By Hightower                                          H.B. No. 2629
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the adoption of a scheduled admissions policy for the
    1-3  institutional division of the Texas Department of Criminal Justice.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 499.071, Government Code, is amended to
    1-6  read as follows:
    1-7        Sec. 499.071.  SCHEDULED ADMISSIONS POLICY <ALLOCATION
    1-8  FORMULA>.  <(a)>  The board shall adopt and enforce a scheduled
    1-9  admissions policy that permits the institutional division to accept
   1-10  inmates within 45 days of processing as required by Section
   1-11  499.121(c). <an allocation formula that fairly and equitably
   1-12  allocates to each county the number of institutional division
   1-13  admissions allocated to the county until sufficient capacity is
   1-14  available in the institutional division.  In devising the formula,
   1-15  the board shall consider relevant factors for each county served by
   1-16  a department and shall assign weights to those factors as
   1-17  determined appropriate by the board.  The factors shall include but
   1-18  are not limited to:>
   1-19              <(1)  the percentage of prison admissions for the
   1-20  entire state that were used by the county in the preceding 12
   1-21  months;>
   1-22              <(2)  the percentage of the state's violent index crime
   1-23  that occurred in the county in the preceding 12 months;>
    2-1              <(3)  the percentage of the state's total index crime
    2-2  that occurred in the county in the preceding 12 months;>
    2-3              <(4)  the percentage of the state's total arrests under
    2-4  Chapter 481, Health and Safety Code, that occurred in the county in
    2-5  the preceding 12 months;>
    2-6              <(5)  the percentage of the state's population residing
    2-7  in the county;>
    2-8              <(6)  the percentage of the state's total unemployment
    2-9  in the county; and>
   2-10              <(7)  the percentage of all defendants serving
   2-11  sentences for felonies who were paroled from the institutional
   2-12  division, a jail in this state, a federal correctional institution,
   2-13  or a jail or correctional institution in another state in the
   2-14  preceding 12 months and who were released to reside in the county.>
   2-15        <(b)  The board shall adopt and enforce an allocation formula
   2-16  that fairly and equitably allocates community corrections program
   2-17  funding to each community supervision and corrections department,
   2-18  in the manner provided by Section 10(a)(3), Article 42.13, Code of
   2-19  Criminal Procedure.  In devising the formula, the board shall use
   2-20  the factors listed in Subsection (a), but may assign different
   2-21  weights to those factors than those used in developing the
   2-22  admissions allocation formula.  The board also may use factors not
   2-23  listed in Subsection (a) in devising the formula under this
   2-24  subsection.>
   2-25        <(c)  If the board is unable to obtain for a factor listed in
    3-1  Subsection (a) information for the preceding 12-month period, the
    3-2  board shall consider the most recent information available for that
    3-3  factor.>
    3-4        <(d)  The board shall revise each formula annually.>
    3-5        SECTION 2.  The heading of Subchapter D, Chapter 499,
    3-6  Government Code, is amended to read as follows:
    3-7        SUBCHAPTER D.  ADMISSIONS POLICY <ALLOCATION FORMULAS>
    3-8        SECTION 3.  Section 499.072, Government Code, is repealed.
    3-9        SECTION 4.  The importance of this legislation and the
   3-10  crowded condition of the calendars in both houses create an
   3-11  emergency and an imperative public necessity that the
   3-12  constitutional rule requiring bills to be read on three several
   3-13  days in each house be suspended, and this rule is hereby suspended,
   3-14  and that this Act take effect and be in force from and after its
   3-15  passage, and it is so enacted.