87R24660 MCF-D
By: Sherman, Sr., Fierro, Stephenson, H.B. No. 2388
Guillen
Substitute the following for H.B. No. 2388:
By: Murr C.S.H.B. No. 2388
A BILL TO BE ENTITLED
AN ACT
relating to providing inmates with certain documents on release or
discharge; changing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 501.015(a), Government Code, is amended
to read as follows:
(a) When an inmate is discharged or is released on parole,
mandatory supervision, or conditional pardon, the department shall
provide the inmate with:
(1) suitable civilian clothing;
(2) money held in the inmate's trust account by the
director;
(3) cash, in an amount and in the manner described by
Subsection (b); and
(4) a license or personal identification certificate
obtained under Section 501.0165, if available.
SECTION 2. Sections 501.0165(a), (b), (c), and (d),
Government Code, are amended to read as follows:
(a) Before discharging an inmate or releasing an inmate on
parole, mandatory supervision, or conditional pardon, the
department shall:
(1) determine whether the inmate has:
(A) a valid license issued under Chapter 521 or
522, Transportation Code; or
(B) a valid personal identification certificate
issued under Chapter 521, Transportation Code; and
(2) if the inmate does not have a valid license or
certificate described by Subdivision (1), submit to the Department
of Public Safety on behalf of the inmate a request for the issuance
of:
(A) a renewal license under Chapter 521 or 522,
Transportation Code, if:
(i) the inmate's license issued under the
applicable chapter is expired but eligible for renewal; and
(ii) the inmate meets the requirements for
the issuance of the license; or
(B) a personal identification certificate under
Chapter 521, Transportation Code.
(b) The department shall submit a request under Subsection
(a)(2) as soon as is practicable to enable the department to provide
the inmate with the license or personal identification certificate
when the department discharges or releases the inmate.
(c) The department, the Department of Public Safety, and the
[bureau of] vital statistics unit of the Department of State Health
Services shall by rule adopt a memorandum of understanding that
establishes their respective responsibilities with respect to the
issuance of a license or personal identification certificate to an
inmate under this section, including responsibilities related to
verification of the inmate's identity. The memorandum of
understanding must require the Department of State Health Services
to electronically verify the birth record of an inmate whose name
and any other personal information is provided by the department
and to electronically report the recorded filing information to the
Department of Public Safety to validate the identity of an inmate
under this section.
(d) The department shall reimburse the Department of Public
Safety or the Department of State Health Services for the actual
costs incurred by those agencies in performing responsibilities
established under this section. The department may charge an
inmate for the actual costs incurred under this section or the fees
required by Section 521.421 or 522.029, Transportation Code, as
applicable.
SECTION 3. Section 521.421(a-1), Transportation Code, is
amended to read as follows:
(a-1) The fee for a renewal driver's license or a personal
identification certificate issued under Section 501.0165,
Government Code, or Section 841.153, Health and Safety Code, as
applicable, is $5.
SECTION 4. Section 522.029, Transportation Code, is amended
by amending Subsection (a) and adding Subsection (n) to read as
follows:
(a) The fee for a commercial driver's license issued by the
department is $96, except as provided by Subsections (f), (h), (j),
(k), [and] (m), and (n).
(n) The fee for a renewal commercial driver's license issued
under Section 501.0165, Government Code, is $5.
SECTION 5. As soon as practicable after the effective date
of this Act, the Texas Department of Criminal Justice, the
Department of Public Safety of the State of Texas, and the vital
statistics unit of the Department of State Health Services shall
update as necessary the memorandum of understanding and rules
required by Section 501.0165(c), Government Code, as amended by
this Act.
SECTION 6. The change in law made by this Act applies only
to the discharge or release of an inmate on parole, mandatory
supervision, or conditional pardon that occurs on or after December
1, 2021. A discharge or release that occurs before that date is
governed by the law in effect immediately before the effective date
of this Act, and the former law is continued in effect for that
purpose.
SECTION 7. This Act takes effect September 1, 2021.