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.