| 1 | 1 | | 88R12727 MZM-D |
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| 2 | 2 | | By: Bryant H.B. No. 3426 |
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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 providing inmates with state-issued identification on |
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| 8 | 8 | | release or discharge. |
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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 501.0165, Government Code, is amended by |
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| 11 | 11 | | amending Subsections (b) and (c) and adding Subsection (c-1) to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | (b) The department shall submit a request under Subsection |
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| 14 | 14 | | (a)(2) as soon as is practicable to enable the department to provide |
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| 15 | 15 | | the inmate with the personal identification certificate when the |
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| 16 | 16 | | department discharges or releases the inmate but not later than: |
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| 17 | 17 | | (1) the 30th day before the date the inmate is |
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| 18 | 18 | | scheduled to be discharged; or |
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| 19 | 19 | | (2) the 15th day after the date the department is |
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| 20 | 20 | | notified that the inmate is to be released on parole, mandatory |
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| 21 | 21 | | supervision, or conditional pardon. |
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| 22 | 22 | | (c) The department, the Department of Public Safety, and the |
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| 23 | 23 | | [bureau of] vital statistics unit of the Department of State Health |
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| 24 | 24 | | Services shall by rule adopt a memorandum of understanding that |
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| 25 | 25 | | establishes their respective responsibilities with respect to the |
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| 26 | 26 | | issuance of a personal identification certificate to an inmate, |
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| 27 | 27 | | including responsibilities related to verification of the inmate's |
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| 28 | 28 | | identity. The memorandum of understanding must require: |
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| 29 | 29 | | (1) the Department of State Health Services to |
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| 30 | 30 | | electronically verify the birth record of an inmate whose name and |
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| 31 | 31 | | any other personal information is provided by the department and to |
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| 32 | 32 | | electronically report the recorded filing information to the |
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| 33 | 33 | | Department of Public Safety to validate the identity of an inmate |
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| 34 | 34 | | under this section; and |
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| 35 | 35 | | (2) the department and the Department of Public Safety |
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| 36 | 36 | | to establish procedures or other measures necessary to ensure that |
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| 37 | 37 | | inmates described by Subsection (a)(2) are provided with a personal |
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| 38 | 38 | | identification certificate when the department discharges or |
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| 39 | 39 | | releases the inmates. |
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| 40 | 40 | | (c-1) Not later than December 1 of each even-numbered year, |
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| 41 | 41 | | the department shall: |
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| 42 | 42 | | (1) submit to the governor, the lieutenant governor, |
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| 43 | 43 | | the speaker of the house of representatives, and each standing |
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| 44 | 44 | | committee of the legislature with primary jurisdiction over the |
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| 45 | 45 | | department a written report that contains the following information |
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| 46 | 46 | | for the two-year period proceeding the date of the report: |
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| 47 | 47 | | (A) the number of inmates discharged or released |
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| 48 | 48 | | on parole, mandatory supervision, or conditional pardon without a |
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| 49 | 49 | | valid license or personal identification certificate; and |
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| 50 | 50 | | (B) a summary of: |
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| 51 | 51 | | (i) the reasons inmates described by |
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| 52 | 52 | | Paragraph (A) were discharged or released without being provided a |
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| 53 | 53 | | personal identification certificate; and |
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| 54 | 54 | | (ii) the actions being implemented to |
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| 55 | 55 | | address the reasons identified under Subparagraph (i); and |
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| 56 | 56 | | (2) publish the report on the department's Internet |
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| 57 | 57 | | website. |
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| 58 | 58 | | SECTION 2. The change in law made by this Act applies only |
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| 59 | 59 | | to the discharge or release of an inmate on parole, mandatory |
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| 60 | 60 | | supervision, or conditional pardon that occurs on or after December |
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| 61 | 61 | | 1, 2023. A discharge or release that occurs before that date is |
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| 62 | 62 | | governed by the law in effect immediately before the effective date |
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| 63 | 63 | | of this Act, and the former law is continued in effect for that |
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| 64 | 64 | | purpose. |
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| 65 | 65 | | SECTION 3. This Act takes effect September 1, 2023. |
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