By Jones of Dallas                              H.B. No. 3101

      75R7512 KEL-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to reimbursement of the Texas Department of Human Services

 1-3     from an inmate's trust fund.

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

 1-5           SECTION 1.  Section 501.014(e), Government Code, is amended

 1-6     to read as follows:

 1-7           (e)  On notification by a court, the institutional division

 1-8     shall withdraw from an inmate's trust fund any amount the inmate is

 1-9     ordered to pay by order of the court for child support,

1-10     restitution, reimbursement for financial assistance provided under

1-11     Chapter 31, Human Resources Code, to a child of the inmate, fines,

1-12     and court  costs.  The institutional division shall make a payment

1-13     under this subsection as ordered by the court to either the court

1-14     or the party specified in the court order.  The institutional

1-15     division and the department are not liable for withdrawing or

1-16     failing to withdraw money or making payments or failing to make

1-17     payments under this subsection.  The institutional division shall

1-18     make withdrawals and payments from an inmate's trust fund under

1-19     this subsection according to the following schedule of priorities:

1-20                 (1)  as payment in full for all orders for child

1-21     support;

1-22                 (2)  as payment in full for all orders for restitution;

1-23                 (3)  as payment in full for all orders for

1-24     reimbursement of the Texas Department of Human Services for

 2-1     financial assistance provided under  Chapter 31, Human Resources

 2-2     Code, to a child of the inmate;

 2-3                 (4)  as payment in full for all orders for fines; and

 2-4                 (5) [(4)]  as payment in full for all orders for court

 2-5     costs.

 2-6           SECTION 2.  This Act takes effect on September 1, 1997.

 2-7           SECTION 3.  The importance of this legislation and the

 2-8     crowded condition of the calendars in both houses create an

 2-9     emergency and an imperative public necessity that the

2-10     constitutional rule requiring bills to be read on three several

2-11     days in each house be suspended, and this rule is hereby suspended.