Texas 2023 - 88th Regular

Texas House Bill HB1965 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R6125 CJD-D
2	2	By: Plesa H.B. No. 1965
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to providing children committed to the Texas Juvenile
8	8	Justice Department and prisoners serving a sentence in a county
9	9	jail with certain documents on discharge or release; authorizing a
10	10	fee.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 245.0536(b), Human Resources Code, is
13	13	amended to read as follows:
14	14	(b) The department shall submit a request under Subsection
15	15	(a)(2) on intake of the child [as soon as is practicable] to enable
16	16	the department to receive the personal identification certificate
17	17	before the department releases or discharges the child and to
18	18	provide the child with the personal identification certificate when
19	19	the department releases or discharges the child.
20	20	SECTION 2. Section 245.0537(b), Human Resources Code, is
21	21	amended to read as follows:
22	22	(b) The department shall submit a request under Subsection
23	23	(a)(2) on intake of the child [as soon as is practicable] to enable
24	24	the department to receive the applicable document before the
25	25	department releases or discharges the child and to provide the
26	26	child with the applicable document when the department releases or
27	27	discharges the child.
28	28	SECTION 3. Subchapter C, Chapter 351, Local Government
29	29	Code, is amended by adding Sections 351.049 and 351.050 to read as
30	30	follows:
31	31	Sec. 351.049. PROVIDING DISCHARGED PRISONER WITH
32	32	STATE-ISSUED IDENTIFICATION. (a) Before discharging a prisoner
33	33	serving a sentence in a county jail, the sheriff of the county must:
34	34	(1) determine whether the prisoner has:
35	35	(A) a valid license issued under Chapter 521 or
36	36	522, Transportation Code; or
37	37	(B) a valid personal identification certificate
38	38	issued under Chapter 521, Transportation Code; and
39	39	(2) if the prisoner does not have a valid license or
40	40	certificate described by Subdivision (1), submit to the Department
41	41	of Public Safety on behalf of the prisoner a request for the
42	42	issuance of a personal identification certificate under Chapter
43	43	521, Transportation Code.
44	44	(b) The sheriff shall submit a request under Subsection
45	45	(a)(2) on intake of the prisoner to enable the sheriff to provide
46	46	the prisoner with the personal identification certificate when the
47	47	prisoner is discharged from the county jail.
48	48	(c) The Commission on Jail Standards, the Department of
49	49	Public Safety, and the vital statistics unit of the Department of
50	50	State Health Services shall adopt a memorandum of understanding
51	51	that establishes the respective responsibilities of a sheriff, the
52	52	Department of Public Safety, and the Department of State Health
53	53	Services with respect to the issuance of a personal identification
54	54	certificate to a prisoner serving a sentence in a county jail,
55	55	including responsibilities related to verification of the
56	56	prisoner's identity. The memorandum of understanding must require
57	57	the Department of State Health Services to electronically verify
58	58	the birth record of a prisoner whose name and any other personal
59	59	information is provided by the sheriff and to electronically report
60	60	the recorded filing information to the Department of Public Safety
61	61	to validate the identity of a prisoner under this section.
62	62	(d) The sheriff or commissioners court of the county shall
63	63	reimburse the Department of Public Safety or the Department of
64	64	State Health Services for the actual costs incurred by those
65	65	agencies in performing responsibilities established under this
66	66	section. The sheriff may charge a prisoner for the actual costs
67	67	incurred under this section or the fees required by Section
68	68	521.421, Transportation Code.
69	69	(e) This section does not apply to a prisoner who:
70	70	(1) is not legally present in the United States; or
71	71	(2) was not a resident of this state before the
72	72	prisoner was placed in the custody of the sheriff.
73	73	Sec. 351.050. PROVIDING DISCHARGED PRISONER WITH BIRTH
74	74	CERTIFICATE AND SOCIAL SECURITY CARD. (a) In addition to complying
75	75	with the requirements of Section 351.049, before discharging a
76	76	prisoner serving a sentence in a county jail, the sheriff of the
77	77	county must:
78	78	(1) determine whether the prisoner has a:
79	79	(A) certified copy of the prisoner's birth
80	80	certificate; and
81	81	(B) copy of the prisoner's social security card;
82	82	and
83	83	(2) if the prisoner does not have a document described
84	84	by Subdivision (1), submit to the appropriate entity on behalf of
85	85	the prisoner a request for the issuance of the applicable document.
86	86	(b) The sheriff shall submit a request under Subsection
87	87	(a)(2) on intake of the prisoner to enable the sheriff to provide
88	88	the prisoner with the applicable document when the prisoner is
89	89	discharged from the county jail.
90	90	(c) This section does not apply to a prisoner who:
91	91	(1) is not legally present in the United States; or
92	92	(2) was not a resident of this state before the
93	93	prisoner was placed in the custody of the sheriff.
94	94	SECTION 4. Section 521.421(a-1), Transportation Code, is
95	95	amended to read as follows:
96	96	(a-1) The fee for a personal identification certificate
97	97	issued under Section 501.0165, Government Code, Section 841.153,
98	98	Health and Safety Code, [or] Section 245.0536, Human Resources
99	99	Code, or Section 351.049, Local Government Code, or for a driver's
100	100	license under Section 521.1421 of this code is $5.
101	101	SECTION 5. Sections 351.049 and 351.050, Local Government
102	102	Code, as added by this Act, apply only to the discharge of a
103	103	prisoner that occurs on or after December 1, 2023. A discharge that
104	104	occurs before that date is governed by the law in effect immediately
105	105	before the effective date of this Act, and the former law is
106	106	continued in effect for that purpose.
107	107	SECTION 6. This Act takes effect immediately if it receives
108	108	a vote of two-thirds of all the members elected to each house, as
109	109	provided by Section 39, Article III, Texas Constitution. If this
110	110	Act does not receive the vote necessary for immediate effect, this
111	111	Act takes effect September 1, 2023.