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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 80(R)

House Bill 541

House Author:  Martinez Fischer et al.

Effective:  Vetoed

Senate Sponsor:  Hinojosa


            House Bill 541 amends the Government Code to authorize a county magistrate to release on bond, pending a revocation hearing, a person who is arrested for an administrative violation of parole or for certain new offenses, excluding a felony offense, family violence offense, certain offenses against a person, and certain intoxication or alcoholic beverage offenses; determined to be eligible for release on bond by the parole division of the Texas Department of Criminal Justice using criteria set out in the bill; and determined not to be a threat to public safety by the magistrate.

      Reason Given for Veto: "House Bill No. 541 would allow some parolees who have been arrested for violating the terms of their parole to be released on bond from jail. Currently a parole violator is not authorized to have bail set so that they may be released on bond. Although House Bill No. 541 applies only to administrative violations and certain misdemeanor offenses, these offenders should not be given freedom when their return to prison or other sanctions are imminent, particularly considering that the top 10 fugitives being sought by the Department of Public Safety are parole violators. I understand and am sympathetic to the concerns of counties that are experiencing capacity problems at their jails because of the number of parole violators they must house, but I believe this bill will have negative unintended consequences, and other alternatives should be considered to lessen the burden on county jails."