By Cuellar of Webb                                     H.B. No. 114

      75R1015 PEP-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to an inmate's liability for the inmate's cost of

 1-3     confinement in a county jail or the institutional division.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter A, Chapter 501, Government Code, is

 1-6     amended by adding Section 501.0171 to read as follows:

 1-7           Sec. 501.0171.  INMATE'S LIABILITY FOR COST OF CONFINEMENT.

 1-8     (a)  An inmate of the institutional division is liable for the cost

 1-9     of the inmate's confinement in the division, including the cost of

1-10     food, housing, and any program in which the inmate participates.

1-11           (b)  If the institutional division and an inmate do not agree

1-12     to the amount of the inmate's liability under this section, the

1-13     inmate or the division may file a civil action in a district court

1-14     to determine the amount of the inmate's liability.

1-15           (c)  By agreement with the institutional division, an inmate

1-16     may pay for part or all of the inmate's cost of confinement by

1-17     performing community service or work after release from the

1-18     division.

1-19           (d)  The institutional division may waive an inmate's

1-20     liability for the cost of confinement if the division determines

1-21     that it is in the best interest of the inmate and of the public.

1-22           (e)  The board shall adopt rules necessary to implement this

1-23     section.

1-24           SECTION 2.  Section 104.002, Code of Criminal Procedure, is

 2-1     amended by adding Subsection (e) to read as follows:

 2-2           (e)  A county shall require an inmate of a county jail to pay

 2-3     for the cost of the inmate's confinement in the jail, including the

 2-4     cost of food, housing, and any program in which the inmate

 2-5     participates.  If the county and an inmate do not agree to the

 2-6     amount of the inmate's liability under this section, the inmate or

 2-7     the county may file a civil action in a district court to determine

 2-8     the amount of the inmate's liability.  By agreement with the

 2-9     county, an inmate may pay for part or all of the inmate's cost of

2-10     confinement by performing community service or work after release

2-11     from the jail.  The county may waive an inmate's liability for the

2-12     cost of confinement if the county determines that it is in the best

2-13     interest of the inmate and of the public.  The commissioners court

2-14     shall adopt rules necessary to implement this subsection.

2-15           SECTION 3.  (a)  The change in law made by this Act applies

2-16     only to an inmate who is confined in the institutional division or

2-17     a county jail for an offense committed on or after the effective

2-18     date of this Act.  For purposes of this section, an offense is

2-19     committed before the effective date of this Act if any element of

2-20     the offense occurs before the effective date.

2-21           (b)  An inmate who is confined in the institutional division

2-22     or a county jail for an offense committed before the effective date

2-23     of this Act is covered by the law in effect when the offense was

2-24     committed, and the former law is continued in effect for that

2-25     purpose.

2-26           SECTION 4.  This Act takes effect September 1, 1997.

2-27           SECTION 5.  The importance of this legislation and the

 3-1     crowded condition of the calendars in both houses create an

 3-2     emergency   and   an   imperative   public   necessity   that   the

 3-3     constitutional rule requiring bills to be read on three several

 3-4     days in each house be suspended, and this rule is hereby suspended.