Texas 2021 - 87th 3rd C.S.

Texas House Bill HB146 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87S30512 MAW-F
2	2	By: Crockett H.B. No. 146
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to determining the residence of incarcerated persons.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Article 16.21, Code of Criminal Procedure, is
10	10	amended to read as follows:
11	11	Art. 16.21. DUTY OF SHERIFF AS TO PRISONERS. (a) Every
12	12	sheriff shall keep safely a person committed to the sheriff's [his]
13	13	custody. The sheriff [He] shall use no cruel or unusual means to
14	14	secure this end, but shall adopt all necessary measures to prevent
15	15	the escape of a prisoner. The sheriff [He] may summon a guard of
16	16	sufficient number, in case it becomes necessary to prevent an
17	17	escape from jail, or the rescue of a prisoner.
18	18	(b) A sheriff shall take all practical measures to obtain
19	19	and record the following information from a person committed to the
20	20	sheriff's custody:
21	21	(1) the age, gender, and race of each person and
22	22	whether the person is of Hispanic, Latino, or Spanish origin, if
23	23	known; and
24	24	(2) the current address or location at which the
25	25	person resides.
26	26	(c) If a sheriff is unable to obtain the information
27	27	described by Subsection (b), the sheriff shall make a record of that
28	28	fact.
29	29	(d) Information described by Subsections (b) and (c) is
30	30	confidential and not subject to required disclosure under Chapter
31	31	552, Government Code.
32	32	SECTION 2. Section 1.015(e), Election Code, is amended to
33	33	read as follows:
34	34	(e) A person [who is an inmate in a penal institution or] who
35	35	is an involuntary inmate in a health care, detention, [hospital] or
36	36	eleemosynary institution, including a hospital, rehabilitation
37	37	center, substance abuse treatment center, psychiatric facility,
38	38	prison, jail, or detention center, does not, solely because the
39	39	person is [while] an inmate, acquire residence at the place where
40	40	the institution is located. Notwithstanding any other law, a
41	41	person described by this subsection retains residency at the
42	42	location of the person's residence before becoming an inmate and
43	43	may register to vote or remain registered to vote at that location
44	44	if the person is otherwise eligible to vote in the jurisdiction of
45	45	the person's residence. A person who is an inmate and who does not
46	46	have a residence outside of the institution at which the person is
47	47	held may, notwithstanding any other law, register to vote at the
48	48	institution provided that the person is otherwise eligible to vote
49	49	in the jurisdiction in which the institution is located. A person
50	50	who registers to vote at an institution in the manner provided by
51	51	this subsection loses residence at that institution once the person
52	52	is released from the institution and acquires a new residence.
53	53	SECTION 3. Sections 2058.002(a) and (b), Government Code,
54	54	are amended to read as follows:
55	55	(a) The legislature or the Legislative Redistricting Board
56	56	under Article III, Section 28, of the Texas Constitution may
57	57	officially recognize or act on a federal decennial census as
58	58	adjusted under Section 2058.003 before September 1 of the year
59	59	after the calendar year during which the census was taken.
60	60	(b) A political subdivision governed by a body elected from
61	61	single-member districts may recognize and act on tabulations of
62	62	population of a federal decennial census as adjusted under Section
63	63	2058.003, for redistricting purposes, as soon as those adjusted
64	64	tabulations become available [on or after the date the governor
65	65	receives a report of the basic tabulations of population from the
66	66	secretary of commerce under 13 U.S.C. Section 141(c)]. This
67	67	subsection does not apply to a political subdivision that was not
68	68	subject to a statute requiring certain political subdivisions,
69	69	classified by population, to elect their governing bodies from
70	70	single-member districts under the preceding federal census.
71	71	SECTION 4. Chapter 2058, Government Code, is amended by
72	72	adding Sections 2058.003 and 2058.004 to read as follows:
73	73	Sec. 2058.003. INCLUSION OF INCARCERATED PERSONS IN CENSUS
74	74	COUNTS. (a) Not later than the 14th day following the date on which
75	75	the tract-level population counts for this state from the federal
76	76	decennial census are released by the director of the Bureau of the
77	77	Census of the United States Department of Commerce, the
78	78	comptroller, in coordination with the Texas Demographic Center, the
79	79	Texas Legislative Council, and the Texas Department of Criminal
80	80	Justice, shall prepare and disseminate adjusted population counts
81	81	for each geographic unit included in the census counts as provided
82	82	by this section.
83	83	(b) Not later than June 1 of the year in which the federal
84	84	decennial census is conducted, each state or local governmental
85	85	entity in this state that operates a facility for the incarceration
86	86	of persons convicted of a criminal offense, including a mental
87	87	health institution for those persons, or that places any person
88	88	convicted of a criminal offense in a private facility to be
89	89	incarcerated on behalf of the governmental entity, shall submit a
90	90	report to the comptroller with the following information:
91	91	(1) a unique identifier, not including the name, for
92	92	each person incarcerated in a facility operated by the governmental
93	93	entity or in a private facility on behalf of the governmental entity
94	94	on the date for which the census reports population who completed a
95	95	census form, responded to a census inquiry, or was included in any
96	96	report provided to census officials, if the form, response, or
97	97	report indicated that the person resided at the facility on that
98	98	date;
99	99	(2) the age, gender, and race of each person included
100	100	in the report and whether the person is of Hispanic, Latino, or
101	101	Spanish origin, if known; and
102	102	(3) the last address at which the person resided
103	103	before the person's current incarceration.
104	104	(c) Each governmental entity required to make a report under
105	105	Subsection (b) shall ensure that the entity collects and maintains
106	106	the information required to make the report. The comptroller, in
107	107	coordination with the correctional institutions division of the
108	108	Texas Department of Criminal Justice, shall prescribe procedures
109	109	that a governmental entity shall use to permit each person included
110	110	in the report to indicate the person's race and ethnicity for
111	111	purposes of Subsection (b)(2) in a manner similar to the manner in
112	112	which a person not incarcerated would indicate the person's race
113	113	and ethnicity for the federal decennial census.
114	114	(d) The comptroller shall request each agency that operates
115	115	a federal facility in this state that incarcerates persons
116	116	convicted of a criminal offense to provide the comptroller with a
117	117	report including the information listed in Subsection (b) for
118	118	persons convicted of an offense in this state.
119	119	(e) For each person included in a report received under
120	120	Subsection (b) or (d), the comptroller, in coordination with the
121	121	Texas Demographic Center, the Texas Legislative Council, and the
122	122	Texas Department of Criminal Justice, shall determine the
123	123	geographic units for which population counts are reported in the
124	124	federal decennial census that contain the last address at which the
125	125	person resided before the person's incarceration according to the
126	126	report and, if that address is in this state:
127	127	(1) adjust all relevant population counts reported in
128	128	the census, including populations by age, gender, race, and
129	129	Hispanic, Latino, or Spanish origin, as if the person resided at
130	130	that address on the day for which the census reports population; and
131	131	(2) eliminate the person from all applicable
132	132	population counts reported in the federal decennial census for the
133	133	geographic units that include the facility at which the person was
134	134	incarcerated on the day for which the census reports population.
135	135	(f) The information required to be included in a report
136	136	under Subsection (b) or (d) is confidential and not subject to
137	137	required disclosure under Chapter 552. This subsection does not
138	138	apply to information aggregated by geographic census unit that does
139	139	not disclose the address of or other information that might
140	140	identify an individual.
141	141	Sec. 2058.004. USE OF ADJUSTED CENSUS COUNTS FOR
142	142	REDISTRICTING. (a) Each state and local governmental entity,
143	143	including any board or commission, that is responsible for drawing
144	144	districts for any elected office in this state on the basis of
145	145	population, including any federal, state, or local elected office,
146	146	shall use the adjusted population counts prepared by the
147	147	comptroller under Section 2058.003 to determine the population of
148	148	geographic units.
149	149	(b) Each political subdivision of this state that elects any
150	150	members of a governmental body from election districts, wards, or
151	151	precincts that are subject to the one-person, one-vote requirement
152	152	of the Constitution of the United States shall ensure that after
153	153	redistricting each of those election districts, wards, or precincts
154	154	does not vary from the average population of those districts,
155	155	wards, or precincts according to the most recent adjusted
156	156	population counts prepared by the comptroller under Section
157	157	2058.003 by more than five percent.
158	158	(c) A state governmental body, including the legislature,
159	159	the Legislative Redistricting Board, or any state court, that
160	160	redistricts any election districts subject to the one-person,
161	161	one-vote requirement of the Constitution of the United States shall
162	162	comply with the restriction provided by Subsection (b).
163	163	(d) To the extent of any conflict between Subsection (b) or
164	164	(c) and another state or federal law requiring a deviation of less
165	165	than five percent for an election district, the other law controls.
166	166	(e) A governmental entity to which this section applies may
167	167	exceed the adjusted population restrictions required by this
168	168	section only to the extent necessary to comply with federal law or
169	169	the Texas Constitution.
170	170	(f) This section does not apply to any political subdivision
171	171	or state governmental body before the comptroller makes the initial
172	172	adjustment of census counts under Section 2058.003.
173	173	SECTION 5. Section 151.317, Tax Code, is amended by
174	174	amending Subsection (c) and adding Subsection (c-1) to read as
175	175	follows:
176	176	(c) Except as provided by Subsection (c-1), in [In] this
177	177	section, "residential use" means use:
178	178	(1) in a family dwelling or in a multifamily apartment
179	179	or housing complex or building or in a part of a building occupied
180	180	as a home or residence when the use is by the owner of the dwelling,
181	181	apartment, complex, or building or part of the building occupied;
182	182	or
183	183	(2) in a dwelling, apartment, house, or building or
184	184	part of a building occupied as a home or residence when the use is by
185	185	a tenant who occupies the dwelling, apartment, house, or building
186	186	or part of a building under a contract for an express initial term
187	187	for longer than 29 consecutive days.
188	188	(c-1) The term "residential use" does not include use in a
189	189	health care or detention facility, including a hospital,
190	190	rehabilitation center, substance abuse treatment center,
191	191	psychiatric facility, prison, jail, or other detention center, or
192	192	use by the owner or operator of the health care or detention
193	193	facility.
194	194	SECTION 6. This Act takes effect immediately if it receives
195	195	a vote of two-thirds of all the members elected to each house, as
196	196	provided by Section 39, Article III, Texas Constitution. If this
197	197	Act does not receive the vote necessary for immediate effect, this
198	198	Act takes effect January 1, 2023.