1 | 1 | | 89R12007 CJD-D |
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2 | 2 | | By: Plesa H.B. No. 2814 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to providing children committed to the Texas Juvenile |
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10 | 10 | | Justice Department and prisoners serving a sentence in a county |
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11 | 11 | | jail with certain documents on discharge or release; authorizing a |
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12 | 12 | | fee. |
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13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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14 | 14 | | SECTION 1. Section 245.0536(b), Human Resources Code, is |
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15 | 15 | | amended to read as follows: |
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16 | 16 | | (b) The department shall submit a request under Subsection |
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17 | 17 | | (a)(2) on intake of the child [as soon as is practicable] to enable |
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18 | 18 | | the department to receive the personal identification certificate |
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19 | 19 | | before the department releases or discharges the child and to |
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20 | 20 | | provide the child with the personal identification certificate when |
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21 | 21 | | the department releases or discharges the child. |
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22 | 22 | | SECTION 2. Section 245.0537(b), Human Resources Code, is |
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23 | 23 | | amended to read as follows: |
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24 | 24 | | (b) The department shall submit a request under Subsection |
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25 | 25 | | (a)(2) on intake of the child [as soon as is practicable] to enable |
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26 | 26 | | the department to receive the applicable document before the |
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27 | 27 | | department releases or discharges the child and to provide the |
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28 | 28 | | child with the applicable document when the department releases or |
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29 | 29 | | discharges the child. |
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30 | 30 | | SECTION 3. Subchapter C, Chapter 351, Local Government |
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31 | 31 | | Code, is amended by adding Sections 351.049 and 351.050 to read as |
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32 | 32 | | follows: |
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33 | 33 | | Sec. 351.049. PROVIDING DISCHARGED PRISONER WITH |
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34 | 34 | | STATE-ISSUED IDENTIFICATION. (a) Before discharging a prisoner |
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35 | 35 | | serving a sentence in a county jail, the sheriff of the county must: |
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36 | 36 | | (1) determine whether the prisoner has: |
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37 | 37 | | (A) a valid license issued under Chapter 521 or |
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38 | 38 | | 522, Transportation Code; or |
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39 | 39 | | (B) a valid personal identification certificate |
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40 | 40 | | issued under Chapter 521, Transportation Code; and |
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41 | 41 | | (2) if the prisoner does not have a valid license or |
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42 | 42 | | certificate described by Subdivision (1), submit to the Department |
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43 | 43 | | of Public Safety on behalf of the prisoner a request for the |
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44 | 44 | | issuance of a personal identification certificate under Chapter |
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45 | 45 | | 521, Transportation Code. |
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46 | 46 | | (b) The sheriff shall submit a request under Subsection |
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47 | 47 | | (a)(2) on intake of the prisoner to enable the sheriff to provide |
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48 | 48 | | the prisoner with the personal identification certificate when the |
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49 | 49 | | prisoner is discharged from the county jail. |
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50 | 50 | | (c) The Commission on Jail Standards, the Department of |
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51 | 51 | | Public Safety, and the vital statistics unit of the Department of |
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52 | 52 | | State Health Services shall adopt a memorandum of understanding |
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53 | 53 | | that establishes the respective responsibilities of a sheriff, the |
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54 | 54 | | Department of Public Safety, and the Department of State Health |
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55 | 55 | | Services with respect to the issuance of a personal identification |
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56 | 56 | | certificate to a prisoner serving a sentence in a county jail, |
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57 | 57 | | including responsibilities related to verification of the |
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58 | 58 | | prisoner's identity. The memorandum of understanding must require |
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59 | 59 | | the Department of State Health Services to electronically verify |
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60 | 60 | | the birth record of a prisoner whose name and any other personal |
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61 | 61 | | information is provided by the sheriff and to electronically report |
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62 | 62 | | the recorded filing information to the Department of Public Safety |
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63 | 63 | | to validate the identity of a prisoner under this section. |
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64 | 64 | | (d) The sheriff or commissioners court of the county shall |
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65 | 65 | | reimburse the Department of Public Safety or the Department of |
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66 | 66 | | State Health Services for the actual costs incurred by those |
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67 | 67 | | agencies in performing responsibilities established under this |
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68 | 68 | | section. The sheriff may charge a prisoner for the actual costs |
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69 | 69 | | incurred under this section or the fees required by Section |
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70 | 70 | | 521.421, Transportation Code. |
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71 | 71 | | (e) This section does not apply to a prisoner who: |
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72 | 72 | | (1) is not legally present in the United States; or |
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73 | 73 | | (2) was not a resident of this state before the |
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74 | 74 | | prisoner was placed in the custody of the sheriff. |
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75 | 75 | | Sec. 351.050. PROVIDING DISCHARGED PRISONER WITH BIRTH |
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76 | 76 | | CERTIFICATE AND SOCIAL SECURITY CARD. (a) In addition to complying |
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77 | 77 | | with the requirements of Section 351.049, before discharging a |
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78 | 78 | | prisoner serving a sentence in a county jail, the sheriff of the |
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79 | 79 | | county must: |
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80 | 80 | | (1) determine whether the prisoner has a: |
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81 | 81 | | (A) certified copy of the prisoner's birth |
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82 | 82 | | certificate; and |
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83 | 83 | | (B) copy of the prisoner's social security card; |
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84 | 84 | | and |
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85 | 85 | | (2) if the prisoner does not have a document described |
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86 | 86 | | by Subdivision (1), submit to the appropriate entity on behalf of |
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87 | 87 | | the prisoner a request for the issuance of the applicable document. |
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88 | 88 | | (b) The sheriff shall submit a request under Subsection |
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89 | 89 | | (a)(2) on intake of the prisoner to enable the sheriff to provide |
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90 | 90 | | the prisoner with the applicable document when the prisoner is |
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91 | 91 | | discharged from the county jail. |
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92 | 92 | | (c) This section does not apply to a prisoner who: |
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93 | 93 | | (1) is not legally present in the United States; or |
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94 | 94 | | (2) was not a resident of this state before the |
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95 | 95 | | prisoner was placed in the custody of the sheriff. |
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96 | 96 | | SECTION 4. Section 521.421(a-1), Transportation Code, is |
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97 | 97 | | amended to read as follows: |
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98 | 98 | | (a-1) The fee for a personal identification certificate |
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99 | 99 | | issued under Section 501.0165, Government Code, Section 841.153, |
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100 | 100 | | Health and Safety Code, [or] Section 245.0536, Human Resources |
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101 | 101 | | Code, or Section 351.049, Local Government Code, or for a driver's |
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102 | 102 | | license under Section 521.1421 of this code is $5. |
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103 | 103 | | SECTION 5. Sections 351.049 and 351.050, Local Government |
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104 | 104 | | Code, as added by this Act, apply only to the discharge of a |
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105 | 105 | | prisoner that occurs on or after December 1, 2025. A discharge that |
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106 | 106 | | occurs before that date is governed by the law in effect immediately |
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107 | 107 | | before the effective date of this Act, and the former law is |
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108 | 108 | | continued in effect for that purpose. |
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109 | 109 | | SECTION 6. This Act takes effect immediately if it receives |
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110 | 110 | | a vote of two-thirds of all the members elected to each house, as |
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111 | 111 | | provided by Section 39, Article III, Texas Constitution. If this |
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112 | 112 | | Act does not receive the vote necessary for immediate effect, this |
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113 | 113 | | Act takes effect September 1, 2025. |
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