1-1 By: Jones of Dallas (Senate Sponsor - Carona) H.B. No. 3101
1-2 (In the Senate - Received from the House May 12, 1997;
1-3 May 13, 1997, read first time and referred to Committee on
1-4 Jurisprudence; May 15, 1997, reported favorably by the following
1-5 vote: Yeas 6, Nays 0; May 15, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to reimbursement of the Texas Department of Human Services
1-9 from an inmate's trust fund.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 501.014(e), Government Code, is amended
1-12 to read as follows:
1-13 (e) On notification by a court, the institutional division
1-14 shall withdraw from an inmate's trust fund any amount the inmate is
1-15 ordered to pay by order of the court for child support,
1-16 restitution, reimbursement for financial assistance provided for
1-17 the child's health needs under Chapter 31, Human Resources Code, to
1-18 a child of the inmate, fines, and court costs. The institutional
1-19 division shall make a payment under this subsection as ordered by
1-20 the court to either the court or the party specified in the court
1-21 order. The institutional division and the department are not
1-22 liable for withdrawing or failing to withdraw money or making
1-23 payments or failing to make payments under this subsection. The
1-24 institutional division shall make withdrawals and payments from an
1-25 inmate's trust fund under this subsection according to the
1-26 following schedule of priorities:
1-27 (1) as payment in full for all orders for child
1-28 support;
1-29 (2) as payment in full for all orders for restitution;
1-30 (3) as payment in full for all orders for
1-31 reimbursement of the Texas Department of Human Services for
1-32 financial assistance provided for the child's health needs under
1-33 Chapter 31, Human Resources Code, to a child of the inmate;
1-34 (4) as payment in full for all orders for fines; and
1-35 (5) [(4)] as payment in full for all orders for court
1-36 costs.
1-37 SECTION 2. This Act takes effect on September 1, 1997.
1-38 SECTION 3. The importance of this legislation and the
1-39 crowded condition of the calendars in both houses create an
1-40 emergency and an imperative public necessity that the
1-41 constitutional rule requiring bills to be read on three several
1-42 days in each house be suspended, and this rule is hereby suspended.
1-43 * * * * *