BILL ANALYSIS


                                                     C.S.S.B. 279
                                                        By: Brown
                                                          Finance
                                                         03-20-95
                                   Committee Report (Substituted)
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

As proposed, C.S.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 grant any
additional rulemaking authority to a state officer, institution, or
agency.

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 in 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.  Sets forth
       certain programs the department is required to consider.
       
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.