Texas 2023 - 88th Regular

Texas House Bill HB1428 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R6444 MZM-D
2	2	By: Campos H.B. No. 1428
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to providing prisoners serving a sentence in a county jail
8	8	with certain documents on discharge.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter C, Chapter 351, Local Government
11	11	Code, is amended by adding Sections 351.049 and 351.050 to read as
12	12	follows:
13	13	Sec. 351.049. PROVIDING DISCHARGED PRISONER WITH
14	14	STATE-ISSUED IDENTIFICATION. (a) Before discharging a prisoner
15	15	serving a sentence in a county jail, the sheriff of the county
16	16	shall:
17	17	(1) determine whether the prisoner has:
18	18	(A) a valid license issued under Chapter 521 or
19	19	522, Transportation Code; or
20	20	(B) a valid personal identification certificate
21	21	issued under Chapter 521, Transportation Code; and
22	22	(2) if the prisoner does not have a valid license or
23	23	certificate described by Subdivision (1), submit to the Department
24	24	of Public Safety on behalf of the prisoner a request for the
25	25	issuance of a personal identification certificate under Chapter
26	26	521, Transportation Code.
27	27	(b) The sheriff shall submit a request under Subsection
28	28	(a)(2) as soon as is practicable to enable the sheriff to provide
29	29	the prisoner with the personal identification certificate when the
30	30	prisoner is discharged from the county jail.
31	31	(c) The Commission on Jail Standards, the Department of
32	32	Public Safety, and the vital statistics unit of the Department of
33	33	State Health Services shall adopt a memorandum of understanding
34	34	that establishes the respective responsibilities of a sheriff, the
35	35	Department of Public Safety, and the Department of State Health
36	36	Services with respect to the issuance of a personal identification
37	37	certificate to a prisoner serving a sentence in a county jail,
38	38	including responsibilities related to verification of the
39	39	prisoner's identity. The memorandum of understanding must require
40	40	the Department of State Health Services to electronically verify
41	41	the birth record of a prisoner whose name and any other personal
42	42	information is provided by the sheriff and to electronically report
43	43	the recorded filing information to the Department of Public Safety
44	44	to validate the identity of a prisoner under this section.
45	45	(d) The sheriff or commissioners court of the county shall
46	46	reimburse the Department of Public Safety or the Department of
47	47	State Health Services for the actual costs incurred by those
48	48	agencies in performing responsibilities established under this
49	49	section. The sheriff may not charge a prisoner any fee relating to
50	50	the costs incurred under this section.
51	51	(e) This section does not apply to a prisoner who:
52	52	(1) is not legally present in the United States; or
53	53	(2) was not a resident of this state before the
54	54	prisoner was placed in the custody of the sheriff.
55	55	Sec. 351.050. PROVIDING DISCHARGED PRISONER WITH BIRTH
56	56	CERTIFICATE AND SOCIAL SECURITY CARD. (a) In addition to
57	57	complying with the requirements of Section 351.049, before
58	58	discharging a prisoner serving a sentence in a county jail, the
59	59	sheriff of the county must:
60	60	(1) determine whether the prisoner has a:
61	61	(A) certified copy of the prisoner's birth
62	62	certificate; and
63	63	(B) copy of the prisoner's social security card;
64	64	and
65	65	(2) if the prisoner does not have a document described
66	66	by Subdivision (1), submit to the appropriate entity on behalf of
67	67	the prisoner a request for the issuance of the applicable document.
68	68	(b) The sheriff shall submit a request under Subsection
69	69	(a)(2) as soon as is practicable to enable the sheriff to provide
70	70	the prisoner with the applicable document when the prisoner is
71	71	discharged from the county jail.
72	72	(c) This section does not apply to a prisoner who:
73	73	(1) is not legally present in the United States; or
74	74	(2) was not a resident of this state before the
75	75	prisoner was placed in the custody of the sheriff.
76	76	SECTION 2. The change in law made by this Act applies only
77	77	to the discharge of a prisoner that occurs on or after December 1,
78	78	2023. A discharge that occurs before that date is governed by the
79	79	law in effect immediately before the effective date of this Act, and
80	80	the former law is continued in effect for that purpose.
81	81	SECTION 3. This Act takes effect immediately if it receives
82	82	a vote of two-thirds of all the members elected to each house, as
83	83	provided by Section 39, Article III, Texas Constitution. If this
84	84	Act does not receive the vote necessary for immediate effect, this
85	85	Act takes effect September 1, 2023.