| 1 | 1 | | 87R4730 BDP-D |
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| 2 | 2 | | By: White H.B. No. 1148 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to prohibiting the Texas Department of Criminal Justice |
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| 8 | 8 | | from charging an inmate a fee for health care. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 501.063, Government Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | Sec. 501.063. INMATE FEE FOR HEALTH CARE PROHIBITED. The |
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| 13 | 13 | | department may not charge an [(a)(1) An] inmate confined in a |
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| 14 | 14 | | facility operated by or under contract with the department a fee for |
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| 15 | 15 | | health care provided to the inmate[, other than a halfway house, who |
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| 16 | 16 | | initiates a visit to a health care provider shall pay a health care |
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| 17 | 17 | | services fee to the department in the amount of $13.55 per visit, |
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| 18 | 18 | | except that an inmate may not be required to pay more than $100 |
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| 19 | 19 | | during a state fiscal year]. |
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| 20 | 20 | | [(3) The inmate shall pay the fee out of the inmate's |
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| 21 | 21 | | trust fund. If the balance in the fund is insufficient to cover the |
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| 22 | 22 | | fee, 50 percent of each deposit to the fund shall be applied toward |
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| 23 | 23 | | the balance owed until the total amount owed is paid. |
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| 24 | 24 | | [(b) The department shall adopt policies to ensure that |
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| 25 | 25 | | before any deductions are made from an inmate's trust fund under |
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| 26 | 26 | | this section, the inmate is informed that the health care services |
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| 27 | 27 | | fee will be deducted from the inmate's trust fund as required by |
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| 28 | 28 | | Subsection (a). |
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| 29 | 29 | | [(c) The department may not deny an inmate access to health |
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| 30 | 30 | | care as a result of the inmate's failure or inability to pay a fee |
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| 31 | 31 | | under this section. |
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| 32 | 32 | | [(d) The department shall deposit money received under this |
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| 33 | 33 | | section in an account in the general revenue fund that may be used |
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| 34 | 34 | | only to pay the cost of correctional health care. At the beginning |
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| 35 | 35 | | of each fiscal year, the comptroller shall transfer any surplus |
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| 36 | 36 | | from the preceding fiscal year to the state treasury to the credit |
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| 37 | 37 | | of the general revenue fund.] |
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| 38 | 38 | | SECTION 2. Section 501.014(g), Government Code, is |
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| 39 | 39 | | repealed. |
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| 40 | 40 | | SECTION 3. This Act takes effect September 1, 2021. |
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