86R7253 JRR-D
By: Perry S.B. No. 2216
A BILL TO BE ENTITLED
AN ACT
relating to the reimbursement to a county for the costs of confining
a person arrested under an out-of-county warrant.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 104.002(a), Code of Criminal Procedure,
is amended to read as follows:
(a) Except as otherwise provided by this article and Article
104.0025, a county is liable for all expenses incurred in the
safekeeping of prisoners confined in the county jail or kept under
guard by the county. If a prisoner is transferred to a county from
another county on a change of venue, for safekeeping, or for a
habeas corpus hearing, the county transferring the prisoner is
liable for the expenses described by this article.
SECTION 2. Chapter 104, Code of Criminal Procedure, is
amended by adding Article 104.0025 to read as follows:
Art. 104.0025. EXPENSES FOR CERTAIN PERSONS CONFINED FOR
OUT-OF-COUNTY OFFENSE. (a) If a person is arrested under a warrant
issued in a county other than the county of arrest and notice of the
arrest and commitment has been provided under Article 15.19 to the
sheriff of the county that issued the warrant, the county that
issued the warrant is responsible for all expenses incurred by the
county of arrest relating to the safekeeping in a county jail of the
arrested person.
(b) If the county of arrest incurs expenses for the
safekeeping of the arrested person, the sheriff shall submit to the
county judge an account of expenses incurred by the county for the
person. The county judge shall approve the amount the county judge
determines is a correct statement of the expenses and sign and date
the account.
(c) The county judge shall submit to the commissioners court
of the county that issued the warrant, at a regular term of the
court, the county judge's signed statement of the account described
by Subsection (b). If the commissioners court determines that the
account is in accordance with the law, it shall order the county
treasurer to issue to the sheriff of the county submitting the
statement a draft in an amount approved by the court.
SECTION 3. The change in law made by this Act applies only
to a person who is arrested on or after the effective date of this
Act. A person arrested before the effective date of this Act is
governed by the law in effect on the date the person was arrested,
and the former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2019.