Texas 2015 - 84th Regular

Texas House Bill HB310 Compare Versions

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

Old	New	Differences
1	1	84R239 JRR-D
2	2	By: White of Tyler H.B. No. 310
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 December 31 of each year, the
15	15	comptroller shall determine the total cost incurred during the
16	16	preceding state fiscal year by the state and each county to confine
17	17	or imprison persons who are not lawfully present in the United
18	18	States. The comptroller shall obtain this information from the
19	19	Texas Department of Criminal Justice and the Commission on Jail
20	20	Standards.
21	21	(b) Not later than March 31 of each year, based on the
22	22	information obtained under Subsection (a), the comptroller shall
23	23	make a written request to the United States Congress for
24	24	reimbursement of the total cost incurred during the preceding state
25	25	fiscal year by the state and each county to confine or imprison
26	26	persons who are not lawfully present in the United States.
27	27	(c) The comptroller may adopt rules as necessary to
28	28	implement this section.
29	29	SECTION 2. Chapter 493, Government Code, is amended by
30	30	adding Section 493.0152 to read as follows:
31	31	Sec. 493.0152. COST OF CONFINEMENT OR IMPRISONMENT OF
32	32	PERSONS NOT LAWFULLY PRESENT IN UNITED STATES. Not later than
33	33	December 1 of each year, the department shall determine the total
34	34	cost incurred during the preceding state fiscal year by the state,
35	35	for which federal funds have not been received under Section
36	36	493.015, to confine or imprison in a facility operated by or under
37	37	contract with the department persons who are not lawfully present
38	38	in the United States.
39	39	SECTION 3. Section 511.0101(a), Government Code, is amended
40	40	to read as follows:
41	41	(a) Each county shall submit to the commission on or before
42	42	the fifth day of each month a report containing the following
43	43	information:
44	44	(1) the number of prisoners confined in the county
45	45	jail on the first day of the month, classified on the basis of the
46	46	following categories:
47	47	(A) total prisoners;
48	48	(B) pretrial Class C misdemeanor offenders;
49	49	(C) pretrial Class A and B misdemeanor offenders;
50	50	(D) convicted misdemeanor offenders;
51	51	(E) felony offenders whose penalty has been
52	52	reduced to a misdemeanor;
53	53	(F) pretrial felony offenders;
54	54	(G) convicted felony offenders;
55	55	(H) prisoners detained on bench warrants;
56	56	(I) prisoners detained for parole violations;
57	57	(J) prisoners detained for federal officers;
58	58	(K) prisoners awaiting transfer to the
59	59	institutional division of the Texas Department of Criminal Justice
60	60	following conviction of a felony or revocation of probation,
61	61	parole, or release on mandatory supervision and for whom paperwork
62	62	and processing required for transfer have been completed;
63	63	(L) prisoners detained after having been
64	64	transferred from another jail and for whom the commission has made a
65	65	payment under Subchapter F, Chapter 499, Government Code;
66	66	(M) prisoners who are not lawfully present in the
67	67	United States [for whom an immigration detainer has been issued by
68	68	United States Immigration and Customs Enforcement]; and
69	69	(N) other prisoners;
70	70	(2) the total capacity of the county jail on the first
71	71	day of the month;
72	72	(3) the total number of prisoners who were confined in
73	73	the county jail during the preceding month, based on a count
74	74	conducted on each day of that month, who were known or had been
75	75	determined to be pregnant;
76	76	(4) the total cost to the county during the preceding
77	77	month of housing prisoners described by Subdivision (1)(M),
78	78	calculated based on the average daily cost of housing a prisoner in
79	79	the county jail; and
80	80	(5) certification by the reporting official that the
81	81	information in the report is accurate.
82	82	SECTION 4. The comptroller of public accounts of the State
83	83	of Texas shall make the first determination required by Section
84	84	403.0306, Government Code, as added by this Act, not later than
85	85	December 31, 2016, and the Texas Department of Criminal Justice
86	86	shall make the first determination required by Section 493.0152,
87	87	Government Code, as added by this Act, not later than December 1,
88	88	2016.
89	89	SECTION 5. This Act takes effect September 1, 2015.