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.