Texas 2025 - 89th Regular

Texas House Bill HB2814 Compare Versions

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11 89R12007 CJD-D
22 By: Plesa H.B. No. 2814
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to providing children committed to the Texas Juvenile
1010 Justice Department and prisoners serving a sentence in a county
1111 jail with certain documents on discharge or release; authorizing a
1212 fee.
1313 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1414 SECTION 1. Section 245.0536(b), Human Resources Code, is
1515 amended to read as follows:
1616 (b) The department shall submit a request under Subsection
1717 (a)(2) on intake of the child [as soon as is practicable] to enable
1818 the department to receive the personal identification certificate
1919 before the department releases or discharges the child and to
2020 provide the child with the personal identification certificate when
2121 the department releases or discharges the child.
2222 SECTION 2. Section 245.0537(b), Human Resources Code, is
2323 amended to read as follows:
2424 (b) The department shall submit a request under Subsection
2525 (a)(2) on intake of the child [as soon as is practicable] to enable
2626 the department to receive the applicable document before the
2727 department releases or discharges the child and to provide the
2828 child with the applicable document when the department releases or
2929 discharges the child.
3030 SECTION 3. Subchapter C, Chapter 351, Local Government
3131 Code, is amended by adding Sections 351.049 and 351.050 to read as
3232 follows:
3333 Sec. 351.049. PROVIDING DISCHARGED PRISONER WITH
3434 STATE-ISSUED IDENTIFICATION. (a) Before discharging a prisoner
3535 serving a sentence in a county jail, the sheriff of the county must:
3636 (1) determine whether the prisoner has:
3737 (A) a valid license issued under Chapter 521 or
3838 522, Transportation Code; or
3939 (B) a valid personal identification certificate
4040 issued under Chapter 521, Transportation Code; and
4141 (2) if the prisoner does not have a valid license or
4242 certificate described by Subdivision (1), submit to the Department
4343 of Public Safety on behalf of the prisoner a request for the
4444 issuance of a personal identification certificate under Chapter
4545 521, Transportation Code.
4646 (b) The sheriff shall submit a request under Subsection
4747 (a)(2) on intake of the prisoner to enable the sheriff to provide
4848 the prisoner with the personal identification certificate when the
4949 prisoner is discharged from the county jail.
5050 (c) The Commission on Jail Standards, the Department of
5151 Public Safety, and the vital statistics unit of the Department of
5252 State Health Services shall adopt a memorandum of understanding
5353 that establishes the respective responsibilities of a sheriff, the
5454 Department of Public Safety, and the Department of State Health
5555 Services with respect to the issuance of a personal identification
5656 certificate to a prisoner serving a sentence in a county jail,
5757 including responsibilities related to verification of the
5858 prisoner's identity. The memorandum of understanding must require
5959 the Department of State Health Services to electronically verify
6060 the birth record of a prisoner whose name and any other personal
6161 information is provided by the sheriff and to electronically report
6262 the recorded filing information to the Department of Public Safety
6363 to validate the identity of a prisoner under this section.
6464 (d) The sheriff or commissioners court of the county shall
6565 reimburse the Department of Public Safety or the Department of
6666 State Health Services for the actual costs incurred by those
6767 agencies in performing responsibilities established under this
6868 section. The sheriff may charge a prisoner for the actual costs
6969 incurred under this section or the fees required by Section
7070 521.421, Transportation Code.
7171 (e) This section does not apply to a prisoner who:
7272 (1) is not legally present in the United States; or
7373 (2) was not a resident of this state before the
7474 prisoner was placed in the custody of the sheriff.
7575 Sec. 351.050. PROVIDING DISCHARGED PRISONER WITH BIRTH
7676 CERTIFICATE AND SOCIAL SECURITY CARD. (a) In addition to complying
7777 with the requirements of Section 351.049, before discharging a
7878 prisoner serving a sentence in a county jail, the sheriff of the
7979 county must:
8080 (1) determine whether the prisoner has a:
8181 (A) certified copy of the prisoner's birth
8282 certificate; and
8383 (B) copy of the prisoner's social security card;
8484 and
8585 (2) if the prisoner does not have a document described
8686 by Subdivision (1), submit to the appropriate entity on behalf of
8787 the prisoner a request for the issuance of the applicable document.
8888 (b) The sheriff shall submit a request under Subsection
8989 (a)(2) on intake of the prisoner to enable the sheriff to provide
9090 the prisoner with the applicable document when the prisoner is
9191 discharged from the county jail.
9292 (c) This section does not apply to a prisoner who:
9393 (1) is not legally present in the United States; or
9494 (2) was not a resident of this state before the
9595 prisoner was placed in the custody of the sheriff.
9696 SECTION 4. Section 521.421(a-1), Transportation Code, is
9797 amended to read as follows:
9898 (a-1) The fee for a personal identification certificate
9999 issued under Section 501.0165, Government Code, Section 841.153,
100100 Health and Safety Code, [or] Section 245.0536, Human Resources
101101 Code, or Section 351.049, Local Government Code, or for a driver's
102102 license under Section 521.1421 of this code is $5.
103103 SECTION 5. Sections 351.049 and 351.050, Local Government
104104 Code, as added by this Act, apply only to the discharge of a
105105 prisoner that occurs on or after December 1, 2025. A discharge that
106106 occurs before that date is governed by the law in effect immediately
107107 before the effective date of this Act, and the former law is
108108 continued in effect for that purpose.
109109 SECTION 6. This Act takes effect immediately if it receives
110110 a vote of two-thirds of all the members elected to each house, as
111111 provided by Section 39, Article III, Texas Constitution. If this
112112 Act does not receive the vote necessary for immediate effect, this
113113 Act takes effect September 1, 2025.