TX
Texas House Bill HB4355

Texas 2021 - 87th Regular

Texas House Bill HB4355 Compare Versions

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1-By: Krause, Gates H.B. No. 4355
1+87R12366 LHC/JRR-D
2+ By: Krause H.B. No. 4355
23
34
45 A BILL TO BE ENTITLED
56 AN ACT
67 relating to providing children committed to the Texas Juvenile
78 Justice Department and prisoners serving a sentence in a county
8- jail with certain documents on discharge or release; authorizing a
9- fee.
9+ jail with certain documents on discharge or release.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Subchapter B, Chapter 245, Human Resources Code,
1212 is amended by adding Sections 245.0536 and 245.0537 to read as
1313 follows:
1414 Sec. 245.0536. PROVIDING RELEASED OR DISCHARGED CHILD WITH
1515 STATE-ISSUED IDENTIFICATION. (a) Before releasing a child under
1616 supervision or finally discharging a child, the department shall:
1717 (1) determine whether the child has:
1818 (A) a valid license issued under Chapter 521,
1919 Transportation Code; or
2020 (B) a valid personal identification certificate
2121 issued under Chapter 521, Transportation Code; and
2222 (2) if the child does not have a valid license or
2323 certificate described by Subdivision (1), submit to the Department
2424 of Public Safety on behalf of the child a request for the issuance
2525 of a personal identification certificate under Chapter 521,
2626 Transportation Code.
2727 (b) The department shall submit a request under Subsection
28- (a)(2) on intake of the child to enable the department to provide
28+ (a)(2) as soon as is practicable to enable the department to provide
2929 the child with the personal identification certificate when the
3030 department releases or discharges the child.
3131 (c) The department, the Department of Public Safety, and the
3232 vital statistics unit of the Department of State Health Services
3333 shall adopt a memorandum of understanding that establishes their
3434 respective responsibilities with respect to the issuance of a
3535 personal identification certificate to a child, including
3636 responsibilities related to verification of the child's identity.
3737 The memorandum of understanding must require the Department of
3838 State Health Services to electronically verify the birth record of
3939 a child whose name and any other personal information is provided by
4040 the department and to electronically report the recorded filing
4141 information to the Department of Public Safety to validate the
4242 identity of a child under this section.
4343 (d) The department shall reimburse the Department of Public
4444 Safety or the Department of State Health Services for the actual
4545 costs incurred by those agencies in performing responsibilities
4646 established under this section. The department may charge a child
4747 or the child's parent or guardian for the actual costs incurred
4848 under this section or the fees required by Section 521.421,
4949 Transportation Code.
5050 (e) This section does not apply to a child who:
5151 (1) is not legally present in the United States; or
5252 (2) was not a resident of this state before the child
5353 was placed in the custody of the department.
5454 Sec. 245.0537. PROVIDING RELEASED OR DISCHARGED CHILD WITH
5555 BIRTH CERTIFICATE AND SOCIAL SECURITY CARD. (a) In addition to
5656 complying with the requirements of Section 245.0536, before
5757 releasing a child under supervision or finally discharging a child,
5858 the department must:
5959 (1) determine whether the child has a:
6060 (A) certified copy of the child's birth
6161 certificate; and
6262 (B) copy of the child's social security card; and
6363 (2) if the child does not have a document described by
6464 Subdivision (1), submit to the appropriate entity on behalf of the
6565 child a request for the issuance of the applicable document.
6666 (b) The department shall submit a request under Subsection
67- (a)(2) on intake of the child to enable the department to provide
67+ (a)(2) as soon as is practicable to enable the department to provide
6868 the child with the applicable document when the department releases
6969 or discharges the child.
7070 (c) This section does not apply to a child who:
7171 (1) is not legally present in the United States; or
7272 (2) was not a resident of this state before the child
7373 was placed in the custody of the department.
7474 SECTION 2. Subchapter C, Chapter 351, Local Government
7575 Code, is amended by adding Sections 351.048 and 351.049 to read as
7676 follows:
7777 Sec. 351.048. PROVIDING DISCHARGED PRISONER WITH
7878 STATE-ISSUED IDENTIFICATION. (a) Before discharging a prisoner
7979 serving a sentence in a county jail, the sheriff of the county
8080 shall:
8181 (1) determine whether the prisoner has:
8282 (A) a valid license issued under Chapter 521 or
8383 522, Transportation Code; or
8484 (B) a valid personal identification certificate
8585 issued under Chapter 521, Transportation Code; and
8686 (2) if the prisoner does not have a valid license or
8787 certificate described by Subdivision (1), submit to the Department
8888 of Public Safety on behalf of the prisoner a request for the
8989 issuance of a personal identification certificate under Chapter
9090 521, Transportation Code.
9191 (b) The sheriff shall submit a request under Subsection
92- (a)(2) on intake of the prisoner to enable the sheriff to provide
92+ (a)(2) as soon as is practicable to enable the sheriff to provide
9393 the prisoner with the personal identification certificate when the
9494 prisoner is discharged from the county jail.
9595 (c) The Commission on Jail Standards, the Department of
9696 Public Safety, and the vital statistics unit of the Department of
9797 State Health Services shall adopt a memorandum of understanding
9898 that establishes the respective responsibilities of a sheriff, the
9999 Department of Public Safety, and the Department of State Health
100100 Services with respect to the issuance of a personal identification
101101 certificate to a prisoner serving a sentence in a county jail,
102102 including responsibilities related to verification of the
103103 prisoner's identity. The memorandum of understanding must require
104104 the Department of State Health Services to electronically verify
105105 the birth record of a prisoner whose name and any other personal
106106 information is provided by the sheriff and to electronically report
107107 the recorded filing information to the Department of Public Safety
108108 to validate the identity of a prisoner under this section.
109109 (d) The sheriff or commissioners court of the county shall
110110 reimburse the Department of Public Safety or the Department of
111111 State Health Services for the actual costs incurred by those
112112 agencies in performing responsibilities established under this
113113 section. The sheriff may charge a prisoner for the actual costs
114114 incurred under this section or the fees required by Section
115115 521.421, Transportation Code.
116116 (e) This section does not apply to a prisoner who:
117117 (1) is not legally present in the United States; or
118118 (2) was not a resident of this state before the
119119 prisoner was placed in the custody of the sheriff.
120120 Sec. 351.049. PROVIDING DISCHARGED PRISONER WITH BIRTH
121121 CERTIFICATE AND SOCIAL SECURITY CARD. (a) In addition to complying
122122 with the requirements of Section 351.048, before discharging a
123123 prisoner serving a sentence in a county jail, the sheriff of the
124124 county must:
125125 (1) determine whether the prisoner has a:
126126 (A) certified copy of the prisoner's birth
127127 certificate; and
128128 (B) copy of the prisoner's social security card;
129129 and
130130 (2) if the prisoner does not have a document described
131131 by Subdivision (1), submit to the appropriate entity on behalf of
132132 the prisoner a request for the issuance of the applicable document.
133133 (b) The sheriff shall submit a request under Subsection
134- (a)(2) on intake of the prisoner to enable the sheriff to provide
134+ (a)(2) as soon as is practicable to enable the sheriff to provide
135135 the prisoner with the applicable document when the prisoner is
136136 discharged from the county jail.
137137 (c) This section does not apply to a prisoner who:
138138 (1) is not legally present in the United States; or
139139 (2) was not a resident of this state before the
140140 prisoner was placed in the custody of the sheriff.
141141 SECTION 3. Section 521.421(a-1), Transportation Code, is
142142 amended to read as follows:
143- (a-1) The fee for a personal identification certificate or
144- driver's license issued under Section 501.0165, Government Code,
145- [or] Section 841.153, Health and Safety Code, Section 245.0536,
146- Human Resources Code, Section 351.048, Local Government Code, or
147- Section 521.1421, Transportation Code, is $5.
143+ (a-1) The fee for a personal identification certificate
144+ issued under Section 501.0165, Government Code, [or] Section
145+ 841.153, Health and Safety Code, Section 245.0536, Human Resources
146+ Code, or Section 351.048, Local Government Code, is $5.
148147 SECTION 4. Sections 245.0536 and 245.0537, Human Resources
149148 Code, as added by this Act, apply only to the release under
150149 supervision or final discharge of a child that occurs on or after
151150 December 1, 2021. A release under supervision or final discharge
152151 that occurs before that date is governed by the law in effect
153152 immediately before the effective date of this Act, and the former
154153 law is continued in effect for that purpose.
155154 SECTION 5. Sections 351.048 and 351.049, Local Government
156155 Code, as added by this Act, apply only to the discharge of a
157156 prisoner that occurs on or after December 1, 2021. A discharge that
158157 occurs before that date is governed by the law in effect immediately
159158 before the effective date of this Act, and the former law is
160159 continued in effect for that purpose.
161160 SECTION 6. This Act takes effect immediately if it receives
162161 a vote of two-thirds of all the members elected to each house, as
163162 provided by Section 39, Article III, Texas Constitution. If this
164163 Act does not receive the vote necessary for immediate effect, this
165164 Act takes effect September 1, 2021.