SRC-AAA S.B. 673 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 673
By: Brown
Jurisprudence
3-4-97
As Filed


DIGEST 

Currently,  in order to garnish the funds held in the inmate trust fund
account in accordance with a judgment obtained in a court of law against a
Texas Department of Criminal Justice (TDCJ) inmate, the legislature must
waive the state's sovereign immunity to suit.  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. 

PURPOSE

As proposed, S.B. 673 authorizes garnishment of money held in an inmate
trust fund. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

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.  Authorizes a
writ of garnishment to be issued against an inmate trust fund 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.  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. Makes application of this Act prospective.

SECTION 3. Effective date: September 1, 1997.

SECTION 4. Emergency clause.