other prisoners;
(2) the total capacity of the county jail on the first
day of the month;
(3) the total number of prisoners who were confined in
the county jail during the preceding month, based on a count
conducted on each day of that month, who were known or had been
determined to be pregnant;
(4) the total cost to the county during the preceding
month of housing prisoners described by Subdivision (1)(M),
calculated based on the average daily cost of housing a prisoner in
the county jail; and
(5) certification by the reporting official that the
information in the report is accurate.
SECTION 4. The comptroller of public accounts of the State
of Texas shall make the first determination required by Section
403.0306, Government Code, as added by this Act, not later than
October 20, 2015, and the Texas Department of Criminal Justice
shall make the first determination required by Section 493.0152,
Government Code, as added by this Act, not later than October 5,
2015.
SECTION 5. This Act takes effect September 1, 2015.