88R6444 MZM-D
By: Campos H.B. No. 1428
A BILL TO BE ENTITLED
AN ACT
relating to providing prisoners serving a sentence in a county jail
with certain documents on discharge.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 351, Local Government
Code, is amended by adding Sections 351.049 and 351.050 to read as
follows:
Sec. 351.049. PROVIDING DISCHARGED PRISONER WITH
STATE-ISSUED IDENTIFICATION. (a) Before discharging a prisoner
serving a sentence in a county jail, the sheriff of the county
shall:
(1) determine whether the prisoner has:
(A) a valid license issued under Chapter 521 or
522, Transportation Code; or
(B) a valid personal identification certificate
issued under Chapter 521, Transportation Code; and
(2) if the prisoner does not have a valid license or
certificate described by Subdivision (1), submit to the Department
of Public Safety on behalf of the prisoner a request for the
issuance of a personal identification certificate under Chapter
521, Transportation Code.
(b) The sheriff shall submit a request under Subsection
(a)(2) as soon as is practicable to enable the sheriff to provide
the prisoner with the personal identification certificate when the
prisoner is discharged from the county jail.
(c) The Commission on Jail Standards, the Department of
Public Safety, and the vital statistics unit of the Department of
State Health Services shall adopt a memorandum of understanding
that establishes the respective responsibilities of a sheriff, the
Department of Public Safety, and the Department of State Health
Services with respect to the issuance of a personal identification
certificate to a prisoner serving a sentence in a county jail,
including responsibilities related to verification of the
prisoner's identity. The memorandum of understanding must require
the Department of State Health Services to electronically verify
the birth record of a prisoner whose name and any other personal
information is provided by the sheriff and to electronically report
the recorded filing information to the Department of Public Safety
to validate the identity of a prisoner under this section.
(d) The sheriff or commissioners court of the county shall
reimburse the Department of Public Safety or the Department of
State Health Services for the actual costs incurred by those
agencies in performing responsibilities established under this
section. The sheriff may not charge a prisoner any fee relating to
the costs incurred under this section.
(e) This section does not apply to a prisoner who:
(1) is not legally present in the United States; or
(2) was not a resident of this state before the
prisoner was placed in the custody of the sheriff.
Sec. 351.050. PROVIDING DISCHARGED PRISONER WITH BIRTH
CERTIFICATE AND SOCIAL SECURITY CARD. (a) In addition to
complying with the requirements of Section 351.049, before
discharging a prisoner serving a sentence in a county jail, the
sheriff of the county must:
(1) determine whether the prisoner has a:
(A) certified copy of the prisoner's birth
certificate; and
(B) copy of the prisoner's social security card;
and
(2) if the prisoner does not have a document described
by Subdivision (1), submit to the appropriate entity on behalf of
the prisoner a request for the issuance of the applicable document.
(b) The sheriff shall submit a request under Subsection
(a)(2) as soon as is practicable to enable the sheriff to provide
the prisoner with the applicable document when the prisoner is
discharged from the county jail.
(c) This section does not apply to a prisoner who:
(1) is not legally present in the United States; or
(2) was not a resident of this state before the
prisoner was placed in the custody of the sheriff.
SECTION 2. The change in law made by this Act applies only
to the discharge of a prisoner that occurs on or after December 1,
2023. A discharge that occurs before that date is governed by the
law in effect immediately before the effective date of this Act, and
the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.