88R11544 MCF-D
 
  By: Eckhardt S.B. No. 1313
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the confinement in a county jail of certain defendants
  who are incompetent to stand trial and to the compensation to the
  county for the costs of that confinement.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 46B, Code of Criminal
  Procedure, is amended by adding Article 46B.014 to read as follows:
         Art. 46B.014.  TRANSFER TO COMMISSION; COMPENSATION TO
  COUNTIES. (a)  The commission shall take custody of a defendant
  awaiting transfer under an order issued under Article 46B.073 to a
  facility operated by or under contract with the commission, not
  later than the 45th day following the date the order is issued.
         (b)  If the commission does not take custody of a defendant
  within the period prescribed by Subsection (a), the commission
  shall compensate the county for the cost of confinement for each day
  that the defendant 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 commission to
  confine the defendant for that period.
         SECTION 2.  Article 46B.014, Code of Criminal Procedure, as
  added by this Act, applies only to compensation to a county for the
  cost of a defendant's confinement that occurs on or after January 1,
  2024, regardless of whether the order of commitment is issued
  before, on, or after that date.
         SECTION 3.  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.