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.

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