1 | 1 | | 87R7782 JG-D |
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2 | 2 | | By: Eckhardt S.B. No. 1833 |
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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 post-release housing for inmates released on parole or |
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8 | 8 | | to mandatory supervision. |
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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 508.157, Government Code, is amended by |
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11 | 11 | | amending Subsection (b) and adding Subsections (f) and (g) to read |
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12 | 12 | | as follows: |
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13 | 13 | | (b) The [If the department does not operate or contract for |
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14 | 14 | | the operation of a residential correctional facility in the county |
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15 | 15 | | of legal residence of an inmate or releasee, the] department may |
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16 | 16 | | issue, for an inmate described by Subsection (a) or for a releasee, |
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17 | 17 | | payment for the cost of temporary post-release housing that: |
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18 | 18 | | (1) meets any conditions or requirements imposed by a |
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19 | 19 | | parole panel; |
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20 | 20 | | (2) meets or exceeds the standards developed by the |
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21 | 21 | | Reentry Housing Task Force; and |
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22 | 22 | | (3) is located in the county of legal residence of the |
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23 | 23 | | inmate or releasee[; and |
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24 | 24 | | [(3) except as provided by Subsection (e-1), is in a |
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25 | 25 | | structure that existed on June 1, 2009, as a multifamily residence |
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26 | 26 | | or as a motel to which Section 156.001, Tax Code, applies]. |
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27 | 27 | | (f) The department shall actively seek grants from any |
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28 | 28 | | source for the purpose of expanding the use of temporary |
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29 | 29 | | post-release housing payments under Subsection (b) as an |
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30 | 30 | | alternative to housing an inmate described by Subsection (a) or a |
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31 | 31 | | releasee in a residential correctional facility. Notwithstanding |
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32 | 32 | | Subsection (d), the department may issue payments under Subsection |
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33 | 33 | | (b) out of grant funds received for that purpose. |
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34 | 34 | | (g) The department shall: |
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35 | 35 | | (1) prioritize the use of temporary post-release |
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36 | 36 | | housing payments under Subsection (b) to reduce the average number |
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37 | 37 | | of days an inmate described by Subsection (a) or a releasee is |
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38 | 38 | | housed in a residential correctional facility; and |
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39 | 39 | | (2) reduce the number of inmates or releasees housed |
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40 | 40 | | in a residential correctional facility if the department determines |
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41 | 41 | | that the issuance of payments under Subsection (b) increases the |
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42 | 42 | | availability of temporary post-release housing that meets or |
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43 | 43 | | exceeds the standards described by Subsection (b)(2). |
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44 | 44 | | SECTION 2. Subchapter E, Chapter 508, Government Code, is |
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45 | 45 | | amended by adding Sections 508.158 and 508.159 to read as follows: |
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46 | 46 | | Sec. 508.158. POST-RELEASE HOUSING PLANNING PROCEDURE AND |
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47 | 47 | | REPORT. (a) In this section, "residential correctional facility" |
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48 | 48 | | has the meaning assigned by Section 508.157. |
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49 | 49 | | (b) The department shall implement a post-release housing |
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50 | 50 | | planning procedure for releasees that includes the early |
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51 | 51 | | identification and assessment of inmates who do not have an |
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52 | 52 | | established plan for housing following release on parole or to |
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53 | 53 | | mandatory supervision. |
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54 | 54 | | (c) In implementing the post-release housing planning |
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55 | 55 | | procedure, the department shall create a needs assessment to |
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56 | 56 | | identify: |
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57 | 57 | | (1) inmates who would benefit from the use of |
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58 | 58 | | temporary post-release housing payments under Section 508.157(b); |
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59 | 59 | | (2) inmates who require more intensive planning for |
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60 | 60 | | post-release housing; and |
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61 | 61 | | (3) the particular housing needs of inmates due to a |
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62 | 62 | | disability or an inmate's familial circumstances. |
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63 | 63 | | (d) Not later than February 1 of each year, the department |
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64 | 64 | | shall submit to the governor, the lieutenant governor, the speaker |
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65 | 65 | | of the house of representatives, and each standing committee of the |
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66 | 66 | | legislature with primary jurisdiction over the department a report |
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67 | 67 | | that includes the following information for the preceding year: |
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68 | 68 | | (1) the number of inmates described by Subsection (b) |
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69 | 69 | | and the department's efforts to find post-release housing for those |
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70 | 70 | | inmates; |
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71 | 71 | | (2) the department's efforts to reduce the length of |
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72 | 72 | | time between an inmate's parole approval and the release of the |
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73 | 73 | | inmate on parole for an inmate described by Subsection (b); |
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74 | 74 | | (3) the department's efforts to expand post-release |
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75 | 75 | | housing options in local communities, including post-release |
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76 | 76 | | housing that meets or exceeds the standards developed by the |
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77 | 77 | | Reentry Housing Task Force; |
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78 | 78 | | (4) the average number of days a releasee is housed in |
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79 | 79 | | a residential correctional facility; and |
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80 | 80 | | (5) the number of releasees who absconded from a |
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81 | 81 | | residential correctional facility. |
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82 | 82 | | Sec. 508.159. REENTRY HOUSING TASK FORCE; BIENNIAL REPORTS. |
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83 | 83 | | (a) In this section, "task force" means the Reentry Housing Task |
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84 | 84 | | Force established under this section. |
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85 | 85 | | (b) The Reentry Housing Task Force is established and is |
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86 | 86 | | composed of members appointed by the executive director. The task |
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87 | 87 | | force must include: |
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88 | 88 | | (1) at least one representative from each of the |
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89 | 89 | | following entities: |
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90 | 90 | | (A) the Texas Department of Housing and Community |
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91 | 91 | | Affairs; |
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92 | 92 | | (B) the Texas Veterans Commission; |
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93 | 93 | | (C) a nonprofit organization that is engaged in |
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94 | 94 | | creating recovery housing options in this state; |
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95 | 95 | | (D) a nonprofit organization that advocates for |
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96 | 96 | | persons who are required to register as a sex offender under Chapter |
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97 | 97 | | 62, Code of Criminal Procedure; |
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98 | 98 | | (E) a nonprofit organization for family members |
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99 | 99 | | of persons who are incarcerated; and |
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100 | 100 | | (F) a nonprofit organization that operates a |
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101 | 101 | | Continuum of Care program funded wholly or partly by the United |
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102 | 102 | | States Department of Housing and Urban Development; |
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103 | 103 | | (2) two or more individuals who are health care |
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104 | 104 | | professionals, one of whom must be a certified emergency medical |
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105 | 105 | | technician; and |
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106 | 106 | | (3) one individual who specializes in the reentry of |
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107 | 107 | | female releasees. |
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108 | 108 | | (c) The executive director shall designate a member of the |
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109 | 109 | | task force as the presiding officer. |
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110 | 110 | | (d) The task force shall meet every other month or at the |
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111 | 111 | | call of the presiding officer. |
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112 | 112 | | (e) A member of the task force is not entitled to |
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113 | 113 | | compensation for service on the task force but is entitled to |
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114 | 114 | | reimbursement for travel expenses incurred by the member while |
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115 | 115 | | conducting the business of the task force as provided by the General |
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116 | 116 | | Appropriations Act. |
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117 | 117 | | (f) The task force shall: |
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118 | 118 | | (1) evaluate, on an ongoing basis, strategies for |
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119 | 119 | | improving post-release housing for releasees, including: |
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120 | 120 | | (A) methods to provide housing options for |
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121 | 121 | | releasees that are in addition to housing provided by residential |
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122 | 122 | | correctional facilities, as that term is defined by Section |
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123 | 123 | | 508.157; and |
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124 | 124 | | (B) the feasibility of expanding the use of |
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125 | 125 | | housing vouchers or other payments for the post-release housing of |
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126 | 126 | | releasees; |
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127 | 127 | | (2) develop and update as necessary standards for |
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128 | 128 | | post-release housing for releasees that promote: |
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129 | 129 | | (A) the successful reintegration of releasees |
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130 | 130 | | into the community; and |
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131 | 131 | | (B) community health and safety; |
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132 | 132 | | (3) develop and update as necessary a post-release |
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133 | 133 | | housing planning procedure for releasees that the department may |
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134 | 134 | | implement that includes the early identification and assessment of |
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135 | 135 | | inmates who do not have an established plan for housing following |
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136 | 136 | | release on parole or to mandatory supervision; and |
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137 | 137 | | (4) develop and update as necessary recommendations to |
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138 | 138 | | address the risk of homelessness for releasees who are unable to |
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139 | 139 | | find suitable post-release housing. |
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140 | 140 | | (g) The task force and the department shall evaluate, on an |
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141 | 141 | | ongoing basis, the implementation of post-release housing |
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142 | 142 | | initiatives and planning procedures under this subchapter. |
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143 | 143 | | (h) Not later than June 1 of each even-numbered year, the |
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144 | 144 | | task force shall prepare and submit to the department a written |
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145 | 145 | | report on the task force's findings under this section, including |
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146 | 146 | | standards, procedures, and recommendations developed under |
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147 | 147 | | Subsection (f) and any updates to those standards, procedures, and |
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148 | 148 | | recommendations. |
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149 | 149 | | (i) Not later than June 30 of each even-numbered year, the |
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150 | 150 | | department shall compile the results of the evaluations conducted |
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151 | 151 | | under Subsection (g) and the findings submitted under Subsection |
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152 | 152 | | (h) and shall prepare and submit to the legislature a written report |
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153 | 153 | | on the evaluation results and findings. The report must include any |
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154 | 154 | | proposed legislative recommendations. |
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155 | 155 | | (j) Chapter 2110 does not apply to the size, composition, or |
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156 | 156 | | duration of the task force or to the designation of the task force's |
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157 | 157 | | presiding officer. |
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158 | 158 | | SECTION 3. Section 508.157(e-1), Government Code, is |
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159 | 159 | | repealed. |
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160 | 160 | | SECTION 4. Notwithstanding the requirements of Section |
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161 | 161 | | 508.157(b)(2), Government Code, as amended by this Act, until |
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162 | 162 | | January 1, 2023, the Texas Department of Criminal Justice may |
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163 | 163 | | continue to make payments for the cost of temporary post-release |
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164 | 164 | | housing under the requirements of Section 508.157(b), Government |
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165 | 165 | | Code, that existed immediately before the effective date of this |
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166 | 166 | | Act, and those requirements are continued in effect for that |
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167 | 167 | | purpose. |
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168 | 168 | | SECTION 5. Not later than December 1, 2021, the Texas |
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169 | 169 | | Department of Criminal Justice shall implement the post-release |
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170 | 170 | | housing planning procedure and assessment required by Section |
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171 | 171 | | 508.158, Government Code, as added by this Act. |
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172 | 172 | | SECTION 6. Not later than November 1, 2021, the executive |
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173 | 173 | | director of the Texas Department of Criminal Justice shall appoint |
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174 | 174 | | the members to the Reentry Housing Task Force as required by Section |
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175 | 175 | | 508.159, Government Code, as added by this Act. |
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176 | 176 | | SECTION 7. This Act takes effect September 1, 2021. |
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