1 | | - | H.B. No. 4544 |
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| 1 | + | By: Swanson (Senate Sponsor - Whitmire) H.B. No. 4544 |
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| 2 | + | (In the Senate - Received from the House May 3, 2021; |
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| 3 | + | May 10, 2021, read first time and referred to Committee on Criminal |
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| 4 | + | Justice; May 20, 2021, reported favorably by the following vote: |
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| 5 | + | Yeas 7, Nays 0; May 20, 2021, sent to printer.) |
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| 6 | + | Click here to see the committee vote |
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8 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 15 | | SECTION 1. Section 245.0535(e), Human Resources Code, is |
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10 | 16 | | amended to read as follows: |
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11 | 17 | | (e) The department may contract and coordinate with private |
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12 | 18 | | vendors, units of local government, or other entities to implement |
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13 | 19 | | the comprehensive reentry and reintegration plan developed under |
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14 | 20 | | this section, including contracting to: |
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15 | 21 | | (1) coordinate the supervision and services provided |
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16 | 22 | | to children during the time children are in the custody of the |
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17 | 23 | | department with any supervision or services provided children who |
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18 | 24 | | have been released under supervision or finally discharged from the |
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19 | 25 | | department; |
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20 | 26 | | (2) provide children awaiting release under |
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21 | 27 | | supervision or final discharge with documents that are necessary |
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22 | 28 | | after release or discharge, including identification papers that |
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23 | 29 | | include, if available, personal identification certificates |
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24 | 30 | | obtained under Section 245.0536, medical prescriptions, job |
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25 | 31 | | training certificates, and referrals to services; and |
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26 | 32 | | (3) provide housing and structured programs, |
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27 | 33 | | including programs for recovering substance abusers, through which |
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28 | 34 | | children are provided services immediately following release under |
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29 | 35 | | supervision or final discharge. |
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30 | 36 | | SECTION 2. Subchapter B, Chapter 245, Human Resources Code, |
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33 | 38 | | Sec. 245.0536. PROVIDING RELEASED OR DISCHARGED CHILD WITH |
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34 | 39 | | STATE-ISSUED IDENTIFICATION. (a) Before releasing a child under |
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35 | 40 | | supervision or finally discharging a child, the department shall: |
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36 | 41 | | (1) determine whether the child has: |
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37 | 42 | | (A) a valid license issued under Chapter 521, |
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38 | 43 | | Transportation Code; or |
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39 | 44 | | (B) a valid personal identification certificate |
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40 | 45 | | issued under Chapter 521, Transportation Code; and |
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41 | 46 | | (2) if the child does not have a valid license or |
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42 | 47 | | certificate described by Subdivision (1), submit to the Department |
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43 | 48 | | of Public Safety on behalf of the child a request for the issuance |
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44 | 49 | | of a personal identification certificate under Chapter 521, |
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45 | 50 | | Transportation Code. |
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46 | 51 | | (b) The department shall submit a request under Subsection |
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47 | 52 | | (a)(2) as soon as is practicable to enable the department to receive |
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48 | 53 | | the personal identification certificate before the department |
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49 | 54 | | releases or discharges the child and to provide the child with the |
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50 | 55 | | personal identification certificate when the department releases |
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51 | 56 | | or discharges the child. |
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52 | 57 | | (c) The department, the Department of Public Safety, and the |
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53 | 58 | | vital statistics unit of the Department of State Health Services |
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54 | 59 | | shall adopt a memorandum of understanding that establishes their |
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55 | 60 | | respective responsibilities with respect to the issuance of a |
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56 | 61 | | personal identification certificate to a child, including |
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57 | 62 | | responsibilities related to verification of the child's identity. |
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58 | 63 | | The memorandum of understanding must require the Department of |
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59 | 64 | | State Health Services to electronically verify the birth record of |
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60 | 65 | | a child whose name and any other personal information is provided by |
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61 | 66 | | the department and to electronically report the recorded filing |
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62 | 67 | | information to the Department of Public Safety to validate the |
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63 | 68 | | identity of a child under this section. |
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64 | 69 | | (d) The department shall reimburse the Department of Public |
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65 | 70 | | Safety or the Department of State Health Services for the actual |
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66 | 71 | | costs incurred by those agencies in performing responsibilities |
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67 | 72 | | established under this section. The department may charge the |
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68 | 73 | | child's parent or guardian for the actual costs incurred under this |
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69 | 74 | | section or the fees required by Section 521.421, Transportation |
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70 | 75 | | Code. |
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71 | 76 | | (e) This section does not apply to a child who: |
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72 | 77 | | (1) is not legally present in the United States; or |
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73 | 78 | | (2) was not a resident of this state before the child |
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74 | 79 | | was placed in the custody of the department. |
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75 | | - | Sec. 245.0537. PROVIDING RELEASED OR DISCHARGED CHILD WITH |
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76 | | - | BIRTH CERTIFICATE AND SOCIAL SECURITY CARD. (a) In addition to |
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77 | | - | complying with the requirements of Section 245.0536, before |
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78 | | - | releasing a child under supervision or finally discharging a child, |
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79 | | - | the department must: |
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80 | | - | (1) determine whether the child has a: |
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81 | | - | (A) certified copy of the child's birth |
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82 | | - | certificate; and |
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83 | | - | (B) copy of the child's social security card; and |
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84 | | - | (2) if the child does not have a document described by |
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85 | | - | Subdivision (1), submit to the appropriate entity on behalf of the |
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86 | | - | child a request for the issuance of the applicable document. |
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87 | | - | (b) The department shall submit a request under Subsection |
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88 | | - | (a)(2) as soon as is practicable to enable the department to receive |
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89 | | - | the applicable document before the department releases or |
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90 | | - | discharges the child and to provide the child with the applicable |
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91 | | - | document when the department releases or discharges the child. |
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92 | | - | (c) This section does not apply to a child who: |
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93 | | - | (1) is not legally present in the United States; or |
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94 | | - | (2) was not a resident of this state before the child |
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95 | | - | was placed in the custody of the department. |
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102 | | - | SECTION 4. Sections 245.0536 and 245.0537, Human Resources |
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103 | | - | Code, as added by this Act, apply only to the release under |
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104 | | - | supervision or final discharge of a child that occurs on or after |
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105 | | - | December 1, 2021. A release under supervision or final discharge |
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106 | | - | that occurs before that date is governed by the law in effect |
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107 | | - | immediately before the effective date of this Act, and the former |
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108 | | - | law is continued in effect for that purpose. |
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| 86 | + | SECTION 4. Section 245.0536, Human Resources Code, as added |
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| 87 | + | by this Act, applies only to the release under supervision or final |
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| 88 | + | discharge of a child that occurs on or after December 1, 2021. A |
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| 89 | + | release under supervision or final discharge that occurs before |
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| 90 | + | that date is governed by the law in effect immediately before the |
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| 91 | + | effective date of this Act, and the former law is continued in |
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| 92 | + | effect for that purpose. |
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110 | | - | ______________________________ ______________________________ |
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111 | | - | President of the Senate Speaker of the House |
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112 | | - | I certify that H.B. No. 4544 was passed by the House on April |
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113 | | - | 30, 2021, by the following vote: Yeas 141, Nays 0, 2 present, not |
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114 | | - | voting; and that the House concurred in Senate amendments to H.B. |
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115 | | - | No. 4544 on May 28, 2021, by the following vote: Yeas 144, Nays 0, |
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116 | | - | 2 present, not voting. |
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117 | | - | ______________________________ |
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118 | | - | Chief Clerk of the House |
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119 | | - | I certify that H.B. No. 4544 was passed by the Senate, with |
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120 | | - | amendments, on May 24, 2021, by the following vote: Yeas 30, Nays |
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121 | | - | 0. |
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122 | | - | ______________________________ |
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123 | | - | Secretary of the Senate |
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124 | | - | APPROVED: __________________ |
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125 | | - | Date |
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126 | | - | __________________ |
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127 | | - | Governor |
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| 94 | + | * * * * * |
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