By Hunter of Nueces                                   H.B. No. 2679
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to county jail work release programs.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Article 42.034, Texas Code of Criminal Procedure
    1-5  is amended to read as follows:
    1-6        Art. 42.034.  COUNTY JAIL WORK RELEASE PROGRAMS.  (a)  If
    1-7  jail time has been awarded to a person sentenced for a misdemeanor
    1-8  or sentenced to confinement in the county jail for a felony, the
    1-9  trial judge at the time of pronouncement of sentence or at any time
   1-10  while the defendant is serving the sentence, within in the judge's
   1-11  discretion the ends of justice would best be served, may permit the
   1-12  defendant to serve and alternate term for the same period of time
   1-13  in the county jail work release program of the county in which the
   1-14  offense occurred.  An inmate who participates in a county jail work
   1-15  release program is not an employee of the county.
   1-16        (b)  A defendant sentenced under this section who would
   1-17  otherwise be sentenced to confinement in jail may earn good conduct
   1-18  credit in the same manner as provided by Article 42.032 of this
   1-19  code<, but> only while actually confined.
   1-20        (c)  A county that provides a county jail work release
   1-21  program and its officers, employees, or agents shall not be liable
   1-22  for any damages arising from an act or failure to act in connection
   1-23  with a county jail work release program if the act or failure to
    2-1  act was not intentional or willful.  This article is not a waiver
    2-2  of sovereign immunity or any other defense available to counties,
    2-3  their officers, employees, or agents.
    2-4        SECTION 2.  This Act takes effect September 1, 1995.
    2-5        SECTION 3.  The importance of this legislation and the
    2-6  crowded condition of the calendars in both houses create an
    2-7  emergency and an imperative public necessity that the
    2-8  constitutional rule requiring bills to be read on three several
    2-9  days in each house be suspended, and this rule is hereby suspended.