By:  Whitmire                                          S.B. No. 866
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the payment of restitution to victims of crime or
    1-2  reimbursement of the compensation to victims of crime fund and to
    1-3  the garnishment of wages for restitution and reimbursement;
    1-4  providing civil penalties.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Chapter 56, Code of Criminal Procedure, is
    1-7  amended by adding Subchapters C, D, and E to read as follows:
    1-8              SUBCHAPTER C.  DELINQUENT PAYMENT OF RESTITUTION
    1-9                           OR REIMBURSEMENT
   1-10        Art. 56.81.  DEFINITION.  In this subchapter, "fund" means
   1-11  the compensation to victims of crime fund established under Article
   1-12  56.54.
   1-13        Art. 56.82.  INTEREST.  (a)  A defendant is liable for
   1-14  interest that accrues on:
   1-15              (1)  delinquent restitution payments to a victim of the
   1-16  defendant's offense ordered to be paid by the defendant under
   1-17  Article 42.037; or
   1-18              (2)  delinquent reimbursement payments to the fund for
   1-19  any amounts paid from the fund to a victim of the defendant's
   1-20  offense ordered to be paid by the defendant under Article 42.037.
   1-21        (b)  The interest accrues at the rate of interest established
   1-22  under Section 2, Article 1.05, Title 79, Revised Statutes (Article
   1-23  5069-1.05, Vernon's Texas Civil Statutes), from the date the
    2-1  payment is delinquent until the date the restitution or
    2-2  reimbursement is paid, regardless of whether the amount of the
    2-3  payments in arrears has been reduced to judgment by the court.
    2-4        (c)  A court that confirms the amount of payments in arrears
    2-5  shall include all prior arrears and the amount of interest owed in
    2-6  the total amount confirmed.
    2-7        Art. 56.83.  DATE OF DELINQUENCY.  (a)  A payment of
    2-8  restitution or reimbursement is delinquent if the payment is not
    2-9  received by the person specified in the payment order before the
   2-10  31st day after the payment date stated in the order.
   2-11        (b)  If a payment date is not stated in the payment order, a
   2-12  payment of restitution or reimbursement is delinquent if payment is
   2-13  not received by the person specified in the payment order on the
   2-14  date that an amount equal to the restitution or reimbursement
   2-15  payable for one month becomes delinquent.
   2-16        Art. 56.84.  COLLECTION.  (a) Interest that accrues as
   2-17  provided by this subchapter is part of the restitution or
   2-18  reimbursement obligation and may be collected by any means provided
   2-19  for the collection of a debt, judgment, or court-ordered child
   2-20  support.
   2-21        (b)  An amount collected in excess of current restitution or
   2-22  reimbursement is applied first to interest and delinquent
   2-23  restitution and reimbursement payments that have been reduced to
   2-24  judgment.
   2-25        Art. 56.85.  BOND OR SECURITY DEPOSIT.  If a defendant who
    3-1  has been ordered to pay restitution to a victim or reimburse a fund
    3-2  seeks to execute a bond or to post security pending a hearing by or
    3-3  a proceeding in an appellate court relating to enforcement of the
    3-4  payments of restitution or reimbursement, the bond or security on
    3-5  forfeiture is payable to the person specified in the payment order.
    3-6        Art. 56.86.  DISCRETIONARY ORDER TO EXECUTE BOND OR DEPOSIT
    3-7  SECURITY.  (a)  If a defendant who has been ordered to pay
    3-8  restitution to a victim or reimbursement to a fund is employed by
    3-9  an employer not subject to the jurisdiction of the court or is a
   3-10  person to whom the application of Subchapter D is inappropriate
   3-11  under existing circumstances, the court may order the defendant to
   3-12  execute a bond, subject to the approval of the court, or to deposit
   3-13  security with the court.
   3-14        (b)  The bond or security deposit is to be in an amount set
   3-15  by the court and conditioned on the payment of delinquent and
   3-16  future payments of restitution or reimbursement.
   3-17        (c)  The bond or security deposit is payable to the person
   3-18  specified in the payment order.
   3-19        Art. 56.87.  MOTION AND HEARING ON BOND OR SECURITY DEPOSIT
   3-20  FORFEITURE.  On the motion of a person for whose benefit a bond has
   3-21  been executed or security deposited, the court, after notice and
   3-22  hearing, may forfeit all or part of the bond or security deposit
   3-23  for any amount of restitution or reimbursement payments that are
   3-24  due on proof that one or more payments are unpaid.
   3-25        Art. 56.88.  COLLECTION OF FORFEITED BOND OR SECURITY
    4-1  DEPOSIT.  Funds collected from a forfeited bond or security deposit
    4-2  shall be paid to the person specified in the payment order and
    4-3  applied to the outstanding restitution and reimbursement arrears of
    4-4  the defendant.
    4-5        Art. 56.89.  JOINDER OF PROCEEDINGS.  A proceeding to revoke,
    4-6  amend, modify, or continue community supervision, parole, or
    4-7  mandatory supervision may be joined with a proceeding to enforce a
    4-8  delinquent restitution or reimbursement payment or a proceeding to
    4-9  forfeit a bond or security deposit payable to the person specified
   4-10  in the payment order.
   4-11        Art. 56.90.  DEFENSE TO REVOCATION PROCEEDING.  The
   4-12  application of funds from a forfeited bond or security deposit to
   4-13  any delinquent payment of restitution or reimbursement is not a
   4-14  defense in a proceeding to revoke, amend, modify, or continue
   4-15  community supervision, parole, or mandatory supervision.
   4-16        Art. 56.91.  DISPOSITION OF EXCESS FORFEITED MONEY.  If the
   4-17  proceeds of the forfeited bond or security deposit exceed the
   4-18  amount of any delinquent payment of restitution or reimbursement,
   4-19  the court may order that all or a portion of the excess amount be
   4-20  applied to pay:
   4-21              (1)  court costs owed by the defendant;
   4-22              (2)  reimbursement owed to the county for payments made
   4-23  to the defendant's court-appointed attorney;
   4-24              (3)  community supervision, parole, or mandatory
   4-25  supervision fees or costs owed by the defendant; or
    5-1              (4)  attorney's fees and costs incurred by the county
    5-2  or the victim or entity bringing the enforcement or forfeiture
    5-3  proceedings.
    5-4              SUBCHAPTER D.  INCOME WITHHOLDING FOR PAYMENT OF
    5-5                     RESTITUTION OR REIMBURSEMENT
    5-6        Art. 56.101.  DEFINITION.  In this subchapter, "fund" means
    5-7  the compensation to victims of crime fund established under Article
    5-8  56.54.
    5-9        Art. 56.102.  WITHHOLDING OF INCOME.  (a)  A court may order
   5-10  the withholding of income from the disposable earnings of a
   5-11  defendant to:
   5-12              (1)  pay restitution to a victim of the defendant's
   5-13  offense if:
   5-14                    (A)  the defendant is required to pay restitution
   5-15  to the victim under Article 42.037; and
   5-16                    (B)  the attorney representing the state agrees
   5-17  to the withholding; or
   5-18              (2)  reimburse the fund for the amount paid from the
   5-19  fund to a victim of the defendant's offense if the court requires
   5-20  the reimbursement of the fund under Article 42.037.
   5-21        (b)  Unless the court finds good cause to require otherwise,
   5-22  the court shall require that money withheld for the:
   5-23              (1)  restitution of a victim be paid to the victim
   5-24  through the community supervision and corrections department
   5-25  supervising the defendant or the pardons and paroles division of
    6-1  the Texas Department of Criminal Justice; or
    6-2              (2)  reimbursement of the fund be paid to the fund
    6-3  through the office of the attorney general.
    6-4        Art. 56.103.  ARREARAGES.  (a)(1)  The attorney representing
    6-5  the state may file with the court that issued the order for payment
    6-6  of restitution or reimbursement a motion requesting withholding of
    6-7  income from the disposable earnings of a defendant for restitution
    6-8  to a victim or for reimbursement of the fund if the payment is a
    6-9  condition of community supervision and if at the time the motion is
   6-10  filed the defendant:
   6-11                    (A)  is shown to have been in arrears for at
   6-12  least 30 days for some portion of the amount due to the victim or
   6-13  the fund; and
   6-14                    (B)  is currently in arrears for an amount equal
   6-15  to or greater than the amount due for a 30-day period.
   6-16              (2)  The attorney general may file with the court that
   6-17  issued the order for payment a motion requesting withholding of
   6-18  income from the disposable earnings of a defendant for payment of
   6-19  restitution to a victim or reimbursement of the fund if the payment
   6-20  is a condition of parole or mandatory supervision and if at the
   6-21  time the motion is filed the defendant:
   6-22                    (A)  is shown to have been in arrears for at
   6-23  least 30 days for some portion of the amount due to the victim or
   6-24  the fund; and
   6-25                    (B)  is currently in arrears for an amount equal
    7-1  to or greater than the amount due for a 30-day period.
    7-2        (b)  In other appropriate circumstances, a court may order
    7-3  the withholding of income from the disposable earnings of a
    7-4  defendant for the arrears in payments of restitution to a victim or
    7-5  reimbursement of the fund, including interest as provided by
    7-6  Article 56.82.
    7-7        (c)  Subject to the maximum amount authorized to be withheld
    7-8  under Article 56.105, the additional amount to be withheld monthly
    7-9  and to be applied towards arrears is the greater of the amount that
   7-10  will:
   7-11              (1)  discharge the arrears in two years; or
   7-12              (2)  add 20 percent to the current monthly payment
   7-13  amount.
   7-14        (d)  Subject to the maximum amount authorized to be withheld
   7-15  under Article 56.105, if the period for periodic payments of
   7-16  restitution or reimbursement has expired and the defendant owes
   7-17  arrears in restitution or reimbursement payments, the court shall
   7-18  order the monthly withholding of the defendant's income to pay the
   7-19  arrears, including interest, in an amount to fully discharge the
   7-20  arrears in not more than two years.
   7-21        (e)  If the_court finds that the amount withheld under
   7-22  Subsection (d) would cause the defendant or the defendant's family
   7-23  to suffer unreasonable hardship, the court may extend the period of
   7-24  withholding for a reasonable length of time.
   7-25        Art. 56.104.  ORDER OF WITHHOLDING.  (a)  An order
    8-1  withholding income must contain:
    8-2              (1)  the style, docket number, and court having
    8-3  continuing jurisdiction of the defendant's case giving rise to the
    8-4  obligation to pay restitution or reimbursement;
    8-5              (2)  the name, address, and, if available, the social
    8-6  security number and date of birth of the defendant;
    8-7              (3)  the amount, including accrued interest, and
    8-8  duration of the restitution or reimbursement payments;
    8-9              (4)  the name, address, and telephone number of the
   8-10  person to whom the payments are made; and
   8-11              (5)  any other necessary information.
   8-12        (b)  The court shall order the defendant to notify the court
   8-13  promptly of any change affecting the order or the amount ordered to
   8-14  be withheld.
   8-15        Art. 56.105.  AMOUNT WITHHELD FROM INCOME.  The court shall
   8-16  enter an order directing an employer of the defendant to withhold
   8-17  from the defendant's disposable earnings the amount specified in
   8-18  the order up to a maximum amount of 50 percent of the defendant's
   8-19  disposable earnings.
   8-20        Art. 56.106.  ISSUANCE OF ORDER.  (a)(1)  If the payment of
   8-21  restitution or reimbursement is a condition of community
   8-22  supervision, the clerk of the court shall cause a certified copy of
   8-23  the order withholding income from earnings to be delivered to the
   8-24  defendant's current employer or to any subsequent employer of the
   8-25  defendant on request of the victim or the attorney representing the
    9-1  state.  The person making the request must include the name and
    9-2  address of the employer in the request.
    9-3              (2)  If payment of restitution or reimbursement is a
    9-4  condition of parole or mandatory supervision, the clerk of the
    9-5  court shall cause a certified copy of the order withholding income
    9-6  from earnings to be delivered to the defendant's current employer
    9-7  or to any subsequent employer of the defendant on request of the
    9-8  attorney general or the victim.  The person making the request must
    9-9  include the name and address of the employer in the request.
   9-10        (b)  The clerk shall attach a copy of this subchapter to the
   9-11  order for the information of the employer.
   9-12        (c)  The clerk shall issue and mail the certified copy of the
   9-13  order not later than the 10th working day after the date the order
   9-14  is signed or the request is filed, whichever is later.
   9-15        (d)  The requirements of Subsection (c) are satisfied if the
   9-16  certified copy of the order is transferred electronically.
   9-17        Art. 56.107.  NOTICE AND EFFECTIVE DATE OF ORDER.  (a)  The
   9-18  employer shall begin to withhold income in accordance with an order
   9-19  issued under this subchapter not later than the first pay period
   9-20  after the date the order was delivered to the employer and shall
   9-21  continue to withhold income as long as the defendant is employed by
   9-22  the employer.
   9-23        (b)  An order issued under this subchapter that is delivered
   9-24  to an employer that does business in this state is binding on the
   9-25  employer without regard to whether the defendant resides or works
   10-1  outside the state.
   10-2        (c)  Delivery of the order to the employer must be by:
   10-3              (1)  certified or registered mail, return receipt
   10-4  requested, to:
   10-5                    (A)  the person authorized to receive service of
   10-6  process in civil cases generally; or
   10-7                    (B)  a person designated by the employer to
   10-8  receive notices of delinquency by written notice to the clerk of
   10-9  the appropriate court; or
  10-10              (2)  the service of citation as provided by the Texas
  10-11  Rules of Civil Procedure.
  10-12        (d)  After the effective date of the order, the amount to be
  10-13  withheld must be remitted to the person specified in the payment
  10-14  order on each payment date.  The payment must include the date on
  10-15  which the withholding occurred.
  10-16        Art. 56.108.  FEES.  (a)  The employer may deduct an
  10-17  administrative fee of not more than $5 per month from the
  10-18  defendant's disposable earnings in addition to the amount to be
  10-19  withheld as payment of restitution or reimbursement.
  10-20        (b)  The clerk of the court may charge a person who requests
  10-21  an order a reasonable fee not to exceed $15 for each order issued
  10-22  and delivered to an employer by mail.
  10-23        Art. 56.109.  HEARING REQUEST BY EMPLOYER.  (a)  Not later
  10-24  than the 20th day after the date an order of income withholding is
  10-25  received, the employer may file a motion for a hearing on the
   11-1  applicability of the order to the employer.
   11-2        (b)  The hearing must be held not later than the 15th day
   11-3  after the date the motion is filed.
   11-4        (c)  The order is binding on the employer pending further
   11-5  order of the court.
   11-6        Art. 56.110.  PRIORITY OF WITHHOLDING.  An order made under
   11-7  this subchapter has priority over any garnishment, attachment,
   11-8  execution, or other assignment or order affecting disposable
   11-9  earnings, except an order enforcing the payment of child support.
  11-10        Art. 56.111.  LIABILITY OF EMPLOYER FOR PAYMENTS.  (a)  An
  11-11  employer who receives an order under this subchapter and complies
  11-12  with the order is not liable to the defendant for the amount of
  11-13  income withheld and paid as provided by the order.
  11-14        (b)  An employer who receives an order of withholding under
  11-15  this subchapter and does not comply with the order is liable for
  11-16  reasonable attorney's fees and court costs as provided by
  11-17  Subsection (c) and is liable to:
  11-18              (1)  the victim or fund named in the order for the
  11-19  amount not paid in compliance with the order; or
  11-20              (2)  the defendant for the amount withheld and not
  11-21  paid.
  11-22        (c)  Reasonable attorney's fees may be assessed, ordered
  11-23  paid, and collected as any lawful debt based on the actions of
  11-24  employees of the:
  11-25              (1)  attorney representing the victim;
   12-1              (2)  attorney general;
   12-2              (3)  community supervision and corrections department
   12-3  supervising the defendant; or
   12-4              (4)  pardons and paroles division of the Texas
   12-5  Department of Criminal Justice.
   12-6        (d)  An employer receiving two or more orders on any named
   12-7  defendant shall comply with every order to the maximum extent
   12-8  possible.  If the total amount to be withheld in the orders exceeds
   12-9  the maximum amount allowable for withholding under Article 56.105,
  12-10  the employer shall first pay an equal amount towards the current
  12-11  restitution or reimbursement amount of all orders until the
  12-12  employer complies with each order.   The employer shall then pay
  12-13  equal amounts, the total amount not exceeding the amount provided
  12-14  by Article 56.105, on the arrearage portion of all orders until the
  12-15  employer complies with each order.
  12-16        (e)  If an employer is ordered to withhold income from more
  12-17  than one defendant, the employer may combine the amounts withheld
  12-18  from the defendants' wages and make a single payment to each
  12-19  appropriate person if the employer separately identifies the amount
  12-20  of the payment that is attributable to each defendant.
  12-21        Art. 56.112.  EMPLOYER'S PENALTY FOR DISCRIMINATORY HIRING OR
  12-22  DISCHARGE.  (a)  An employer may not use an order authorized by
  12-23  this subchapter as grounds in whole or in part for the termination
  12-24  of employment or for any other disciplinary action against an
  12-25  employee.
   13-1        (b)  An employer may not refuse to hire an employee because
   13-2  of an order withholding income.
   13-3        (c)  If an employer intentionally discharges an employee in
   13-4  violation of this article, the employer is liable to the employee
   13-5  for:
   13-6              (1)  current and accruing wages and other benefits; and
   13-7              (2)  reasonable attorney's fees and court costs
   13-8  incurred by the employee in enforcing the employee's rights under
   13-9  this article.
  13-10        (d)  An action under this article may be brought only by the
  13-11  employee.
  13-12        Art. 56.113.  CIVIL PENALTY.  (a)  In addition to the
  13-13  remedies provided by Articles 56.111 and 56.112 or any other remedy
  13-14  provided by law, an employer who knowingly violates a court order
  13-15  to withhold income is liable for a civil penalty not to exceed $500
  13-16  for each occurrence in which the employer fails to withhold income.
  13-17        (b)  The attorney general may file a civil action to collect
  13-18  a civil penalty under this article.
  13-19        (c)  A civil penalty recovered under this article must be
  13-20  paid to the victim or fund entitled to restitution or reimbursement
  13-21  and credited against any amounts owed to the victim or fund by the
  13-22  defendant.
  13-23        Art. 56.114.  NOTICE OF TERMINATION OF EMPLOYMENT AND NEW
  13-24  EMPLOYMENT.  (a)  If a defendant terminates employment with an
  13-25  employer who has been withholding income, the defendant and the
   14-1  employer shall, not later than the seventh day after the date of
   14-2  termination:
   14-3              (1)  notify the court and the person to whom payments
   14-4  are ordered to be made; and
   14-5              (2)  provide the defendant's last known address and the
   14-6  name and address of the defendant's new employer, if known.
   14-7        (b)  The defendant has a continuing duty to inform any
   14-8  subsequent employer of the income withholding order after obtaining
   14-9  employment.
  14-10        Art. 56.115.  NOTICE OF TERMINATION OR REDUCTION OF
  14-11  WITHHOLDING.  Notwithstanding Article 56.107, if a court orders the
  14-12  termination of withholding or the reduction of the amount to be
  14-13  withheld in payment of restitution or reimbursement under this
  14-14  subchapter, any person may deliver to the employer a certified copy
  14-15  of the order.
  14-16        Art. 56.116.  FORM OF ORDER WITHHOLDING INCOME.  (a)  The
  14-17  attorney general shall adopt by rule a form for the order
  14-18  withholding income under this subchapter.
  14-19        (b)  An order withholding income entered by a court is
  14-20  sufficient if the order is substantially the same as the form.
  14-21        (c)  The attorney general may adopt additional forms to
  14-22  facilitate efficient collection of restitution to a victim or
  14-23  reimbursement of the fund.
  14-24        Art. 56.117.  TIME LIMITATIONS.  The court retains
  14-25  jurisdiction to enter an order that provides for income to be
   15-1  withheld from the disposable earnings of the defendant if the
   15-2  motion for income withholding is filed before the fourth
   15-3  anniversary of the date:
   15-4              (1)  the obligation to pay restitution or reimbursement
   15-5  terminates under the order imposing the obligation; or
   15-6              (2)  an order withholding income was entered under this
   15-7  subchapter, if the arrears in payments under the order, including
   15-8  accrued interest, have not been fully discharged.
   15-9             SUBCHAPTER E.  ELIGIBILITY FOR CERTAIN STATE FUNDS
  15-10                       DUE TO DELINQUENT PAYMENT
  15-11        Art. 56.131.  DEFINITION.  In this subchapter, "fund" means
  15-12  the compensation to victims of crime fund established under Article
  15-13  56.54.
  15-14        Art. 56.132. INELIGIBILITY TO RECEIVE STATE GRANTS OR LOANS
  15-15  OR BID ON STATE CONTRACTS.  (a)  A defendant ordered to pay
  15-16  restitution to a victim of the defendant's offense or reimbursement
  15-17  to the fund under Article 42.037 who is more than 30 days
  15-18  delinquent in making a payment of restitution or reimbursement is
  15-19  not eligible to:
  15-20              (1)  submit a bid or enter into a contract to provide
  15-21  property, materials, or services under a contract with the state or
  15-22  any political subdivision of the state; or
  15-23              (2)  receive a state-funded grant or loan.
  15-24        (b)  A sole proprietorship, partnership, corporation, or
  15-25  other associative entity in which a sole proprietor, partner,
   16-1  majority shareholder, or substantial owner is a defendant described
   16-2  by Subsection (a) may not:
   16-3              (1)  bid on a state contract; or
   16-4              (2)  receive a state-funded grant or loan.
   16-5        Art. 56.133.  ELIGIBILITY REINSTATED.  A defendant ordered to
   16-6  pay restitution to a victim or reimbursement to the fund remains
   16-7  ineligible to submit a bid on or enter into a state contract or
   16-8  apply for a state-funded grant or loan until:
   16-9              (1)  all arrearages in restitution or reimbursement,
  16-10  including accrued interest, have been paid; or
  16-11              (2)  the defendant is in compliance with a written
  16-12  repayment agreement or court order for any existing delinquency.
  16-13        Art. 56.134.  STATEMENT OF ELIGIBILITY REQUIRED.  Each bidder
  16-14  for a state contract or applicant for a state-funded loan or grant
  16-15  shall submit a signed, sworn statement accompanying any bid or
  16-16  application affirming that the bidder or applicant is not 30 or
  16-17  more days delinquent in paying restitution to a victim or
  16-18  reimbursement to the fund under a court order or a written
  16-19  repayment agreement.
  16-20        Art. 56.135.  RULES; FORMS.  The attorney general and the
  16-21  General Services Commission may adopt rules or prescribe forms to
  16-22  implement any provision of this subchapter.
  16-23        SECTION 2.  Subsection (a), Article 56.02, Code of Criminal
  16-24  Procedure, is amended to read as follows:
  16-25        (a)  A victim, guardian of a victim, or close relative of a
   17-1  deceased victim is entitled to the following rights within the
   17-2  criminal justice system:
   17-3              (1)  the right to receive from law enforcement agencies
   17-4  adequate protection from harm and threats of harm arising from
   17-5  cooperation with prosecution efforts;
   17-6              (2)  the right to have the magistrate take the safety
   17-7  of the victim or his family into consideration as an element in
   17-8  fixing the amount of bail for the accused;
   17-9              (3)  the right, if requested, to be informed of
  17-10  relevant court proceedings and to be informed if those court
  17-11  proceedings have been canceled or rescheduled prior to the event;
  17-12              (4)  the right to be informed, when requested, by a
  17-13  peace officer concerning the defendant's right to bail and the
  17-14  procedures in criminal investigations and by the district
  17-15  attorney's office concerning the general procedures in the criminal
  17-16  justice system, including general procedures in guilty plea
  17-17  negotiations and arrangements, restitution, and the appeals and
  17-18  parole process;
  17-19              (5)  the right to provide pertinent information to a
  17-20  probation department conducting a presentencing investigation
  17-21  concerning the impact of the offense on the victim and his family
  17-22  by testimony, written statement, or any other manner prior to any
  17-23  sentencing of the offender;
  17-24              (6)  the right to receive information regarding
  17-25  compensation to victims of crime as provided by Subchapter B <the
   18-1  Crime Victims Compensation Act (Article 8309-1, Vernon's Texas
   18-2  Civil Statutes)>, including information related to the costs that
   18-3  may be compensated under that subchapter <Act> and the amount of
   18-4  compensation, eligibility for compensation, and procedures for
   18-5  application for compensation under that subchapter <Act>, the
   18-6  payment for a medical examination under Article 56.06 of this code
   18-7  for a victim of a sexual assault, and when requested, to referral
   18-8  to available social service agencies that may offer additional
   18-9  assistance;
  18-10              (7)  the right to be informed, upon request, of parole
  18-11  procedures, to participate in the parole process, to be notified,
  18-12  if requested, of parole proceedings concerning a defendant in the
  18-13  victim's case, to provide to the Board of Pardons and Paroles  for
  18-14  inclusion in the defendant's file information to be considered by
  18-15  the board prior to the parole of any defendant convicted of any
  18-16  crime subject to this Act, and to be notified, if requested, of the
  18-17  defendant's release;
  18-18              (8)  the right to be provided with a waiting area,
  18-19  separate or secure from other witnesses, including the offender and
  18-20  relatives of the offender, before testifying in any proceeding
  18-21  concerning the offender; if a separate waiting area is not
  18-22  available, other safeguards should be taken to minimize the
  18-23  victim's contact with the offender and the offender's relatives and
  18-24  witnesses, before and during court proceedings;
  18-25              (9)  the right to prompt return of any property of the
   19-1  victim that is held by a law enforcement agency or the attorney for
   19-2  the state as evidence when the property is no longer required for
   19-3  that purpose;
   19-4              (10)  the right to have the attorney for the state
   19-5  notify the employer of the victim, if requested, of the necessity
   19-6  of the victim's cooperation and testimony in a proceeding that may
   19-7  necessitate the absence of the victim from work for good cause;
   19-8  <and>
   19-9              (11)  the right to counseling, on request, regarding
  19-10  acquired immune deficiency syndrome (AIDS) and human
  19-11  immunodeficiency virus (HIV) infection and testing for acquired
  19-12  immune deficiency syndrome (AIDS), human immunodeficiency virus
  19-13  (HIV) infection, antibodies to HIV, or infection with any other
  19-14  probable causative agent of AIDS, if the offense is an offense
  19-15  under Section 21.11(a)(1), 22.011, or 22.021, Penal Code; and
  19-16              (12)  the right to have a defendant's income withheld
  19-17  to pay restitution to the victim of the defendant's offense.
  19-18        SECTION 3.  Subsection (a), Section 466.407, Government Code,
  19-19  as amended by Section 29, Chapter 284, Acts of the 73rd
  19-20  Legislature, 1993, is amended to read as follows:
  19-21        (a)  The director shall deduct the amount of a delinquent tax
  19-22  or other money from the winnings of a person who has been finally
  19-23  determined to be:
  19-24              (1)  delinquent in the payment of a tax or other money
  19-25  collected by the comptroller, the state treasurer, or the Texas
   20-1  Alcoholic Beverage Commission;
   20-2              (2)  delinquent in making child support payments
   20-3  administered or collected by the attorney general;
   20-4              (3)  in default on a loan made under Chapter 52,
   20-5  Education Code; <or>
   20-6              (4)  in default on a loan guaranteed under Chapter 57,
   20-7  Education Code; or
   20-8              (5)  delinquent in making restitution payments to a
   20-9  victim as that term is defined in Article 56.32, Code of Criminal
  20-10  Procedure, or in making reimbursement payments to the compensation
  20-11  to victims of crime fund established under Article 56.54, Code of
  20-12  Criminal Procedure.
  20-13        SECTION 4.  This Act takes effect December 1, 1995, but only
  20-14  if the constitutional amendment relating to the garnishment of
  20-15  wages for restitution in a criminal judgment and reimbursement to
  20-16  the state for compensation to victims of crime proposed by the 74th
  20-17  Legislature, Regular Session, 1995, is approved by the voters.  If
  20-18  that amendment is not approved by the voters, this Act has no
  20-19  effect.
  20-20        SECTION 5.  The importance of this legislation and the
  20-21  crowded condition of the calendars in both houses create an
  20-22  emergency and an imperative public necessity that the
  20-23  constitutional rule requiring bills to be read on three several
  20-24  days in each house be suspended, and this rule is hereby suspended.