SGN C.S.S.B. 673 75(R)BILL ANALYSIS


CORRECTIONS
C.S.S.B. 673
By: Brown (Bonnen)
4-9-97
Committee Report (Substituted)

BACKGROUND 

The Inmate Trust Fund is a fund created by statute into which inmates in
the custody of the Texas Department of Criminal Justice deposit their
money.  The account is used by the inmates for personal purchases inside
the prison and serves as their bank.  Because the fund is administered by
the Texas Department of Criminal Justice on behalf of the inmates, it is
considered a state fund and, therefore, protected by the state's sovereign
immunity.  Currently, in order to garnish funds held in an inmate trust
fund account in accordance with a judgement obtained in a court of law
against a TDCJ inmate, the Legislature must waive the state's sovereign
immunity to suit. 

PURPOSE

C.S.S.B. 673 waives the state's sovereign immunity from suit for the sole
purpose of allowing a writ of garnishment to be issued against an inmate
trust fund controlled by TDCJ.  C.S.S.B. 673 also changes the priority for
withdrawals from an inmate trust fund account. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 63, Civil Practice and Remedies Code, by adding
Section 63.006 as follows: 

Sec. 63.006.  GARNISHMENT OF FUNDS HELD IN INMATE TRUST FUND ACCOUNT.

(a)  Authorizes a writ of garnishment to be issued against an inmate trust
fund account held under the authority of the Texas Department of Criminal
Justice under Section 501.014, Government Code, to encumber money held for
the benefit of an inmate in the fund. 

(b)  Provides that the state waives its sovereign immunity to suit only to
the extent necessary to authorize a garnishment action in accordance with
this section.  

SECTION 2.  Amends Section 501.014 (e) and (f), Government Code, as
follows: 

(e)  Changes references from the institutional division to the department
and provides that withdrawals and payments from an inmate's trust fund
account under this subsection be made according to the following schedule
of priorities:  as payment in full for all orders for child support;
restitution; court fees and costs; fines; and as payment in full for any
other court order, judgment, or writ. 

(f) Changes reference from the institutional division to the department
and adds that the department may withdraw funds from an inmate trust fund
account for certain circumstances. Adds the ability to transfer funds
deposited in violation of law or department policy to the list of
circumstances.   
 
SECTION 3.  Makes application of this Act prospective.

 SECTION 4.  Effective Date: September 1, 1997.

SECTION 5.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute adds a new Section relating to the maintenance of inmate
trust fund accounts and changes the schedule of priorities for withdrawals
and payments from inmate trust fund accounts. Payment in full for any
other court order, judgment, or writ is added to the schedule of
priorities. The substitute also adds that the department may withdraw
funds for certain circumstances and adds the ability to transfer funds
deposited in violation of law or department policy to the list of
circumstances.