BILL ANALYSIS



S.B. 279
By: Brown (Junell)
04-11-95
Committee Report (Unamended)

BACKGROUND

The Texas Department of Criminal Justice has experienced both a
growth in inmate population and difficulty in housing inmates.  The
inmate population contains many individuals who are not citizens of
the United States.  The Immigration and Naturalization Service
estimates that Texas is currently housing 10,000 non-citizens in
its criminal justice system.  The expenses associated with
incarcerating these non-citizens are completely borne by Texas
taxpayers.

PURPOSE

S.B. 279 requires the Texas Department of Criminal Justice to
identify deportable aliens and notify the Immigration and
Naturalization Service.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 493, Government Code, by adding Section
493.015, as follows:

     Sec. 493.015.  IDENTIFICATION OF DEPORTABLE ALIENS.

     (a)  Defines "illegal criminal alien."

     (b)  Requires the Texas Department of Criminal Justice
     (department) to identify those inmates who are imprisoned in
     the institutional division or confined in a transfer facility,
     a substance abuse treatment facility, a state jail felony
     facility, or a county jail awaiting transfer to the
     institutional division and for whom the department is unable
     to reasonably ascertain whether or not the person is an
     illegal criminal alien (alien).

     (c)  Authorizes the department, while attempting to determine
     an inmate's citizenship, to take into account any previous
     statements made by the inmate or any information in the
     criminal history record information maintained on the inmate,
     including information developed in presentence investigation
     reports.

     (d)  Requires the department to promptly notify the United
     States Immigration and Naturalization Service (service) of any
     inmate determined by the department to be an alien and request
     assistance of the department, if necessary, in determining
     whether or not the person is an alien.

     (e)  Requires the department to promptly notify the criminal
     justice division of the governor's office of any inmate
     determined to be an alien, and the criminal justice division
     of the governor's office shall apply to the federal government
     for any funds due the state for criminal justice costs
     incurred with respect to an alien.

     (f)  Requires federal funds received for criminal justice
     costs incurred with respect to an alien to be deposited to the
     credit of the general revenue fund.

     (g)  Requires the department to cooperate with the service in
     implementing an efficient system for the deportation of aliens
     on completion of the inmates' sentences or release of the
     inmates on parole or mandatory supervision.  Requires the
     department to consider designating certain facilities or units
     as central locations to hold inmates who are aliens for the
     period immediately preceding release on parole or mandatory
     supervision; and consider providing two-way closed circuit
     communications systems and other technology that will assist
     the state and the federal government in ensuring the timely
     and efficient deportation of illegal criminal aliens.

SECTION 2. Amends Chapter 2, Code of Criminal Procedure, by adding
Article 2.25, as follows:

     Art. 2.25.  REPORTING CERTAIN ALIENS TO FEDERAL GOVERNMENT. 
     Requires a judge to report to the U.S. Immigration and
     Naturalization Service a person who has been convicted in the
     judge's court of a crime and is an alien as defined by Section
     493.015(a), Government Code.

SECTION 3. Emergency clause.
           Effective date: upon passage.


SUMMARY OF COMMITTEE ACTION

S.B. 279 was considered by the Committee on Corrections in a public
hearing on April 11, 1995.  The Chair recognized Representative
Junell to explain the bill.

The Chair recognized the following person to testify neutrally on
the bill:
     Bob Lauder, representing the Comptroller of Public Accounts.

The bill was reported favorably, without amendment, with the
recommendation that it do pass and be printed, by a record vote of
5 ayes, 0 nays, 0 pnv, and 4 absent.