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.