Bill Text: TX HB1563 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to the confinement in a county jail of a person pending a transfer to the Texas Department of Criminal Justice and to the compensation for certain costs of confinement.
Spectrum: Slight Partisan Bill (Republican 5-3)
Status: (Engrossed - Dead) 2023-05-17 - Co-sponsor authorized [HB1563 Detail]
Download: Texas-2023-HB1563-Engrossed.html
| 88R19697 MCF-D | ||
| By: Harless, Spiller, Herrero, Swanson, | H.B. No. 1563 | |
| Anderson, et al. | ||
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| relating to the confinement in a county jail of a person pending a | ||
| transfer to the Texas Department of Criminal Justice and to the | ||
| compensation for certain costs of confinement. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 499.071, Government Code, is amended to | ||
| read as follows: | ||
| Sec. 499.071. SCHEDULED ADMISSIONS POLICY. The board shall | ||
| adopt and enforce a scheduled admissions policy that requires | ||
| [ |
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| persons [ |
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| Section 499.1215 [ |
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| SECTION 2. Subchapter F, Chapter 499, Government Code, is | ||
| amended by adding Section 499.1215 to read as follows: | ||
| Sec. 499.1215. TRANSFER TO DEPARTMENT; COMPENSATION TO | ||
| COUNTIES. (a) The department shall accept custody of a person | ||
| awaiting transfer to the department following conviction of a | ||
| felony, including a state jail felony, not later than the 45th day | ||
| following the date on which all documents required by Sections 8(a) | ||
| and (c), Article 42.09, Code of Criminal Procedure, have been | ||
| received by the department and certified as provided by Section | ||
| 8(b) of that article. | ||
| (b) Except as provided by Subsection (c), if the department | ||
| does not take custody of a person within the period prescribed by | ||
| Subsection (a), the department shall compensate the county for the | ||
| cost of confinement for each day that the person remains confined in | ||
| the county jail following the expiration of that period. The | ||
| compensation must be equal to the amount that would have been | ||
| incurred by the department to confine the person for that period. | ||
| (c) If a person remains confined in the county jail | ||
| following the expiration of the period prescribed by Subsection (a) | ||
| due to a delay caused by the county: | ||
| (1) the county is not entitled to compensation under | ||
| Subsection (b) for any day that the person remains confined due to | ||
| the delay caused by the county; and | ||
| (2) the county and the department shall arrange to | ||
| transfer the person to the department as soon as practicable after | ||
| the delay. | ||
| SECTION 3. Section 8(b), Article 42.09, Code of Criminal | ||
| Procedure, is amended to read as follows: | ||
| (b) The Texas Department of Criminal Justice shall not take | ||
| a defendant into custody under this article until the designated | ||
| officer receives the documents required by Subsections (a) and (c) | ||
| of this section and determines that the documents do not contain any | ||
| errors or deficiencies requiring corrective action by the county. | ||
| If the designated officer determines the documents do not require | ||
| any corrective action, the [ |
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| under the seal of the department the documents received under | ||
| Subsections (a) and (c) of this section. A document certified under | ||
| this subsection is self-authenticated for the purposes of Rules 901 | ||
| and 902, Texas Rules of Evidence. | ||
| SECTION 4. Section 499.121(c), Government Code, is | ||
| repealed. | ||
| SECTION 5. Not later than December 31, 2023, the Texas Board | ||
| of Criminal Justice shall adopt the scheduled admissions policy | ||
| required by Section 499.071, Government Code, as amended by this | ||
| Act. | ||
| SECTION 6. Section 499.1215, Government Code, as added by | ||
| this Act, applies only to compensation to a county for the cost of | ||
| confinement of a person that occurs on or after January 1, 2024, | ||
| regardless of whether the requirements under that section for | ||
| transfer of the person to the Texas Department of Criminal Justice | ||
| are completed before, on, or after that date. | ||
| SECTION 7. 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. | ||
