By Culberson                                           H.B. No. 695
       74R1930 GWK-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the availability of release to mandatory supervision to
    1-3  an inmate confined in the institutional division of the Texas
    1-4  Department of Criminal Justice.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  The article heading of Article 42.18, Code of
    1-7  Criminal Procedure, is amended to read as follows:
    1-8        Art. 42.18.  ADULT PAROLE <AND MANDATORY SUPERVISION> LAW.
    1-9        SECTION 2.  Section 1, Article 42.18, Code of Criminal
   1-10  Procedure, is amended to read as follows:
   1-11        Sec. 1.  Intent.  It is the intent of this article to provide
   1-12  for the release of appropriate persons on parole and<,> to
   1-13  designate the Board of Pardons and Paroles as the exclusive
   1-14  authority to determine paroles<, and to aid all prisoners to
   1-15  readjust to society upon completion of their period of
   1-16  incarceration by providing a program of mandatory supervision for
   1-17  those prisoners not released on parole or through executive
   1-18  clemency>.  It is the final intent of this article to remove from
   1-19  existing statutes the limitations, other than questions of
   1-20  constitutionality, that have acted as barriers to an effective
   1-21  system <systems> of parole <and mandatory supervision> in the
   1-22  public interest.
   1-23        SECTION 3.  Section 2, Article 42.18, Code of Criminal
   1-24  Procedure, is amended to read as follows:
    2-1        Sec. 2.  Definitions.  In this article:
    2-2              (1)  "Parole" means the discretionary and conditional
    2-3  release of an eligible prisoner from the physical custody of the
    2-4  institutional division of the Texas Department of Criminal Justice
    2-5  if the prisoner contractually agrees to serve the remainder of his
    2-6  sentence under the supervision and control of the pardons and
    2-7  paroles division. Parole shall not be construed to mean a
    2-8  commutation of sentence or any other form of executive clemency.
    2-9              (2)  <"Mandatory supervision" means the release of an
   2-10  eligible prisoner from the physical custody of the institutional
   2-11  division but not on parole, to serve the remainder of his sentence
   2-12  under the supervision and control of the pardons and paroles
   2-13  division. Mandatory supervision may not be construed as a
   2-14  commutation of sentence or any other form of executive clemency.>
   2-15              <(3)>  "Parole officer" means a person duly appointed
   2-16  by the director and assigned the duties of assessment of risks and
   2-17  needs, investigation, case management, and supervision of paroled
   2-18  prisoners <and prisoners released to mandatory supervision> to see
   2-19  that parolees <and mandatory supervision releasees> are complying
   2-20  with the conditions of parole <or mandatory supervision, as
   2-21  applicable>.
   2-22              (3) <(4)>  "Board" means the Board of Pardons and
   2-23  Paroles.
   2-24              (4) <(5)>  "Director" means the director of the pardons
   2-25  and paroles division.
   2-26              (5) <(6)>  "Community supervision and corrections
   2-27  department" means a department established by a district judge or
    3-1  district judges under Article 42.131 of this code.
    3-2              (6) <(7)>  "Institutional division" means the
    3-3  institutional division of the Texas Department of Criminal Justice.
    3-4              (7) <(8)>  "Pardons and paroles division" means the
    3-5  pardons and paroles division of the Texas Department of Criminal
    3-6  Justice.
    3-7        SECTION 4.  Section 7, Article 42.18, Code of Criminal
    3-8  Procedure, is amended by amending Subsections (a), (b), (c), and
    3-9  (e) to read as follows:
   3-10        (a)  The members of the board shall:
   3-11              (1)  determine under Sections 8(a)-(f) of this article
   3-12  which prisoners are to be released on parole;
   3-13              (2)  determine under Sections 8(g) and (j) of this
   3-14  article conditions of parole <and mandatory supervision>;
   3-15              (3)  perform the constitutional duties imposed on the
   3-16  board by Article IV, Section 11, of the Texas Constitution;
   3-17              (4)  determine which prisoners may be released from
   3-18  supervision and reporting under Section 15 of this article; and
   3-19              (5)  determine under Section 14 of this article the
   3-20  revocation of parole <and mandatory supervision>.
   3-21        (b)  A parole panel, as provided in Subsection (e) of this
   3-22  section, may grant, deny, or revoke parole<, revoke mandatory
   3-23  supervision status,> and conduct parole revocation hearings <and
   3-24  mandatory supervision revocation hearings>.
   3-25        (c)  The board shall develop and implement a policy that
   3-26  clearly defines circumstances under which a board member should
   3-27  disqualify himself from voting on a parole decision or on a
    4-1  decision to revoke parole <or mandatory supervision>.
    4-2        (e)  Except as provided by Subsection (g) of this section, in
    4-3  matters of parole<, release to mandatory supervision,> and
    4-4  revocation of parole <or mandatory supervision>, the board members
    4-5  shall act in panels comprised of three persons in each panel.  The
    4-6  composition of the respective panels shall be designated by the
    4-7  chairman of the board.  A majority of each panel shall constitute a
    4-8  quorum for the transaction of its business, and its decisions shall
    4-9  be by majority vote.  The members of a panel are not required to
   4-10  meet as a body to perform the members' duties as prescribed by this
   4-11  article, except to conduct a hearing as provided by Section 14 of
   4-12  this article.
   4-13        SECTION 5.  Section 8, Article 42.18, Code of Criminal
   4-14  Procedure, is amended to read as follows:
   4-15        Sec. 8.  Eligibility for Release; Conditions on Release.  (a)
   4-16  A parole panel is authorized to release on parole any person
   4-17  confined in any penal or correctional institution who is eligible
   4-18  for parole under this section.  A parole panel may consider a
   4-19  person for release on parole if the person has been sentenced to a
   4-20  term of imprisonment in the institutional division, is confined in
   4-21  a jail in this state, a federal correctional institution, or a jail
   4-22  or a correctional institution in another state, and is eligible for
   4-23  parole.  A parole panel may release a person on parole during the
   4-24  parole month established for the person if the panel determines
   4-25  that the person's release will not increase the likelihood of harm
   4-26  to the public.  The institutional division shall provide the board
   4-27  with sentence time credit information on persons described in this
    5-1  subsection.  Good time credit shall be calculated for a person as
    5-2  if the person were confined in the institutional division during
    5-3  the entire time the person was actually confined.  The period of
    5-4  parole shall be equivalent to the maximum term for which the
    5-5  prisoner was sentenced less calendar time actually served on the
    5-6  sentence.  Every prisoner while on parole shall remain in the legal
    5-7  custody of the pardons and paroles division and shall be amenable
    5-8  to conditions of supervision ordered by a parole panel under this
    5-9  article.   All paroles shall issue upon order of a parole panel.
   5-10        (b)(1)  A prisoner under sentence of death is not eligible
   5-11  for parole.
   5-12              (2)  If a prisoner is serving a life sentence for a
   5-13  capital felony, the prisoner is not eligible for release on parole
   5-14  until the actual calendar time the prisoner has served, without
   5-15  consideration of good conduct time, equals 40 calendar years.
   5-16              (3)  If a prisoner, other than a prisoner described by
   5-17  Subdivision (4) of this subsection, is serving a sentence for the
   5-18  offenses listed in Subdivision (1)(A), (C), (D), (E), or (F) of
   5-19  Section 3g(a), Article 42.12 of this code, or if the judgment
   5-20  contains an affirmative finding under Subdivision (2) of Subsection
   5-21  (a) of Section 3g of that article, he is not eligible for release
   5-22  on parole until his actual calendar time served, without
   5-23  consideration of good conduct time, equals one-half of the maximum
   5-24  sentence or 30 calendar years, whichever is less, but in no event
   5-25  shall he be eligible for release on parole in less than two
   5-26  calendar years.
   5-27              (4)  If a prisoner is serving a sentence for which the
    6-1  punishment is increased under Section 481.134, Health and Safety
    6-2  Code, the prisoner is not eligible for release on parole until the
    6-3  prisoner's actual calendar time served, without consideration of
    6-4  good conduct time, equals five years or the maximum term to which
    6-5  the prisoner was sentenced, whichever is less.
    6-6              (5)  Except as provided by Subsection (m) of this
    6-7  section, all other prisoners shall be eligible for release on
    6-8  parole when their calendar time served plus good conduct time
    6-9  equals one-fourth of the maximum sentence imposed or 15 years,
   6-10  whichever is less.
   6-11        (c)(1)  <Except as otherwise provided by this subsection, a
   6-12  prisoner who is not on parole shall be released to mandatory
   6-13  supervision by order of a parole panel when the calendar time he
   6-14  has served plus any accrued good conduct time equal the maximum
   6-15  term to which he was sentenced.  A prisoner released to mandatory
   6-16  supervision shall, upon release, be deemed as if released on
   6-17  parole.  To the extent practicable, arrangements for the prisoner's
   6-18  proper employment, maintenance, and care shall be made prior to his
   6-19  release to mandatory supervision.  The period of mandatory
   6-20  supervision shall be for a period equivalent to the maximum term
   6-21  for which the prisoner was sentenced less calendar time actually
   6-22  served on the sentence.  The time served on mandatory supervision
   6-23  is calculated as calendar time.  Every prisoner while on mandatory
   6-24  supervision shall remain in the legal custody of the state and
   6-25  shall be amenable to conditions of supervision ordered by the
   6-26  parole panel.  A prisoner may not be released to mandatory
   6-27  supervision if the prisoner is serving a sentence for an offense
    7-1  and the judgment for the offense contains an affirmative finding
    7-2  under Subdivision (2), Subsection (a), Section 3g, Article 42.12,
    7-3  of this code or if the prisoner is serving a sentence for:>
    7-4              <(1)  a first degree felony under Section 19.02, Penal
    7-5  Code (Murder);>
    7-6              <(2)  a capital felony under Section 19.03, Penal Code
    7-7  (Capital Murder);>
    7-8              <(3)  a first degree felony or a second degree felony
    7-9  under Section 20.04, Penal Code (Aggravated Kidnapping);>
   7-10              <(4)  a second degree felony under Section 22.011,
   7-11  Penal Code (Sexual Assault);>
   7-12              <(5)  a second degree or first degree felony under
   7-13  Section 22.02, Penal Code (Aggravated Assault);>
   7-14              <(6)  a first degree felony under Section 22.021, Penal
   7-15  Code (Aggravated Sexual Assault);>
   7-16              <(7)  a first degree felony under Section 22.04, Penal
   7-17  Code (Injury to a Child or an Elderly Individual);>
   7-18              <(8)  a first degree felony under Section 28.02, Penal
   7-19  Code (Arson);>
   7-20              <(9)  a second degree felony under Section 29.02, Penal
   7-21  Code (Robbery);>
   7-22              <(10)  a first degree felony under Section 29.03, Penal
   7-23  Code (Aggravated Robbery);>
   7-24              <(11)  a first degree felony under Section 30.02, Penal
   7-25  Code (Burglary), if the offense is punished under Subsection (d)(2)
   7-26  or (d)(3) of that section; or>
   7-27              <(13)  a felony for which the punishment is increased
    8-1  under Section 481.134, Health and Safety Code (Drug-Free Zones).>
    8-2        <(d)(1)>  If a prisoner is sentenced to consecutive felony
    8-3  sentences under Article 42.08 of this code, a parole panel shall
    8-4  designate during each sentence the date, if any, on which the
    8-5  prisoner would have been eligible for release on parole if the
    8-6  prisoner had been sentenced to serve a single sentence.
    8-7              (2)  For the purposes of Article 42.08 of this code,
    8-8  the judgment and sentence of a prisoner sentenced for a felony,
    8-9  other than the last sentence in a series of consecutive sentences,
   8-10  cease to operate:
   8-11                    (A)  when the actual calendar time served by the
   8-12  prisoner equals the sentence imposed by the court; or
   8-13                    (B)  on the date a parole panel designates as the
   8-14  date on which the prisoner would have been eligible for release on
   8-15  parole if the prisoner had been sentenced to serve a single
   8-16  sentence.
   8-17              (3)  A parole panel may not treat consecutive sentences
   8-18  as a single sentence for purposes of parole and may not release on
   8-19  parole a prisoner sentenced to serve consecutive felony sentences
   8-20  earlier than the date on which the prisoner becomes eligible for
   8-21  release on parole from the last sentence imposed on the prisoner.
   8-22              (4)  Calendar time served and good conduct time accrued
   8-23  by a prisoner that are used by a parole panel in determining when a
   8-24  judgment and sentence cease to operate may not be used by the
   8-25  panel:
   8-26                    (A)  for the same purpose in determining that
   8-27  date in a subsequent sentence in the same series of consecutive
    9-1  sentences; or
    9-2                    (B)  for determining the date on which a prisoner
    9-3  becomes eligible for release on parole from the last sentence in a
    9-4  series of consecutive sentences.
    9-5        (d) <(e)>  Not later than the 120th day after the date on
    9-6  which a prisoner is admitted to the institutional division, the
    9-7  Texas Department of Criminal Justice shall secure all pertinent
    9-8  information relating to the prisoner, including but not limited to
    9-9  the court judgment, any sentencing report, the circumstances of the
   9-10  prisoner's offense, the prisoner's previous social history and
   9-11  criminal record, the prisoner's physical and mental health record,
   9-12  a record of the prisoner's conduct, employment history, and
   9-13  attitude in prison, and any written comments or information
   9-14  provided by local trial officials or victims of the offense.  The
   9-15  Texas Department of Criminal Justice shall establish a proposed
   9-16  program of measurable institutional progress that must be submitted
   9-17  to the board at the time of the board's consideration of the
   9-18  inmate's case for release.  The board shall conduct an initial
   9-19  review of an eligible inmate not later than the 180th day after the
   9-20  date of the inmate's admission to the institutional division.
   9-21  Before the inmate is approved for release to parole by the board,
   9-22  the inmate must agree to participate in the programs and activities
   9-23  described by the proposed program of measurable institutional
   9-24  progress.  The institutional division shall work closely with the
   9-25  board to monitor the progress of the inmate in the institutional
   9-26  division and shall report the progress to the board before the
   9-27  inmate's release.
   10-1        (e)(1) <(f)(1)>  In this subsection:  (A) "close relative of
   10-2  a deceased victim" means a person who was the spouse of a deceased
   10-3  victim at the time of the victim's death, a parent of the deceased
   10-4  victim, or an adult brother, sister, or child of the deceased
   10-5  victim; (B) "guardian of a victim" means a person who is the legal
   10-6  guardian of a victim, whether or not the legal relationship between
   10-7  the guardian and victim exists because of the age of the victim or
   10-8  the physical or mental incompetency of the victim; and (C) "victim"
   10-9  means a person who is a victim of sexual assault, kidnapping,
  10-10  aggravated robbery, or felony harassment or who has suffered bodily
  10-11  injury or death as the result of the criminal conduct of another.
  10-12              (2)  Before a parole panel considers for parole a
  10-13  prisoner who is serving a sentence for an offense in which a person
  10-14  was a victim, the pardons and paroles division, using the name and
  10-15  address provided on the victim impact statement, shall make a
  10-16  reasonable effort to notify a victim of the prisoner's crime or if
  10-17  the victim has a legal guardian or is deceased, to notify the legal
  10-18  guardian or close relative of the deceased victim.  If the notice
  10-19  is sent to a guardian or close relative of a deceased victim, the
  10-20  notice must contain a request by the pardons and paroles division
  10-21  that the guardian or relative inform other persons having an
  10-22  interest in the matter that the prisoner is being considered for
  10-23  parole.  If a hearing is held, the parole panel shall allow a
  10-24  victim, guardian of a victim, close relative of a deceased victim,
  10-25  or a representative of a victim or his guardian or close relative
  10-26  to provide a written statement.  This subsection may not be
  10-27  construed to limit the number of persons who may provide statements
   11-1  for or against the release of the prisoner on parole.  The parole
   11-2  panel shall consider the statements and the information provided in
   11-3  a victim impact statement in determining whether or not to
   11-4  recommend parole.  However, the failure of the pardons and paroles
   11-5  division to comply with notice requirements of this subsection is
   11-6  not a ground for revocation of parole.
   11-7              (3)  If a victim, guardian of a victim, or close
   11-8  relative of a deceased victim would be entitled to notification of
   11-9  parole consideration by the pardons and paroles division but for
  11-10  failure by that person to provide a victim impact statement
  11-11  containing the person's name and address, the person is nonetheless
  11-12  entitled to receive notice if the person files with the pardons and
  11-13  paroles division a written request for that notification.  After
  11-14  receiving such a written request, the pardons and paroles division
  11-15  shall grant to the person all the privileges to which the person
  11-16  would be entitled had the person submitted a victim impact
  11-17  statement.  Before a prisoner is released from the institutional
  11-18  division on parole <or on the release of a prisoner on mandatory
  11-19  supervision>, the pardons and paroles division shall give notice of
  11-20  the release to any person entitled to notification of parole
  11-21  consideration for the prisoner because the person filed with the
  11-22  pardons and paroles division a victim impact statement or a request
  11-23  for notification of a parole consideration.
  11-24              (4)  Except as necessary to comply with this section,
  11-25  the board or the Texas Department of Criminal Justice may not
  11-26  disclose to any person the name or address of a victim or other
  11-27  person entitled to notice under this section unless the victim or
   12-1  that person approves the disclosure or the board or the department
   12-2  is ordered to disclose the information by a court of competent
   12-3  jurisdiction after the court determines that there is good cause
   12-4  for disclosure.
   12-5              (5)  Before ordering the parole of any prisoner, a
   12-6  parole panel may have the prisoner appear before it and interview
   12-7  him.  A parole shall be ordered only for the best interest of
   12-8  society, not as an award of clemency; it shall not be considered to
   12-9  be a reduction of sentence or pardon.  The board shall develop and
  12-10  implement parole guidelines that shall be the basic criteria on
  12-11  which parole decisions are made.  The parole guidelines shall be
  12-12  developed according to an acceptable research method and shall be
  12-13  based on the seriousness of the offense and the likelihood of
  12-14  favorable parole outcome.   The board shall review the parole
  12-15  guidelines periodically and make reports on those reviews to the
  12-16  Legislative Criminal Justice Board. If a member of the board
  12-17  deviates from the parole guidelines in casting a vote on a parole
  12-18  decision, the member shall produce a brief written statement
  12-19  describing the circumstances regarding the departure from the
  12-20  guidelines and place a copy of the statement in the file of the
  12-21  inmate for whom the parole decision was made.  The board shall keep
  12-22  a copy of each statement in a central location.  A prisoner shall
  12-23  be placed on parole only when arrangements have been made for his
  12-24  employment or for his maintenance and care and when the parole
  12-25  panel believes that he is able and willing to fulfill the
  12-26  obligations of a law-abiding citizen.  Every prisoner while on
  12-27  parole shall remain in the legal custody of the pardons and paroles
   13-1  division and shall be amenable to the conditions of supervision
   13-2  ordered under this article.
   13-3        (f) <(g)>  The board may adopt such other reasonable rules
   13-4  not inconsistent with law as it may deem proper or necessary with
   13-5  respect to the eligibility of prisoners for parole <and mandatory
   13-6  supervision>, the conduct of parole <and mandatory supervision>
   13-7  hearings, or conditions to be imposed upon parolees <and persons
   13-8  released to mandatory supervision>.  Each person to be released on
   13-9  parole shall be furnished a contract setting forth in clear and
  13-10  intelligible language the conditions and rules of parole.  The
  13-11  parole panel may include as a condition of parole <or mandatory
  13-12  supervision> any condition that a court may impose on a defendant
  13-13  placed on community supervision under Article 42.12 of this code,
  13-14  including the condition that the person released submit to testing
  13-15  for controlled substances or submit to electronic monitoring if the
  13-16  parole panel determines that absent testing for controlled
  13-17  substances or participation in an electronic monitoring program the
  13-18  person would not be released on parole.   Acceptance, signing, and
  13-19  execution of the contract by the inmate to be paroled shall be a
  13-20  precondition to release on parole.  <Persons released on mandatory
  13-21  supervision shall be furnished a written statement setting forth in
  13-22  clear and intelligible language the conditions and rules of
  13-23  mandatory supervision.>  The parole panel may also require as a
  13-24  condition of parole <or release to mandatory supervision> that the
  13-25  person make payments in satisfaction of damages the person is
  13-26  liable for under Section 500.002, Government Code.  The parole
  13-27  panel shall require as a condition of parole <or mandatory
   14-1  supervision> that the person register under Article 6252-13c.1,
   14-2  Revised Statutes.  The parole panel may require as a condition of
   14-3  parole <or release to mandatory supervision> that the person attend
   14-4  counseling sessions for substance abusers or participate in
   14-5  substance abuse treatment services in a program or facility
   14-6  approved or licensed by the Texas Commission on Alcohol and Drug
   14-7  Abuse if the person was sentenced for an offense involving
   14-8  controlled substances or the panel determines that the defendant's
   14-9  substance abuse was connected to the commission of the offense.
  14-10  The parole panel shall require as a condition of parole <or
  14-11  mandatory supervision> that an inmate who immediately before
  14-12  release is a participant in the program established under Section
  14-13  501.0931, Government Code, participate in a drug or alcohol abuse
  14-14  continuum of care treatment program.
  14-15        (g) <(g-1)>  The Texas Commission on Alcohol and Drug Abuse
  14-16  shall develop the continuum of care treatment program.
  14-17        (h)  It shall be the duty of the pardons and paroles division
  14-18  at least 10 days before the board orders the parole of any prisoner
  14-19  or at least 10 days after recommending the granting of executive
  14-20  clemency by the governor to notify the sheriff, the prosecuting
  14-21  attorney, and the district judge in the county where such person
  14-22  was convicted and the county to which the prisoner is released that
  14-23  such parole or clemency is being considered by the board or by the
  14-24  governor.  For any case in which there was a change of venue, the
  14-25  pardons and paroles division shall notify those same officials in
  14-26  the county in which the prosecution was originated if, no later
  14-27  than 30 days after the date on which the defendant was sentenced,
   15-1  those officials request in writing that the pardons and paroles
   15-2  division give them notice under this section of any future release
   15-3  of the prisoner.   Additionally, no later than the 10th day after
   15-4  the parole panel orders the transfer of a prisoner to a halfway
   15-5  house under this article, the pardons and paroles division shall
   15-6  notify the sheriff of the county in which the prisoner was
   15-7  convicted and shall notify the sheriff of the county in which the
   15-8  halfway house is located and the attorney who represents the state
   15-9  in the prosecution of felonies in that county.  The notice must
  15-10  state the prisoner's name, the county in which the prisoner was
  15-11  convicted, and the offense for which the prisoner was convicted.
  15-12        (i)  As an element of the pardons and paroles division's
  15-13  halfway house program, the pardons and paroles division, in
  15-14  conjunction with the institutional division, shall utilize halfway
  15-15  houses for the purpose of diverting from housing in regular units
  15-16  of the institutional division suitable low-risk prisoners and other
  15-17  prisoners who would benefit from a smoother transition from
  15-18  incarceration to supervised release.  To accomplish this purpose, a
  15-19  parole panel, after reviewing all available pertinent information,
  15-20  may designate a presumptive parole date for any inmate who (i) is
  15-21  not serving a sentence for an offense listed in Subdivision (1) of
  15-22  Subsection (a) of Section 3g of Article 42.12 of this code and
  15-23  whose judgment does not contain an affirmative finding under
  15-24  Subdivision (2) of Subsection (a) of Section 3g of that article;
  15-25  and (ii) has never been convicted of an offense listed in
  15-26  Subdivision (1) of Subsection (a) of Section 3g of that article and
  15-27  has never had a conviction, the judgment for which contains an
   16-1  affirmative finding under Subdivision (2) of Subsection (a) of
   16-2  Section 3g of that article.  The presumptive parole date may not be
   16-3  a date which is earlier than the prisoner's initial parole
   16-4  eligibility date, as calculated or projected pursuant to Subsection
   16-5  (b) of this section.  Before transferring a prisoner to a halfway
   16-6  house, the pardons and paroles division shall send to the director
   16-7  of the halfway house all information relating to the prisoner that
   16-8  the pardons and paroles division feels will aid the halfway house
   16-9  in helping the prisoner make a transition from prison to supervised
  16-10  release.  If a prisoner for whom a presumptive parole date has been
  16-11  established is transferred into a preparole residence in a halfway
  16-12  house pursuant to the terms of Subchapter A, Chapter 498,
  16-13  Government Code, the pardons and paroles division is responsible
  16-14  for his supervision.  A parole panel may rescind or postpone a
  16-15  previously established presumptive parole date on the basis of
  16-16  reports from agents of the pardons and paroles division responsible
  16-17  for supervision or agents of the institutional division acting in
  16-18  the case.  If a preparolee transferred to preparole status has
  16-19  satisfactorily served his sentence in the halfway house to which he
  16-20  is assigned from the date of transfer to the presumptive parole
  16-21  date, without rescission or postponement of the date, the parole
  16-22  panel shall order his release to parole and issue an appropriate
  16-23  certificate of release.  The person is subject to the provisions of
  16-24  this article governing release on parole.
  16-25        (j)  In addition to other conditions of parole <and release
  16-26  on mandatory supervision> imposed under this section, a parole
  16-27  panel shall require a prisoner released on parole <or mandatory
   17-1  supervision> to pay a parole supervision fee of $10 to the pardons
   17-2  and paroles division for each month during which the prisoner is
   17-3  under parole supervision.  The fee applies to a prisoner released
   17-4  in another state who is required as a term of his release to report
   17-5  to a parole officer or supervisor in this state for parole
   17-6  supervision.  On the request of the prisoner, a parole panel may
   17-7  allow the prisoner to defer payments under this subsection.  The
   17-8  prisoner remains responsible for payment of the fee and must make
   17-9  the deferred payment not later than two years after the date on
  17-10  which the payment becomes due.  The board of the Texas Department
  17-11  of Criminal Justice shall establish rules relating to the method of
  17-12  payment required of the person on parole <or mandatory
  17-13  supervision>.  Fees collected under this subsection by the pardons
  17-14  and paroles division shall be remitted to the comptroller of public
  17-15  accounts, who shall deposit the fees in the general revenue fund of
  17-16  the state treasury.  In a parole <or mandatory supervision>
  17-17  revocation hearing under Section 14 of this article at which it is
  17-18  alleged only that the person failed to make a payment under this
  17-19  subsection, the inability of the person to pay as ordered by a
  17-20  parole panel is an affirmative defense to revocation, which the
  17-21  person must prove by a preponderance of the evidence.
  17-22        (k)  In addition to other conditions imposed by a parole
  17-23  panel under this article, the parole panel shall require as a
  17-24  condition of parole <or release to mandatory supervision> that the
  17-25  prisoner demonstrate to the parole panel whether the prisoner has
  17-26  an educational skill level that is equal to or greater than the
  17-27  average skill level of students who have completed the sixth grade
   18-1  in public schools in this state.  If the parole panel determines
   18-2  that the person has not attained that skill level, the parole panel
   18-3  shall require as a condition of parole <or release to mandatory
   18-4  supervision> that the prisoner attain that level of educational
   18-5  skill, unless the parole panel determines that the person lacks the
   18-6  intellectual capacity or the learning ability to ever achieve that
   18-7  level of skill.
   18-8        (l)  In addition to other conditions imposed by a parole
   18-9  panel under this article, the parole panel shall require as a
  18-10  condition of parole <or release to mandatory supervision>, on
  18-11  evidence of the presence of a controlled substance in the
  18-12  defendant's body, or on any evidence the defendant has used a
  18-13  controlled substance, or on evidence that controlled substance use
  18-14  is related to the offense for which the defendant was convicted,
  18-15  that the defendant submit to testing for controlled substances.
  18-16        The Texas Board of Criminal Justice by rule shall adopt
  18-17  procedures for the administration of tests required by this
  18-18  subsection.
  18-19        (m)  A prisoner serving a sentence for which parole
  18-20  eligibility is otherwise determined under Subsection (b)(4) of this
  18-21  section may become eligible for special needs parole at a date
  18-22  earlier than the date calculated under Subsection (b)(4) of this
  18-23  section, as designated by a parole panel under this subsection, if:
  18-24              (1)  the prisoner has been identified by the
  18-25  institutional division as being elderly, physically handicapped,
  18-26  mentally ill, terminally ill, or mentally retarded;
  18-27              (2)  the prisoner is determined by the parole panel,
   19-1  because of the prisoner's condition and on the basis of a medical
   19-2  evaluation, to no longer constitute a threat to public safety and
   19-3  no longer constitute a threat to commit further offenses; and
   19-4              (3)  the pardons and paroles division has prepared for
   19-5  the prisoner a special needs parole plan that ensures appropriate
   19-6  supervision, service provision, and placement.
   19-7        (n)  A prisoner diagnosed as mentally ill or mentally
   19-8  retarded may be released under Subsection (m) of this section only
   19-9  if the pardons and paroles division has prepared for the prisoner a
  19-10  special needs parole plan that ensures appropriate supervision,
  19-11  service provision, and placement as approved by the Texas Council
  19-12  on Offenders with Mental Impairments.
  19-13        (o)(1)  In addition to other conditions imposed by a parole
  19-14  panel under this article, the parole panel may require as a
  19-15  condition of parole <or release to mandatory supervision> that an
  19-16  inmate serving a sentence for an offense under Section 42.07(a)(7),
  19-17  Penal Code, may not:
  19-18                    (A)  communicate directly or indirectly with the
  19-19  victim; or
  19-20                    (B)  go to or near the residence, place of
  19-21  employment, or business of the victim or to or near a school,
  19-22  day-care facility, or similar facility where a dependent child of
  19-23  the victim is in attendance.
  19-24              (2)  If a parole panel requires the prohibition
  19-25  contained in Subdivision (1)(B) of this subsection as a condition
  19-26  of parole <or release to mandatory supervision>, the parole panel
  19-27  shall specifically describe the prohibited locations and the
   20-1  minimum distances, if any, that the inmate must maintain from the
   20-2  locations.
   20-3        (p) <(o)>  In addition to other conditions of parole <and
   20-4  release on mandatory supervision> imposed under this section, a
   20-5  parole panel shall require a prisoner released on parole <or
   20-6  mandatory supervision> to pay an administrative fee of $8 to the
   20-7  pardons and paroles division for each month during which the
   20-8  prisoner is under parole supervision.  The fee applies to a
   20-9  prisoner released in another state who is required as a term of his
  20-10  release to report to a parole officer or supervisor in this state
  20-11  for parole supervision.  On the request of the prisoner, a parole
  20-12  panel may allow the prisoner to defer payments under this
  20-13  subsection.  The prisoner remains responsible for payment of the
  20-14  fee and must make the deferred payment not later than two years
  20-15  after the date on which the payment becomes due.  The board of the
  20-16  Texas Department of Criminal Justice shall establish rules relating
  20-17  to the method of payment required of the person on parole <or
  20-18  mandatory supervision>.  Fees collected under this subsection by
  20-19  the pardons and paroles division shall be remitted to the
  20-20  comptroller of public accounts, who shall deposit the fees in the
  20-21  compensation to victims of crime fund of the state treasury.  In a
  20-22  parole <or mandatory supervision> revocation hearing under Section
  20-23  14 of this article at which it is alleged only that the person
  20-24  failed to make a payment under this subsection, the inability of
  20-25  the person to pay as ordered by a parole panel is an affirmative
  20-26  defense to revocation, which the person must prove by a
  20-27  preponderance of the evidence.
   21-1        (q) <(o)>  In addition to other conditions imposed by a
   21-2  parole panel under this article, the parole panel shall require as
   21-3  a condition of parole <or release to mandatory supervision> that a
   21-4  prisoner for whom the court has made an affirmative finding under
   21-5  Article 42.014 of this code perform not less than 300 hours of
   21-6  community service at a project designated by the parole panel that
   21-7  primarily serves the person or group who was the target of the
   21-8  defendant.
   21-9        (r) <(o)>  The pardons and paroles division shall develop and
  21-10  implement a comprehensive program to inform inmates, their
  21-11  families, and other interested parties about the parole process.
  21-12  The division shall update the program annually.
  21-13        (s) <(p)>  In addition to other conditions and fees imposed
  21-14  by a parole panel under this article, the parole panel shall
  21-15  require as a condition of parole <or release to mandatory
  21-16  supervision> that a prisoner convicted of an offense under Section
  21-17  21.08, 21.11, 22.011, 22.021, 25.02, <25.06,> 43.25, or 43.26,
  21-18  Penal Code, pay to the pardons and paroles division a parole
  21-19  supervision fee of $5 each month during the period of parole
  21-20  supervision.
  21-21        (t) <(q)>  The pardons and paroles division shall remit fees
  21-22  collected under Subsection (s) <(p)> of this section to the
  21-23  comptroller.  The comptroller shall deposit the fees in the general
  21-24  revenue fund to the credit of the sexual assault program fund
  21-25  established by Section 44.0061, Health and Safety Code.
  21-26        SECTION 6.  Section 8A, Article 42.18, Code of Criminal
  21-27  Procedure, is amended to read as follows:
   22-1        Sec. 8A.  Residence during parole <or release to mandatory
   22-2  supervision>.  (a)  In addition to other conditions imposed by a
   22-3  parole panel under this article, the panel shall require as a
   22-4  condition of parole <or release to mandatory supervision> that the
   22-5  defendant reside during the period of parole <or mandatory
   22-6  supervision> in the county in which:
   22-7              (1)  the defendant resided at the time of committing
   22-8  the offense for which the defendant was sentenced to the
   22-9  institutional division; or
  22-10              (2)  the defendant committed the offense for which the
  22-11  defendant was sentenced to the institutional division, but only if
  22-12  the defendant was not a resident of this state at the time of
  22-13  committing the offense.
  22-14        (b)  A parole panel may require a defendant to reside in a
  22-15  county other than the county required by Subsection (a) of this
  22-16  section to:
  22-17              (1)  protect the life or safety of a victim of the
  22-18  defendant's offense, the defendant, a witness in the case, or any
  22-19  other person; or
  22-20              (2)  increase the likelihood of the defendant's
  22-21  successful completion of parole <or mandatory supervision>, because
  22-22  of:
  22-23                    (A)  written expressions of significant public
  22-24  concern in the county in which the defendant would otherwise be
  22-25  required to reside;
  22-26                    (B)  the presence of family members or friends in
  22-27  the other county who have expressed a willingness to assist the
   23-1  defendant in successfully completing the terms and conditions of
   23-2  the defendant's release on parole <or mandatory supervision>;
   23-3                    (C)  the verified existence of a job offer in the
   23-4  other county; or
   23-5                    (D)  the availability of treatment programs,
   23-6  educational programs, or other social service programs in the other
   23-7  county that are not available in the county in which the defendant
   23-8  would otherwise be required to reside.
   23-9        (c)  At any time after a defendant is released on parole <or
  23-10  mandatory supervision>, a parole panel may modify the conditions of
  23-11  parole <or release on mandatory supervision> to require the
  23-12  defendant to reside in a county other than the county required by
  23-13  the original conditions.  In making a decision under this
  23-14  subsection, a parole panel must consider the factors listed in
  23-15  Subsection (b) of this section.
  23-16        (d)  If a parole panel initially requires the defendant to
  23-17  reside in a county other than the county required by Subsection (a)
  23-18  of this section, the parole panel shall subsequently require the
  23-19  person to reside in the county described by Subsection (a) of this
  23-20  section if the requirement that the defendant reside in the other
  23-21  county was based on:
  23-22              (1)  the verified existence of a job offer under
  23-23  Subsection (b)(2)(C) of this section and the defendant is no longer
  23-24  employed in or actively seeking employment; or
  23-25              (2)  the availability of treatment programs,
  23-26  educational programs, or other social service programs under
  23-27  Subsection (b)(2)(D) of this section and the defendant:
   24-1                    (A)  no longer regularly participates in the
   24-2  program as required by a term or condition of parole <or release to
   24-3  mandatory supervision>; or
   24-4                    (B)  has successfully completed the program but
   24-5  has violated another term or condition of the defendant's release
   24-6  on parole <or mandatory supervision>.
   24-7        (e)  If a parole panel requires the defendant to reside in a
   24-8  county other than the county required by Subsection (a) of this
   24-9  section, the panel shall state the reason for its decision in
  24-10  writing, and place the statement in the defendant's permanent
  24-11  record.
  24-12        (f)  This section does not apply to a decision by a parole
  24-13  panel to require a defendant to serve the period of parole <or
  24-14  mandatory supervision> in another state.
  24-15        SECTION 7.  Section 13, Article 42.18, Code of Criminal
  24-16  Procedure, is amended to read as follows:
  24-17        Sec. 13.  Warrants.  (a)  A warrant for the return of a
  24-18  paroled prisoner, <a prisoner released to mandatory supervision,> a
  24-19  prisoner released although not eligible for release, a resident
  24-20  released to a preparole or work program, a prisoner released on
  24-21  emergency reprieve or on furlough, or a person released on a
  24-22  conditional pardon to the institution from which the person was
  24-23  paroled, released, or pardoned may be issued by the director or a
  24-24  designated agent of the director in case <cases> of parole <or
  24-25  mandatory supervision>, or by the board on order by the governor in
  24-26  other cases, if there is reason to believe that the person has been
  24-27  released although not eligible for release, if the person has been
   25-1  arrested for an offense, if there is a verified complaint stating
   25-2  that the person violated a rule or condition of release, or if
   25-3  there is reliable evidence that the person has exhibited behavior
   25-4  during the person's release that indicates to a reasonable person
   25-5  that the person poses a danger to society that warrants the
   25-6  person's immediate return to custody.  The person may be held in
   25-7  custody pending a determination of all facts surrounding the
   25-8  alleged offense, violation of a rule or condition of release, or
   25-9  dangerous behavior.  A designated agent of the director acts
  25-10  independently from a parole officer and must receive specialized
  25-11  training as determined by the director. Such warrant shall
  25-12  authorize all officers named therein to take actual custody of the
  25-13  prisoner and detain and house the prisoner until a parole panel
  25-14  orders the return of the prisoner to the institution from which he
  25-15  was released.  Pending hearing, as hereinafter provided, upon any
  25-16  charge of parole violation, ineligible release, or violation of the
  25-17  conditions of mandatory supervision, a prisoner returned to custody
  25-18  shall remain incarcerated.  If the director, a board member, or a
  25-19  designated agent of the director or the board is otherwise
  25-20  authorized to issue a warrant under this subsection, the pardons
  25-21  and paroles division may instead issue to a prisoner a summons
  25-22  requiring the prisoner to appear for a hearing under Section 14 of
  25-23  this article.  The summons must state the time, place, date, and
  25-24  purpose of the hearing.
  25-25        (b)  A prisoner for whose return a warrant has been issued
  25-26  shall, after the issuance of such warrant, be deemed a fugitive
  25-27  from justice and if it shall appear that he has violated the
   26-1  conditions or provisions of his <mandatory supervision or> parole,
   26-2  the time from the issuing of such warrant to the date of his arrest
   26-3  shall not be counted as any part of the time to be served under his
   26-4  sentence.  The law now in effect concerning the right of the State
   26-5  of Texas to extradite persons and return fugitives from justice and
   26-6  Article 42.11 of this code concerning the waiver of all legal
   26-7  requirements to obtain extradition of fugitives from justice from
   26-8  other states to this state shall not be impaired by this article
   26-9  and shall remain in full force and effect.
  26-10        SECTION 8.  Section 14(a), Article 42.18, Code of Criminal
  26-11  Procedure, is amended to read as follows:
  26-12        (a)  Whenever a prisoner or a person granted a conditional
  26-13  pardon is accused of a violation of his parole<, mandatory
  26-14  supervision,> or conditional pardon, on information and complaint
  26-15  by a law enforcement officer or parole officer, or is arrested
  26-16  after an ineligible release, he shall be entitled to be heard on
  26-17  such charges before a parole panel or a designee of the board under
  26-18  such rules as the board may adopt; provided, however, said hearing
  26-19  shall be held within 70 days of the date of arrest under a warrant
  26-20  issued by the director or a designated agent of the director or by
  26-21  the board on order by the governor and at a time and place set by
  26-22  that parole panel or designee.  The panel or designee may hold the
  26-23  hearing at a date later than the date otherwise required by this
  26-24  section if it determines a delay is necessary to assure due process
  26-25  for the person, except that the authority issuing the warrant shall
  26-26  immediately withdraw the warrant if the hearing is not held before
  26-27  the 121st day after the date of arrest, regardless of whether the
   27-1  person agrees to delay the hearing until after that date.  If a
   27-2  parole panel or designee determines that a parolee<, mandatory
   27-3  supervisee,> or person granted a conditional pardon has been
   27-4  convicted in a court of competent jurisdiction of a felony offense
   27-5  committed while an administrative releasee and has been sentenced
   27-6  by the court to a term of incarceration in a penal institution, the
   27-7  determination is to be considered a sufficient hearing to revoke
   27-8  the parole <or mandatory supervision> or recommend to the governor
   27-9  revocation of a conditional pardon without further hearing, except
  27-10  that the parole panel or designee shall conduct a hearing to
  27-11  consider mitigating circumstances if requested by the parolee<,
  27-12  mandatory supervisee,> or person granted a conditional pardon.
  27-13  When the parole panel or designee has heard the facts, the board
  27-14  may recommend to the governor that the conditional pardon be
  27-15  continued, revoked, or modified, or it may continue, revoke, or
  27-16  modify the parole <or mandatory supervision>, in any manner
  27-17  warranted by the evidence.  The parole panel or designee must make
  27-18  its recommendation or decision no later than the 30th day after the
  27-19  date the hearing is concluded.  When a person's parole<, mandatory
  27-20  supervision,> or conditional pardon is revoked, that person may be
  27-21  required to serve the portion remaining of the sentence on which he
  27-22  was released, such portion remaining to be calculated without
  27-23  credit for the time from the date of his release to the date of
  27-24  revocation.  When a warrant is issued charging a violation of
  27-25  release conditions, the sentence time credit may be suspended until
  27-26  a determination is made in such case and such suspended time credit
  27-27  may be reinstated should such parole<, mandatory supervision,> or
   28-1  conditional pardon be continued.
   28-2        SECTION 9.  Section 15(b), Article 42.18, Code of Criminal
   28-3  Procedure, is amended to read as follows:
   28-4        (b)  The pardons and paroles division may allow a person
   28-5  released on parole <or mandatory supervision> to serve the
   28-6  remainder of the person's sentence without supervision and without
   28-7  being required to report if:
   28-8              (1)  the person has been under the supervision for not
   28-9  less than one-half of the time that remained on the person's
  28-10  sentence when the person was released from imprisonment and during
  28-11  the period of supervision the person's parole <or release on
  28-12  mandatory supervision> has not been revoked; and
  28-13              (2)  the pardons and paroles division determines that:
  28-14                    (A)  the person has made a good faith effort to
  28-15  comply with any restitution order imposed on the person by a court
  28-16  of competent jurisdiction; and
  28-17                    (B)  allowing the person to serve the remainder
  28-18  of the person's sentence without supervision and reporting is in
  28-19  the best interest of society.
  28-20        SECTION 10.  Section 17(a), Article 42.18, Code of Criminal
  28-21  Procedure, is amended to read as follows:
  28-22        (a)  The pardons and paroles division shall have general
  28-23  responsibility for the investigation and supervision of all
  28-24  prisoners released on parole <and to mandatory supervision>.
  28-25        SECTION 11.  Section 18, Article 42.18, Code of Criminal
  28-26  Procedure, is amended to read as follows:
  28-27        Sec. 18.  Confidential Information.  All information obtained
   29-1  and maintained in connection with inmates of the institutional
   29-2  division subject to parole<, release to mandatory supervision,> or
   29-3  executive clemency, or individuals who may be on <mandatory
   29-4  supervision or> parole and under the supervision of the pardons and
   29-5  paroles division, or persons directly identified in any proposed
   29-6  plan of release for a prisoner, including victim impact statements,
   29-7  lists of inmates eligible for parole, and inmates' arrest records,
   29-8  shall be confidential and privileged information and shall not be
   29-9  subject to public inspection; provided, however, that all such
  29-10  information shall be available to the governor, the members of the
  29-11  board, and the Criminal Justice Policy Council to perform its
  29-12  duties under Section 413.021, Government Code, upon request.  It is
  29-13  further provided that statistical and general information
  29-14  respecting the parole <and mandatory supervision> program and
  29-15  system, including the names of paroled prisoners<, prisoners
  29-16  released to mandatory supervision,> and data recorded in connection
  29-17  with parole <and mandatory supervision> services, shall be subject
  29-18  to public inspection at any reasonable time.
  29-19        SECTION 12.  Section 19, Article 42.18, Code of Criminal
  29-20  Procedure, is amended by amending Subsections (a) and (c) to read
  29-21  as follows:
  29-22        (a)  It is expressly provided that no person may be employed
  29-23  as a parole officer or supervisor or be responsible for the
  29-24  investigation or supervision of persons on parole <or mandatory
  29-25  supervision>, unless he meets the following qualifications together
  29-26  with any other qualifications that may be specified by the
  29-27  director:  four years of successfully completed education in an
   30-1  accredited college or university and two years of full-time paid
   30-2  employment in responsible correctional work with adults or
   30-3  juveniles or in a related field.  Additional experience in the
   30-4  above categories may be substituted year for year for the required
   30-5  college education, with a maximum substitution for two years.  This
   30-6  subsection applies only to persons employed as parole officers or
   30-7  supervisors before or on September 1, 1990.
   30-8        (c)  No person who is serving as a sheriff, deputy sheriff,
   30-9  constable, deputy constable, city policeman, Texas Ranger, state
  30-10  highway patrolman, or similar law enforcement officer or as a
  30-11  prosecuting attorney shall act as a parole officer or be
  30-12  responsible for the supervision of persons on parole <or released
  30-13  to mandatory supervision>.
  30-14        SECTION 13.  Section 21, Article 42.18, Code of Criminal
  30-15  Procedure, is amended to read as follows:
  30-16        Sec. 21.  Literacy.  The Texas Board of Criminal Justice and
  30-17  the Central Education Agency shall adopt a memorandum of
  30-18  understanding that establishes the respective responsibilities of
  30-19  the board and the agency in implementing a continuing education
  30-20  program to increase the literacy of inmates released from the
  30-21  institutional division on parole <and mandatory supervision>.  The
  30-22  Texas Board of Criminal Justice and the agency shall coordinate the
  30-23  development of the memorandum of understanding and each by rule
  30-24  shall adopt the memorandum.
  30-25        SECTION 14.  Section 25(a), Article 42.18, Code of Criminal
  30-26  Procedure, is amended to read as follows:
  30-27        (a)  The pardons and paroles division may establish and
   31-1  operate or contract for the operation of community-based
   31-2  intermediate sanction facilities to house, maintain, and provide
   31-3  services for:
   31-4              (1)  persons required by a parole panel as a condition
   31-5  of parole <or mandatory supervision> under Section 8(g) of this
   31-6  article to serve a period in a community-based facility; and
   31-7              (2)  persons whose release on parole <or mandatory
   31-8  supervision> has been continued or modified under Section 14(a) of
   31-9  this article, and on whom sanctions have been imposed under that
  31-10  section.
  31-11        SECTION 15.  Article 42.037(h), Code of Criminal Procedure,
  31-12  is amended to read as follows:
  31-13        (h)  If a defendant is placed on community supervision
  31-14  <probation> or is paroled <or released on mandatory supervision>
  31-15  under this chapter, the court or the Board of Pardons and Paroles
  31-16  shall order the payment of restitution ordered under this article
  31-17  as a condition of community supervision or <probation,> parole<, or
  31-18  mandatory supervision>.  The court may revoke community supervision
  31-19  <probation> and the Board of Pardons and Paroles may revoke parole
  31-20  <or mandatory supervision> if the defendant fails to comply with
  31-21  the order.  In determining whether to revoke community supervision
  31-22  or <probation,> parole<, or mandatory supervision>, the court or
  31-23  board shall consider:
  31-24              (1)  the defendant's employment status;
  31-25              (2)  the defendant's earning ability;
  31-26              (3)  the defendant's financial resources;
  31-27              (4)  the willfulness of the defendant's failure to pay;
   32-1  and
   32-2              (5)  any other special circumstances that may affect
   32-3  the defendant's ability to pay.
   32-4        SECTION 16.  Article 43.101(a), Code of Criminal Procedure,
   32-5  is amended to read as follows:
   32-6        (a)  A defendant confined in county jail awaiting trial or
   32-7  awaiting transfer to the institutional division of the Texas
   32-8  Department of Criminal Justice following conviction or revocation
   32-9  of community supervision or <probation,> parole<, or mandatory
  32-10  supervision> may volunteer to participate in any work program
  32-11  operated by the sheriff that uses the labor of convicted
  32-12  misdemeanants.
  32-13        SECTION 17.  Article 60.052(c), Code of Criminal Procedure,
  32-14  is amended to read as follows:
  32-15        (c)  Information in the corrections tracking system relating
  32-16  to the handling of offenders must include the following information
  32-17  about each imprisonment, confinement, or execution of an offender:
  32-18              (1)  the date of the imprisonment or confinement;
  32-19              (2)  if the offender was sentenced to death:
  32-20                    (A)  the date of execution; and
  32-21                    (B)  if the death sentence was commuted, the
  32-22  sentence to which the sentence of death was commuted and the date
  32-23  of commutation;
  32-24              (3)  the date the offender was released from
  32-25  imprisonment or confinement and whether the release was a discharge
  32-26  or a release on parole <or mandatory supervision>;
  32-27              (4)  if the offender is released on parole <or
   33-1  mandatory supervision>:
   33-2                    (A)  the offense for which the offender was
   33-3  convicted by offense code and incident number;
   33-4                    (B)  the date the offender was received by an
   33-5  office of the Board of Pardons and Paroles division;
   33-6                    (C)  the county in which the offender resides
   33-7  while under supervision;
   33-8                    (D)  any program in which an offender is placed
   33-9  or has previously been placed and the level of supervision the
  33-10  offender is placed on while under the jurisdiction of the Board of
  33-11  Pardons and Paroles division;
  33-12                    (E)  the date a program described by Paragraph
  33-13  (D) of this subdivision begins, the date the program ends, and
  33-14  whether the program was completed successfully;
  33-15                    (F)  the date a level of supervision described by
  33-16  Paragraph (D) of this subdivision begins and the date the level of
  33-17  supervision ends;
  33-18                    (G)  if the offender's release status is revoked,
  33-19  the reason for the revocation and the date of revocation;
  33-20                    (H)  the expiration date of the sentence; and
  33-21                    (I)  the date of the offender's release from the
  33-22  Board of Pardons and Paroles division or the date on which the
  33-23  offender is granted clemency; and
  33-24              (5)  if the offender is released under Section 6(a),
  33-25  Article 42.12, of this code, the date of the offender's release.
  33-26        SECTION 18.  Sections 413.019(a) and (b), Government Code,
  33-27  are amended to read as follows:
   34-1        (a)  Each month the policy council shall determine the
   34-2  following information:
   34-3              (1)  the number and percentage of inmates released on
   34-4  parole <or to mandatory supervision> to each county;
   34-5              (2)  the number and percentage of inmates released on
   34-6  parole in absentia to each county; and
   34-7              (3)  the number of inmates released to and from a
   34-8  halfway house in each county, including the number of inmates who
   34-9  are required as a condition of release to reside in a county other
  34-10  than the county in which a halfway house is located.
  34-11        (b)  The policy council shall submit to the Texas Board of
  34-12  Criminal Justice an annual report that includes the following
  34-13  information for the preceding 12 months:
  34-14              (1)  the number of inmates released on parole <or to
  34-15  mandatory supervision>;
  34-16              (2)  the number and percentage of inmates released on
  34-17  parole <or to mandatory supervision> to each county, including the
  34-18  number of inmates who are required on release from a halfway house
  34-19  to reside in a county other than the county in which the halfway
  34-20  house is located;
  34-21              (3)  the number of inmates released on parole in
  34-22  absentia;
  34-23              (4)  the number and destination of inmates who are
  34-24  transferred from one county to another during the period of release
  34-25  or supervision; and
  34-26              (5)  the number and percentage of inmates released on
  34-27  parole in absentia to each county.
   35-1        SECTION 19.  Section 466.155(a), Government Code, is revised
   35-2  to conform to Section 16, Chapter 284, Acts of the 73rd
   35-3  Legislature, Regular Session, 1993, and is amended to read as
   35-4  follows:
   35-5        (a)  After a hearing, the director shall deny an application
   35-6  for a license or the commission <comptroller> shall suspend or
   35-7  revoke a license if the director or commission <comptroller>, as
   35-8  applicable, finds that the applicant or sales agent:
   35-9              (1)  is an individual who:
  35-10                    (A)  has been convicted of a felony, criminal
  35-11  fraud, gambling or a gambling-related offense, or a misdemeanor
  35-12  involving moral turpitude, if less than 10 years has elapsed since
  35-13  the termination of the sentence, parole, <mandatory supervision,>
  35-14  or community supervision <probation> served for the offense;
  35-15                    (B)  is or has been a professional gambler; <or>
  35-16                    (C)  is married to <or related in the first
  35-17  degree of consanguinity or affinity to> an individual:
  35-18                          (i)  described in Paragraph (A) or (B); or
  35-19                          (ii)  who is currently delinquent in the
  35-20  payment of any state tax;
  35-21                    (D)  is an officer or employee of the commission
  35-22  or a lottery operator; or
  35-23                    (E)  is a spouse, child, brother, sister, or
  35-24  parent residing as a member of the same household in the principal
  35-25  place of residence of a person described by Paragraph (D);
  35-26              (2)  is not an individual, and an individual described
  35-27  in Subdivision (1):
   36-1                    (A)  is an officer or director of the applicant
   36-2  or sales agent;
   36-3                    (B)  holds more than 10 percent of the stock in
   36-4  the applicant or sales agent;
   36-5                    (C)  holds an equitable interest greater than 10
   36-6  percent in the applicant or sales agent;
   36-7                    (D)  is a creditor of the applicant or sales
   36-8  agent who holds more than 10 percent of the applicant's or sales
   36-9  agent's outstanding debt;
  36-10                    (E)  is the owner or lessee of a business that
  36-11  the applicant or sales agent conducts or through which the
  36-12  applicant will conduct a ticket sales agency;
  36-13                    (F)  shares or will share in the profits, other
  36-14  than stock dividends, of the applicant or sales agent; or
  36-15                    (G)  participates in managing the affairs of the
  36-16  applicant or sales agent; <or>
  36-17                    <(H)  is an employee of the applicant or sales
  36-18  agent who is or will be involved in:>
  36-19                          <(i)  selling tickets; or>
  36-20                          <(ii)  handling money from the sale of
  36-21  tickets;>
  36-22              (3)  is currently delinquent in the payment of any
  36-23  state tax;
  36-24              (4)  is a person whose location for the sales agency
  36-25  is:
  36-26                    (A)  a racetrack at which wagering is authorized
  36-27  under the Texas Racing Act (Article 179e, Vernon's Texas Civil
   37-1  Statutes);
   37-2                    (B)  a location licensed for games of bingo under
   37-3  the Bingo Enabling Act (Article 179d, Vernon's Texas Civil
   37-4  Statutes);
   37-5                    (C)  on land that is owned by:
   37-6                          (i)  this state; or
   37-7                          (ii)  a political subdivision of this
   37-8  state, other than land used as a mass transportation facility that
   37-9  is used by commercial carriers; or
  37-10                    (D)  a location for which a person holds a wine
  37-11  and beer retailer's permit, mixed beverage permit, mixed beverage
  37-12  late hours permit, private club registration permit, or private
  37-13  club late hours permit issued under Chapter 25, 28, 29, 32, or 33,
  37-14  Alcoholic Beverage Code; or
  37-15              (5)  has violated this chapter or a rule adopted under
  37-16  this chapter.
  37-17        SECTION 20.  Section 497.056(b), Government Code, is amended
  37-18  to read as follows:
  37-19        (b)  The board shall adopt rules for the administration of
  37-20  the conditional work program.  The rules must include a work
  37-21  program contract that includes an agreement by the resident to:
  37-22              (1)  contribute to the owner, operator, or manager of
  37-23  the work facility, from the funds received by the resident for the
  37-24  resident's participation in on-site industries' training and
  37-25  employment, not more than 80 percent of the funds, to be used or
  37-26  distributed by the owner, operator, or manager of the work facility
  37-27  to pay all or a part of:
   38-1                    (A)  costs of supervision;
   38-2                    (B)  costs of being quartered in the facility;
   38-3                    (C)  restitution to the victim or victims of the
   38-4  resident;
   38-5                    (D)  savings to be retained for the resident in a
   38-6  designated account for the resident's benefit and receipt on
   38-7  release; and
   38-8                    (E)  support of the resident's dependents, if
   38-9  any;
  38-10              (2)  serve at least six months in the work facility
  38-11  before requesting parole review under Section 8(b), Article 42.18,
  38-12  Code of Criminal Procedure<, and to serve at least six months
  38-13  regardless of whether the resident becomes eligible for mandatory
  38-14  supervision under Section 8(c), Article 42.18, Code of Criminal
  38-15  Procedure, during that period>; and
  38-16              (3)  participate in the employment, education, and
  38-17  rehabilitation programs available at the work facility to the
  38-18  extent that participation is recommended by the professional staff
  38-19  of the facility.
  38-20        SECTION 21.  Section 497.094, Government Code, is amended to
  38-21  read as follows:
  38-22        Sec. 497.094.  Job Training Programs.  The institutional
  38-23  division and the pardons and paroles division by rule shall adopt a
  38-24  memorandum of understanding that establishes the respective
  38-25  responsibility of the institutional division to implement job
  38-26  training programs for inmates and of the pardons and paroles
  38-27  division to monitor the success of those programs.  The memorandum
   39-1  must establish a method by which the pardons and paroles division
   39-2  provides the institutional division with information relating to
   39-3  the employment histories of inmates released from the institutional
   39-4  division on parole <and mandatory supervision>.  The institutional
   39-5  division shall coordinate the development of the memorandum of
   39-6  understanding.
   39-7        SECTION 22.  Sections 498.003(a) and (c), Government Code,
   39-8  are amended to read as follows:
   39-9        (a)  Good conduct time applies only to eligibility for parole
  39-10  <or mandatory supervision> as provided by Section 8, Article 42.18,
  39-11  Code of Criminal Procedure, and does not otherwise affect an
  39-12  inmate's term.  Good conduct time is a privilege and not a right.
  39-13  Regardless of the classification of an inmate, the director of the
  39-14  institutional division may grant good conduct time to the inmate
  39-15  only if the director finds that the inmate is actively engaged in
  39-16  an agricultural, vocational, or educational endeavor or in an
  39-17  industrial program or other work program, unless the director finds
  39-18  that the inmate is not capable of participating in such an
  39-19  endeavor.
  39-20        (c)  An inmate may not accrue good conduct time during any
  39-21  period the inmate is classified as a Class III inmate or is on
  39-22  parole <or under mandatory supervision>.
  39-23        SECTION 23.  Section 498.004(b), Government Code, is amended
  39-24  to read as follows:
  39-25        (b)  On the revocation of parole <or mandatory supervision>
  39-26  of an inmate, the inmate forfeits all good conduct time previously
  39-27  accrued.  On return to the institutional division the inmate may
   40-1  accrue new good conduct time for subsequent time served in the
   40-2  division. The director of the institutional division may restore
   40-3  good conduct time forfeited on a revocation that does not involve a
   40-4  new criminal conviction after the inmate has served at least three
   40-5  months of good behavior in the institutional division, subject to
   40-6  rules adopted by the division.  Not later than the 60th day after
   40-7  the date an inmate is returned to the institutional division
   40-8  following a revocation of parole <or mandatory supervision>, the
   40-9  pardons and paroles division shall notify the director of the
  40-10  institutional division of the grounds for revocation.
  40-11        SECTION 24.  Section 499.025(b), Government Code, is amended
  40-12  to read as follows:
  40-13        (b)  If the inmate population of the institutional division
  40-14  reaches 95 percent of capacity or, if the attorney general has
  40-15  authorized an increase in the permissible percentage of capacity
  40-16  under Section 499.109, the inmate population reaches that increased
  40-17  permissible percentage, the director shall immediately notify the
  40-18  executive director, the board, and the attorney general in writing
  40-19  of that fact.  The attorney general shall certify to the board in
  40-20  writing as to whether the institutional division has reached 95
  40-21  percent of capacity or, if applicable, the increased permissible
  40-22  percentage.  If the attorney general certifies that 95 percent of
  40-23  capacity has been reached or, if applicable, that the increased
  40-24  permissible percentage has been reached, the board shall
  40-25  immediately certify that an emergency overcrowding situation exists
  40-26  and direct the Board of Pardons and Paroles to proceed in the
  40-27  manner described by Subsection (c).  If the Commission on Jail
   41-1  Standards determines that in any county jail in this state there
   41-2  exists an inmate awaiting transfer to the institutional division
   41-3  following conviction of a felony or revocation of community
   41-4  supervision or <probation,> parole<, or release on mandatory
   41-5  supervision> and for whom all paperwork and processing required for
   41-6  transfer have been completed for not less than 45 days, the board
   41-7  may direct the Board of Pardons and Paroles to proceed in the
   41-8  manner described by Subsection (c).
   41-9        SECTION 25.  Section 499.053(c), Government Code, is amended
  41-10  to read as follows:
  41-11        (c)  All laws relating to good conduct time and eligibility
  41-12  for release on parole <or mandatory supervision> apply to a person
  41-13  transferred to the institutional division by the youth commission
  41-14  as if the time the person was detained in a detention facility and
  41-15  the time the person served in the custody of the youth commission
  41-16  was time served in the custody of the division.
  41-17        SECTION 26.  Section 499.122, Government Code, is amended to
  41-18  read as follows:
  41-19        Sec. 499.122.  Inmate Count.  The Commission on Jail
  41-20  Standards shall analyze monthly the population of each jail in this
  41-21  state that is the jail for a qualifying county and determine the
  41-22  number of inmates confined in the jail who are awaiting transfer to
  41-23  the institutional division following conviction of a felony or
  41-24  revocation of community supervision or <probation,> parole<, or
  41-25  release on mandatory supervision> and for whom all paperwork and
  41-26  processing required under Section 8(a), Article 42.09, Code of
  41-27  Criminal Procedure, for transfer have been completed.  The
   42-1  commission may not consider in determining the population of the
   42-2  jail under this section any inmate who is in the jail after having
   42-3  been transferred from another jail and for whom the commission has
   42-4  made payment under this subchapter.
   42-5        SECTION 27.  Sections 499.123(a) and (c), Government Code,
   42-6  are amended to read as follows:
   42-7        (a)  Not later than the 32nd day after the effective date of
   42-8  this subchapter, the Commission on Jail Standards shall determine
   42-9  for each jail in this state that is the jail for a qualifying
  42-10  county the number of inmates confined in the jail on April 1, 1991,
  42-11  who were awaiting transfer to the institutional division following
  42-12  conviction of a felony or revocation of community supervision or
  42-13  <probation,> parole<, or release on mandatory supervision> and for
  42-14  whom paperwork and processing required under Section 8(a), Article
  42-15  42.09, Code of Criminal Procedure, for transfer had been completed
  42-16  on that date.
  42-17        (c)  Not later than September 10, 1993, the Commission on
  42-18  Jail Standards shall determine for each jail in this state that is
  42-19  the jail for a qualifying county the number of inmates confined in
  42-20  the jail on September 1, 1993, who were awaiting transfer to the
  42-21  institutional division following conviction of a felony or
  42-22  revocation of community supervision or <probation,> parole<, or
  42-23  release on mandatory supervision> and for whom paperwork and
  42-24  processing required under Section 8(a), Article 42.09, Code of
  42-25  Criminal Procedure, for transfer had been completed, as determined
  42-26  under Section 499.122, on that date.
  42-27        SECTION 28.  Section 499.126(a), Government Code, is amended
   43-1  to read as follows:
   43-2        (a)  In this subchapter, "qualifying county" means a county
   43-3  that:
   43-4              (1)  on or after the effective date of this subchapter
   43-5  does not initiate or become a party to a suit against the state or
   43-6  a state agency or state official, the subject of which is the
   43-7  reimbursement of the county for the confinement of inmates in the
   43-8  county jail who are awaiting transfer to the institutional division
   43-9  following conviction of a felony or revocation of community
  43-10  supervision or <probation,> parole<, or release on mandatory
  43-11  supervision>; and
  43-12              (2)  if, before the effective date of this subchapter,
  43-13  it was a party to a suit in state court described by Subdivision
  43-14  (1), has before the 31st day after the effective date of this
  43-15  subchapter:
  43-16                    (A)  had the county's suit vacated and dismissed
  43-17  by the court;
  43-18                    (B)  had the county's suit abated by the court,
  43-19  by entry of an abatement order that specifically provides that:
  43-20                          (i)  the suit may not be reactivated except
  43-21  before September 1, 1997, and except on a finding by the court that
  43-22  the state has substantially failed to perform a duty imposed under
  43-23  this subchapter;
  43-24                          (ii)  the county is barred from any claim
  43-25  for reimbursement for the cost of confining inmates on and after
  43-26  the effective date of this subchapter and until September 1, 1995,
  43-27  other than reimbursement specified in this subchapter; and
   44-1                          (iii)  if the suit is not reactivated
   44-2  before September 1, 1997, the court shall vacate and dismiss the
   44-3  suit on that date; or
   44-4                    (C)  had the county's suit settled by written
   44-5  agreement.
   44-6        SECTION 29.  Section 499.152, Government Code, is amended to
   44-7  read as follows:
   44-8        Sec. 499.152.  Eligible Inmates.  The institutional division
   44-9  may confine an inmate in a transfer facility authorized by this
  44-10  subchapter:
  44-11              (1)  only if paperwork and processing required under
  44-12  Section 8(a), Article 42.09, Code of Criminal Procedure, for
  44-13  transfer of the inmate to the division has been completed; and
  44-14              (2)  only during a period in which the inmate would
  44-15  otherwise be confined in a county jail awaiting transfer to the
  44-16  division following conviction of a felony or revocation of
  44-17  community supervision or <probation,> parole<, or release on
  44-18  mandatory supervision>.
  44-19        SECTION 30.  Sections 499.155(b) and (c), Government Code,
  44-20  are amended to read as follows:
  44-21        (b)  If an inmate described by Section 499.152 is confined in
  44-22  a transfer facility, is released from or transferred from the
  44-23  transfer facility or returned to the convicting county under court
  44-24  order, and is convicted of a subsequent offense, is returned from
  44-25  the convicting county, or is the subject of a revocation of parole
  44-26  <or mandatory supervision>, the institutional division shall not
  44-27  calculate the previous period of confinement in determining the
   45-1  maximum period the defendant may be confined in a transfer facility
   45-2  following conviction of the subsequent offense, return from the
   45-3  convicting county, or revocation.
   45-4        (c)  If an inmate is discharged or released on parole <or
   45-5  mandatory supervision> from a transfer facility, the inmate is
   45-6  entitled to receive release or discharge money from the
   45-7  institutional division in the same amount as an inmate is entitled
   45-8  to receive on release or discharge from any other facility of the
   45-9  institutional division under Section 501.015.
  45-10        SECTION 31.  Sections 501.015(a) and (b), Government Code,
  45-11  are amended to read as follows:
  45-12        (a)  When an inmate is discharged or is released on parole<,
  45-13  mandatory supervision,> or conditional pardon, the institutional
  45-14  division shall provide the inmate with:
  45-15              (1)  suitable civilian clothing;
  45-16              (2)  money held in the inmate's trust account by the
  45-17  director; and
  45-18              (3)  cash, in an amount and in the manner described by
  45-19  Subsection (b).
  45-20        (b)  When an inmate is released on parole<, mandatory
  45-21  supervision,> or conditional pardon, the inmate is entitled to
  45-22  receive $100 from the department and transportation at the expense
  45-23  of the department to the location at which the inmate is required
  45-24  to report to a parole officer by the pardons and paroles division.
  45-25  The inmate shall receive $50 on his release from the institution
  45-26  and $50 on initially reporting to a parole officer at the location
  45-27  at which the inmate is required to report to a parole officer.  If
   46-1  an inmate is released and is not required by the pardons and
   46-2  paroles division to report to a parole officer or is authorized by
   46-3  the pardons and paroles division to report to a location outside
   46-4  this state, the department shall provide the inmate with $100 and,
   46-5  at the expense of the department, transportation to:
   46-6              (1)  the location of the inmate's residence, if the
   46-7  residence is in this state; or
   46-8              (2)  a transit point determined appropriate by the
   46-9  department, if the inmate's residence is outside this state or the
  46-10  inmate is required by the pardons and paroles division to report to
  46-11  a location outside this state.
  46-12        SECTION 32.  Section 501.016(a), Government Code, is amended
  46-13  to read as follows:
  46-14        (a)  The director of the institutional division or the
  46-15  director's executive assistant shall prepare and provide an inmate
  46-16  with the inmate's discharge or release papers when the inmate is
  46-17  entitled to be discharged or to be released on parole<, mandatory
  46-18  supervision,> or conditional pardon.  The papers must be dated and
  46-19  signed by the officer preparing the papers and bear the seal of the
  46-20  board.  The papers must contain:
  46-21              (1)  the inmate's name;
  46-22              (2)  a statement of the offense or offenses for which
  46-23  the inmate was sentenced;
  46-24              (3)  the date on which the defendant was sentenced and
  46-25  the length of the sentence;
  46-26              (4)  the name of the county in which the inmate was
  46-27  sentenced;
   47-1              (5)  the amount of calendar time the inmate actually
   47-2  served;
   47-3              (6)  a statement of any trade learned by the inmate and
   47-4  the inmate's proficiency at that trade; and
   47-5              (7)  the physical description of the inmate, as far as
   47-6  practicable.
   47-7        SECTION 33.  Section 501.054(g), Government Code, is amended
   47-8  to read as follows:
   47-9        (g)  The institutional division shall maintain the
  47-10  confidentiality of test results of an inmate indicating HIV
  47-11  infection after the inmate's discharge or release on parole <or
  47-12  mandatory supervision> and may not honor the request of an agency
  47-13  of the state or any person who requests a test result as a
  47-14  condition of housing or supervising the inmate while the inmate is
  47-15  on parole <or mandatory supervision>, unless honoring the request
  47-16  would improve the ability of the inmate to obtain essential health
  47-17  and social services.
  47-18        SECTION 34.  Section 501.0931(d), Government Code, is amended
  47-19  to read as follows:
  47-20        (d)  The institutional division shall separate inmates
  47-21  participating in the program from the general population of the
  47-22  division and house the inmates in discrete units or areas within
  47-23  units, except during the diagnostic process or at other times
  47-24  determined to be necessary by the division for medical or security
  47-25  purposes.  The institutional division shall separate an inmate who
  47-26  successfully completes the program from the general population of
  47-27  the division during any period after completion and before the
   48-1  inmate is discharged or released on parole <or mandatory
   48-2  supervision> from the department.
   48-3        SECTION 35.  Section 511.0101(a), Government Code, is amended
   48-4  to read as follows:
   48-5        (a)  Each county shall submit to the commission on or before
   48-6  the fifth day of each month a report containing the following
   48-7  information:
   48-8              (1)  the number of prisoners confined in the county
   48-9  jail on the first day of the month, classified on the basis of the
  48-10  following categories:
  48-11                    (A)  total prisoners;
  48-12                    (B)  pretrial Class C misdemeanor offenders;
  48-13                    (C)  pretrial Class A and B misdemeanor
  48-14  offenders;
  48-15                    (D)  convicted misdemeanor offenders;
  48-16                    (E)  felony offenders whose penalty has been
  48-17  reduced to a misdemeanor;
  48-18                    (F)  pretrial felony offenders;
  48-19                    (G)  convicted felony offenders;
  48-20                    (H)  prisoners detained on bench warrants;
  48-21                    (I)  prisoners detained for parole violations;
  48-22                    (J)  prisoners detained for federal officers;
  48-23                    (K)  prisoners awaiting transfer to the
  48-24  institutional division of the Texas Department of Criminal Justice
  48-25  following conviction of a felony or revocation of community
  48-26  supervision or <probation,> parole<, or release on mandatory
  48-27  supervision> and for whom paperwork and processing required for
   49-1  transfer have been completed;
   49-2                    (L)  prisoners detained after having been
   49-3  transferred from another jail and for whom the commission has made
   49-4  a payment under Subchapter F, Chapter 499, Government Code; and
   49-5                    (M)  other prisoners;
   49-6              (2)  the total capacity of the county jail on the first
   49-7  day of the month; and
   49-8              (3)  certification by the reporting official that the
   49-9  information in the report is accurate.
  49-10        SECTION 36.  Sections 575.016(a) and (b), Health and Safety
  49-11  Code, are amended to read as follows:
  49-12        (a)  The institutional division of the Texas Department of
  49-13  Criminal Justice shall transfer a patient committed to an
  49-14  institutional division inpatient mental health facility under
  49-15  Section 574.044 to a noncorrectional mental health facility on the
  49-16  day the inmate is released on parole <or mandatory supervision>.
  49-17        (b)  A patient transferred to a department mental health
  49-18  facility shall be transferred as prescribed by Section 575.011 or
  49-19  575.012 to the facility that serves the location to which the
  49-20  patient is released on parole <or mandatory supervision>.
  49-21        SECTION 37.  Section 46.04(a), Penal Code, is amended to read
  49-22  as follows:
  49-23        (a)  A person who has been convicted of a felony commits an
  49-24  offense if he possesses a firearm:
  49-25              (1)  after conviction and before the fifth anniversary
  49-26  of the person's release from confinement following conviction of
  49-27  the felony or the person's release from supervision under community
   50-1  supervision or<,> parole<, or mandatory supervision>, whichever
   50-2  date is later; or
   50-3              (2)  after the period described by Subdivision (1), at
   50-4  any location other than the premises at which the person lives.
   50-5        SECTION 38.  Section 46.06(a), Penal Code, is amended to read
   50-6  as follows:
   50-7        (a)  A person commits an offense if he:
   50-8              (1)  sells, rents, leases, loans, or gives a handgun to
   50-9  any person knowing that the person to whom the handgun is to be
  50-10  delivered intends to use it unlawfully or in the commission of an
  50-11  unlawful act;
  50-12              (2)  intentionally or knowingly sells, rents, leases,
  50-13  or gives or offers to sell, rent, lease, or give to any child
  50-14  younger than 18 years any firearm, club, or illegal knife;
  50-15              (3)  intentionally, knowingly, or recklessly sells a
  50-16  firearm or ammunition for a firearm to any person who is
  50-17  intoxicated; or
  50-18              (4)  knowingly sells a firearm or ammunition for a
  50-19  firearm to any person who has been convicted of a felony before the
  50-20  fifth anniversary of the later of the following dates:
  50-21                    (A)  the person's release from confinement
  50-22  following conviction of the felony; or
  50-23                    (B)  the person's release from supervision under
  50-24  community supervision or<,> parole<, or mandatory supervision>
  50-25  following conviction of the felony.
  50-26        SECTION 39.  Section 3(a), Private Investigators and Private
  50-27  Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
   51-1  Statutes), is amended to read as follows:
   51-2        (a)  This Act does not apply to:
   51-3              (1)  a person employed exclusively and regularly by one
   51-4  employer in connection with the affairs of an employer only and
   51-5  where there exists an employer-employee relationship; provided,
   51-6  however, any person who shall carry a firearm in the course of his
   51-7  employment shall be required to obtain a private security officer
   51-8  commission under the provisions of this Act;
   51-9              (2)  except as provided by Subsection (d) of this
  51-10  Section, an officer or employee of the United States of America, or
  51-11  of this State or political subdivision of either, while the
  51-12  employee or officer is engaged in the performance of official
  51-13  duties;
  51-14              (3)  a person who has full-time employment as a peace
  51-15  officer as defined by Article 2.12, Code of Criminal Procedure, who
  51-16  receives compensation for private employment on an individual or an
  51-17  independent contractor basis as a patrolman, guard, or watchman if
  51-18  such person is:
  51-19                    (A)  employed in an employee-employer
  51-20  relationship; or
  51-21                    (B)  employed on an individual contractual basis;
  51-22                    (C)  not in the employ of another peace officer;
  51-23  and
  51-24                    (D)  not a reserve peace officer;
  51-25              (4)  a person engaged exclusively in the business of
  51-26  obtaining and furnishing information for purposes of credit
  51-27  worthiness or collecting debts or ascertaining the financial
   52-1  responsibility of applicants for property insurance and for
   52-2  indemnity or surety bonds, with respect to persons, firms, and
   52-3  corporations;
   52-4              (5)  an attorney-at-law in performing his duties;
   52-5              (6)  admitted insurers, insurance adjusters, agents,
   52-6  and insurance brokers licensed by the State, performing duties in
   52-7  connection with insurance transacted by them;
   52-8              (7)  a person who engages exclusively in the business
   52-9  of repossessing property that is secured by a mortgage or other
  52-10  security interest;
  52-11              (8)  a locksmith who does not install or service
  52-12  detection devices, does not conduct investigations, and is not a
  52-13  security service contractor;
  52-14              (9)  a person who owns and installs burglar detection
  52-15  or alarm devices on his own property or, if he does not charge for
  52-16  the device or its installation, installs it for the protection of
  52-17  his personal property located on another's property, and does not
  52-18  install the devices as a normal business practice on the property
  52-19  of another;
  52-20              (10)  an employee of a cattle association who is
  52-21  engaged in inspection of brands of livestock under the authority
  52-22  granted to that cattle association by the Packers and Stockyards
  52-23  Division of the United States Department of Agriculture;
  52-24              (11)  the provisions of this Act shall not apply to
  52-25  common carriers by rail engaged in interstate commerce and
  52-26  regulated by state and federal authorities and transporting
  52-27  commodities essential to the national defense and to the general
   53-1  welfare and safety of the community;
   53-2              (12)  a registered professional engineer practicing in
   53-3  accordance with the provisions of the Texas Engineering Practice
   53-4  Act  that does not install or service detection devices, does not
   53-5  conduct investigations, and is not a security services contractor;
   53-6              (13)  a person whose sale of burglar alarm signal
   53-7  devices, burglary alarms, television cameras, still cameras, or
   53-8  other electrical, mechanical, or electronic devices used for
   53-9  preventing or detecting burglary, theft, shoplifting, pilferage, or
  53-10  other losses is exclusively over-the-counter or by mail order;
  53-11              (14)  a person who holds a license or other form of
  53-12  permission issued by an incorporated city or town to practice as an
  53-13  electrician and who installs fire or smoke detectors in no building
  53-14  other than a single family or multifamily residence;
  53-15              (15)  a person or organization in the business of
  53-16  building construction that installs electrical wiring and devices
  53-17  that may include in part the installation of a burglar alarm or
  53-18  detection device if:
  53-19                    (A)  the person or organization is a party to a
  53-20  contract that provides that the installation will be performed
  53-21  under the direct supervision of and inspected and certified by a
  53-22  person or organization licensed to install and certify such an
  53-23  alarm or detection device and that the licensee assumes full
  53-24  responsibility for the installation of the alarm or detection
  53-25  device; and
  53-26                    (B)  the person or organization does not service
  53-27  or maintain burglar alarms or detection devices;
   54-1              (16)  a reserve peace officer while the reserve officer
   54-2  is performing guard, patrolman, or watchman duties for a county and
   54-3  is being compensated solely by that county;
   54-4              (17)  response to a burglar alarm or detection device
   54-5  by a law enforcement agency or by a law enforcement officer acting
   54-6  in an official capacity;
   54-7              (18)  a person who, by education, experience, or
   54-8  background has specialized expertise or knowledge such as that
   54-9  which would qualify or tend to qualify such person as an expert
  54-10  witness, authorized to render opinions in proceedings conducted in
  54-11  a court, administrative agency, or governing body of this state or
  54-12  of the United States, in accordance with applicable rules and
  54-13  regulations and who does not perform any other service for which a
  54-14  license is required by provisions of this Act;
  54-15              (19)  an officer, employee, or agent of a common
  54-16  carrier, as defined by Section 153(h), Communications Act of 1934
  54-17  (47 U.S.C.A. Sec. 151 et seq.), while protecting the carrier or a
  54-18  user of the carrier's long-distance services from a fraudulent,
  54-19  unlawful, or abusive use of those long-distance services;
  54-20              (20)  a person who sells or installs automobile burglar
  54-21  alarm devices;
  54-22              (21)  a manufacturer, or a manufacturer's authorized
  54-23  distributor, who sells to the holder of a license under this Act
  54-24  equipment used in the operations for which the holder is required
  54-25  to be licensed;
  54-26              (22)  a person employed as a noncommissioned security
  54-27  officer by a political subdivision of this state;
   55-1              (23)  a person whose activities are regulated under
   55-2  Article 5.43-2, Insurance Code, except to the extent that those
   55-3  activities are specifically regulated under this Act;
   55-4              (24)  a landman performing activities in the course and
   55-5  scope of the landman's business;
   55-6              (25)  a hospital or a wholly owned subsidiary or
   55-7  affiliate of a hospital that provides medical alert services for
   55-8  persons who are sick or disabled, if the hospital, subsidiary, or
   55-9  affiliate is licensed under Chapter 241, Health and Safety Code,
  55-10  and the hospital does not perform any other service that requires a
  55-11  license under this Act;
  55-12              (26)  a charitable, nonprofit organization that
  55-13  provides medical alert services for persons who are sick or
  55-14  disabled, if the organization:
  55-15                    (A)  is exempt from taxation under Section
  55-16  501(c)(3), Internal Revenue Code of 1986;
  55-17                    (B)  has its monitoring services provided by a
  55-18  licensed person or hospital or a wholly owned subsidiary or
  55-19  affiliate of a hospital licensed under Chapter 241, Health and
  55-20  Safety Code; and
  55-21                    (C)  does not perform any other service that
  55-22  requires a license under this Act;
  55-23              (27)  a person engaged in the business of electronic
  55-24  monitoring of a person as a condition of that person's community
  55-25  supervision <probation>, parole, <mandatory supervision,> or
  55-26  release on bail, if the person does not perform any other service
  55-27  that requires a license under this Act;
   56-1              (28)  a nonprofit business or civic organization that:
   56-2                    (A)  employs one or more peace officers meeting
   56-3  the qualifications of Subdivision (3) of this subsection as
   56-4  patrolmen, guards, or watchmen;
   56-5                    (B)  provides the services of these peace
   56-6  officers only to:
   56-7                          (i)  its members; or
   56-8                          (ii)  if the organization does not have
   56-9  members, the members of the communities served by the organization
  56-10  as described in its articles of incorporation or other
  56-11  organizational documents;
  56-12                    (C)  devotes the net receipts from all charges
  56-13  for the services exclusively to the cost of providing the services
  56-14  or to the costs of other services for the enhancement of the
  56-15  security or safety of:
  56-16                          (i)  its members; or
  56-17                          (ii)  if the organization does not have
  56-18  members, the members of the communities served by the organization
  56-19  as described in its articles of incorporation or other
  56-20  organizational documents; and
  56-21                    (D)  does not perform any other service that
  56-22  requires a license under this Act;
  56-23              (29)  a charitable, nonprofit organization that
  56-24  maintains a system of records to aid in the location of missing
  56-25  children if the organization:
  56-26                    (A)  is exempt from federal taxation under
  56-27  Section 501(c)(3), Internal Revenue Code of 1986, and its
   57-1  subsequent amendments;
   57-2                    (B)  exclusively provides services related to
   57-3  locating missing children; and
   57-4                    (C)  does not perform any other service that
   57-5  requires a license under this Act; or
   57-6              (30)  a person engaged in the business of psychological
   57-7  testing or other testing and interviewing services (to include but
   57-8  not limited to attitudes, honesty, intelligence, personality, and
   57-9  skills) for preemployment purposes, if the person does not perform
  57-10  any other service that requires a license under this Act.
  57-11        SECTION 40.  Section 4(e), Article 6252-13c, Revised
  57-12  Statutes, is amended to read as follows:
  57-13        (e)  Upon a licensee's felony conviction, felony community
  57-14  supervision <probation> revocation, or revocation of parole<, or
  57-15  revocation of mandatory supervision>, his license shall be revoked.
  57-16        SECTION 41.  Section 1, Article 6252-13c.1, Revised Statutes,
  57-17  is amended to read as follows:
  57-18        Sec. 1.  In this article:
  57-19              (1)  "Department" means the Department of Public
  57-20  Safety.
  57-21              (2)  "Local law enforcement authority" means the chief
  57-22  of police of a municipality or the sheriff of a county in this
  57-23  state.
  57-24              (3)  "Penal institution" means the institutional
  57-25  division of the Texas Department of Criminal Justice or a county
  57-26  jail.
  57-27              (4)  "Released" means discharged or<,> paroled<, or
   58-1  placed on mandatory supervision>.
   58-2              (5)  "Reportable conviction or adjudication" means:
   58-3                    (A)  a conviction for violation of Section 21.11
   58-4  (Indecency with a child), 22.011 (Sexual assault), 22.021
   58-5  (Aggravated sexual assault), 25.02 (Incest), Penal Code;
   58-6                    (B)  a conviction for violation of Section 43.25
   58-7  (Sexual performance by a child) or 43.26 (Possession or promotion
   58-8  of child pornography), Penal Code;
   58-9                    (C)  the fourth conviction for a violation of
  58-10  Section 21.08 (Indecent exposure), Penal Code;
  58-11                    (D)  an adjudication of delinquent conduct based
  58-12  on a violation of one of the offenses listed in Paragraph (A) or
  58-13  (B) of this subdivision or for which four violations of the
  58-14  offenses listed in Paragraph (C) of this subdivision are shown; or
  58-15                    (E)  a deferred adjudication for an offense
  58-16  listed in Paragraph (A) or (B) of this subdivision.
  58-17        SECTION 42.  (a)  The change in law made by this Act applies
  58-18  only to mandatory supervision for an inmate serving a term of
  58-19  confinement for an offense committed on or after the effective date
  58-20  of this Act.  For purposes of this section, an offense is committed
  58-21  before the effective date of this Act if any element of the offense
  58-22  occurs before that date.
  58-23        (b)  Mandatory supervision for an inmate serving a term of
  58-24  confinement for an offense committed before the effective date of
  58-25  this Act is covered by the law in effect when the offense was
  58-26  committed, and the former law is continued in effect for that
  58-27  purpose.
   59-1        SECTION 43.  This Act takes effect September 1, 1995.
   59-2        SECTION 44.  The importance of this legislation and the
   59-3  crowded condition of the calendars in both houses create an
   59-4  emergency and an imperative public necessity that the
   59-5  constitutional rule requiring bills to be read on three several
   59-6  days in each house be suspended, and this rule is hereby suspended.