By:  Whitmire, Patterson, Truan                        S.B. No. 250

              Nelson, Brown, West

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the repeal of release to mandatory supervision and to

 1-2     parole procedures applicable to certain inmates of the Texas

 1-3     Department of Criminal Justice.

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

 1-5           SECTION 1.  The article heading of Article 42.18, Code of

 1-6     Criminal Procedure, is amended to read as follows:

 1-7           Art. 42.18.  ADULT PAROLE [AND MANDATORY SUPERVISION] LAW

 1-8           SECTION 2.  Section 1, Article 42.18, Code of Criminal

 1-9     Procedure, is amended to read as follows:

1-10           Sec. 1.  INTENT.  It is the intent of this article to provide

1-11     for the release of appropriate persons on parole and[,] to

1-12     designate the Board of Pardons and Paroles as the exclusive

1-13     authority to determine paroles[, and to aid all prisoners to

1-14     readjust to society upon completion of their period of

1-15     incarceration by providing a program of mandatory supervision for

1-16     those prisoners not released on parole or through executive

1-17     clemency].  It is the final intent of this article to remove from

1-18     existing statutes the limitations, other than questions of

1-19     constitutionality, that have acted as barriers to an effective

1-20     system [systems] of parole [and mandatory supervision] in the

1-21     public interest.

1-22           SECTION 3.  Section 2, Article 42.18, Code of Criminal

1-23     Procedure, is amended to read as follows:

 2-1           Sec. 2.  DEFINITIONS.  In this article:

 2-2                 (1)  "Parole" means the [discretionary and] conditional

 2-3     release of an eligible prisoner sentenced to the institutional

 2-4     division so that the prisoner may serve the remainder of his

 2-5     sentence under the supervision and control of the pardons and

 2-6     paroles division.  Except for a release under Section 8(c), a

 2-7     release on parole is a discretionary release.  Parole shall not be

 2-8     construed to mean a commutation of sentence or any other form of

 2-9     executive clemency.

2-10                 (2)  ["Mandatory supervision" means the release of an

2-11     eligible prisoner sentenced to the institutional division so that

2-12     the prisoner may serve the remainder of his sentence not on parole

2-13     but under the supervision and control of the pardons and paroles

2-14     division.  Mandatory supervision may not be construed as a

2-15     commutation of sentence or any other form of executive clemency.]

2-16                 [(3)]  "Parole officer" means a person duly appointed

2-17     by the director and assigned the duties of assessment of risks and

2-18     needs, investigation, case management, and supervision of paroled

2-19     prisoners [and prisoners released to mandatory supervision] to see

2-20     that parolees [and mandatory supervision releasees] are complying

2-21     with the conditions of parole [or mandatory supervision, as

2-22     applicable].

2-23                 (3) [(4)]  "Board" means the Board of Pardons and

2-24     Paroles.

2-25                 (4) [(5)]  "Director" means the director of the pardons

 3-1     and paroles division.

 3-2                 (5) [(6)]  "Community supervision and corrections

 3-3     department" means a department established by a district judge or

 3-4     district judges under Article 42.131 of this code.

 3-5                 (6) [(7)]  "Institutional division" means the

 3-6     institutional division of the Texas Department of Criminal Justice.

 3-7                 (7) [(8)]  "Division" means the pardons and paroles

 3-8     division of the Texas Department of Criminal Justice.

 3-9                 (8) [(9)]  "Department" means the Texas Department of

3-10     Criminal Justice.

3-11           SECTION 4.  Subsections (a), (b), (c), and (e), Section 7,

3-12     Article 42.18, Code of Criminal Procedure, are amended to read as

3-13     follows:

3-14           (a)  The members of the board shall:

3-15                 (1)  determine under [Sections 8(a)-(f) of] this

3-16     article which prisoners are to be released on parole;

3-17                 (2)  determine under [Sections 8(g) and (j) of] this

3-18     article conditions of parole [and mandatory supervision];

3-19                 (3)  perform the constitutional duties imposed on the

3-20     board by Article IV, Section 11, of the Texas Constitution;

3-21                 (4)  determine which prisoners may be released from

3-22     supervision and reporting under Section 15 of this article; and

3-23                 (5)  determine under Section 14 of this article the

3-24     revocation of parole [and mandatory supervision].

3-25           (b)  A parole panel, as provided in Subsection (e) of this

 4-1     section, may grant, deny, or revoke parole[, revoke mandatory

 4-2     supervision status,] and conduct parole revocation hearings [and

 4-3     mandatory supervision revocation hearings].

 4-4           (c)  The board shall develop and implement a policy that

 4-5     clearly defines circumstances under which a board member should

 4-6     disqualify himself from voting on a parole decision or on a

 4-7     decision to revoke parole [or mandatory supervision].

 4-8           (e)  Except as provided by Subsection (g) of this section, in

 4-9     matters of parole[, release to mandatory supervision,] and

4-10     revocation of parole [or mandatory supervision], the board members

4-11     shall act in panels comprised of three persons in each panel.  The

4-12     composition of the respective panels shall be designated by the

4-13     chairman of the board.  A majority of each panel shall constitute a

4-14     quorum for the transaction of its business, and its decisions shall

4-15     be by majority vote.  The members of a panel are not required to

4-16     meet as a body to perform the members' duties as prescribed by this

4-17     article, except to conduct a hearing as provided by Section 14 of

4-18     this article.

4-19           SECTION 5.  Section 8, Article 42.18, Code of Criminal

4-20     Procedure, as amended by Section 1, Chapter 397, and Section 3.03,

4-21     Chapter 988, Acts of the 74th Legislature, 1995, is amended to read

4-22     as follows:

4-23           Sec. 8.  ELIGIBILITY FOR RELEASE; CONDITIONS ON RELEASE.

4-24     (a)  A parole panel is authorized to release on parole any person

4-25     confined in any penal or correctional institution who is eligible

 5-1     for parole under this section.  A parole panel may consider a

 5-2     person for release on parole if the person has been sentenced to a

 5-3     term of imprisonment in the institutional division, is confined in

 5-4     a jail in this state, a federal correctional institution, or a jail

 5-5     or a correctional institution in another state, and is eligible for

 5-6     parole.  A parole panel may release a person on parole during the

 5-7     parole month established for the person if the panel determines

 5-8     that the person's release will not increase the likelihood of harm

 5-9     to the public.  The institutional division shall provide the board

5-10     with sentence time credit information on persons described in this

5-11     subsection.  Good time credit shall be calculated for a person as

5-12     if the person were confined in the institutional division during

5-13     the entire time the person was actually confined.  The period of

5-14     parole shall be equivalent to the maximum term for which the

5-15     prisoner was sentenced less calendar time actually served on the

5-16     sentence.  Every prisoner while on parole shall remain in the legal

5-17     custody of the pardons and paroles division and shall be amenable

5-18     to conditions of supervision ordered by a parole panel under this

5-19     article.  All paroles shall issue upon order of a parole panel.

5-20           (b)(1)  A prisoner under sentence of death is not eligible

5-21     for parole.

5-22                 (2)  If a prisoner is serving a life sentence for a

5-23     capital felony, the prisoner is not eligible for release on parole

5-24     until the actual calendar time the prisoner has served, without

5-25     consideration of good conduct time, equals 40 calendar years.  If a

 6-1     prisoner is serving a life sentence imposed under Section

 6-2     12.42(d)(2), Penal Code, the prisoner is not eligible for release

 6-3     on parole until the actual calendar time the prisoner has served,

 6-4     without consideration of good conduct time, equals 35 calendar

 6-5     years.

 6-6                 (3)  If a prisoner is serving a sentence for the

 6-7     offenses described by Subdivision (1)(A), (C), (D), (E), (F), [or]

 6-8     (G), or (H) of Section 3g(a), Article 42.12 of this code, or if the

 6-9     judgment contains an affirmative finding under Subdivision (2) of

6-10     Subsection (a) of Section 3g of that article, he is not eligible

6-11     for release on parole until his actual calendar time served,

6-12     without consideration of good conduct time, equals one-half of the

6-13     maximum sentence or 30 calendar years, whichever is less, but in no

6-14     event shall he be eligible for release on parole in less than two

6-15     calendar years.

6-16                 (4)  If a prisoner is serving a sentence for which the

6-17     punishment is increased under Section 481.134, Health and Safety

6-18     Code, the prisoner is not eligible for release on parole until the

6-19     prisoner's actual calendar time served, without consideration of

6-20     good conduct time, equals five years or the maximum term to which

6-21     the prisoner was sentenced, whichever is less.

6-22                 (5)  Except as provided by Subsection (m) of this

6-23     section, all other prisoners shall be eligible for release on

6-24     parole when their calendar time served plus good conduct time

6-25     equals one-fourth of the maximum sentence imposed or 15 years,

 7-1     whichever is less.

 7-2           (c)  Except as otherwise provided by this subsection and

 7-3     Subsection (c-1), a prisoner [who is not on parole] shall be

 7-4     released on parole [to mandatory supervision] by order of a parole

 7-5     panel when the calendar time he has served plus any accrued good

 7-6     conduct time equal the maximum term to which he was sentenced.  [A

 7-7     prisoner released to mandatory supervision shall, upon release, be

 7-8     deemed as if released on parole.  To the extent practicable,

 7-9     arrangements for the prisoner's proper employment, maintenance, and

7-10     care shall be made prior to his release to mandatory supervision.

7-11     The period of mandatory supervision shall be for a period

7-12     equivalent to the maximum term for which the prisoner was sentenced

7-13     less calendar time actually served on the sentence.  The time

7-14     served on mandatory supervision is calculated as calendar time.

7-15     Every prisoner while on mandatory supervision shall remain in the

7-16     legal custody of the state and shall be amenable to conditions of

7-17     supervision ordered by the parole panel.]  A prisoner may not be

7-18     released on parole under this subsection [to mandatory supervision]

7-19     if the prisoner is serving or has previously been convicted for an

7-20     offense and the judgment for the offense contains an affirmative

7-21     finding under Subdivision (2), Subsection (a), Section 3g, Article

7-22     42.12, of this code or if the prisoner is serving a sentence for or

7-23     has previously been convicted of:

7-24                 (1)  a first degree felony or a second degree felony

7-25     under Section 19.02, Penal Code (Murder);

 8-1                 (2)  a capital felony under Section 19.03, Penal Code

 8-2     (Capital Murder);

 8-3                 (3)  a first degree felony or a second degree felony

 8-4     under Section 20.04, Penal Code (Aggravated Kidnapping);

 8-5                 (4)  a second degree felony under Section 21.11, Penal

 8-6     Code (Indecency with a Child);

 8-7                 (5)  a second degree felony under Section 22.011, Penal

 8-8     Code (Sexual Assault);

 8-9                 (6) [(5)]  a second degree or first degree felony under

8-10     Section 22.02, Penal Code (Aggravated Assault);

8-11                 (7) [(6)]  a first degree felony under Section 22.021,

8-12     Penal Code (Aggravated Sexual Assault);

8-13                 (8) [(7)]  a first degree felony under Section 22.04,

8-14     Penal Code (Injury to a Child, Elderly Individual, or Disabled

8-15     Individual);

8-16                 (9) [(8)]  a first degree felony under Section 28.02,

8-17     Penal Code (Arson);

8-18                 (10) [(9)]  a second degree felony under Section 29.02,

8-19     Penal Code (Robbery);

8-20                 (11) [(10)]  a first degree felony under Section 29.03,

8-21     Penal Code (Aggravated Robbery);

8-22                 (12) [(11)]  a first degree felony under Section 30.02,

8-23     Penal Code (Burglary); or

8-24                 (13) [(12)]  a felony for which the punishment is

8-25     increased under Section 481.134, Health and Safety Code (Drug-Free

 9-1     Zones).

 9-2           (c-1)  For each prisoner not excluded under Subsection (c)

 9-3     from release on parole, the parole panel shall review the prisoner

 9-4     during the 30-day period preceding the date on which the calendar

 9-5     time the prisoner has served plus any accrued good conduct time

 9-6     equals the maximum term to which the prisoner was sentenced.  The

 9-7     parole panel, after evaluating the  prisoner, shall require the

 9-8     prisoner to remain imprisoned if the parole panel determines that

 9-9     the release of the prisoner would pose a significant threat to

9-10     public safety.  In determining whether the release of a prisoner

9-11     would pose a significant threat to public safety, the parole panel

9-12     shall assign a significant weight to whether the prisoner is

9-13     serving a sentence that is 30 years or longer and to evidence

9-14     supporting an assertion that the prisoner has a history of

9-15     committing violent acts or sexual offenses, a history of

9-16     institutional misconduct, or a history of making threats against

9-17     any person, particularly a threat made after the inmate was

9-18     imprisoned against a victim of the prisoner, a member of the

9-19     victim's family, or a witness in the case for which the prisoner

9-20     was sentenced.  The division shall prepare a preliminary report on

9-21     each prisoner eligible for release under Subsection (c) that

9-22     contains information determined by the division to be relevant to

9-23     whether the prisoner, under the criteria listed in this subsection,

9-24     poses a significant threat to public safety.  The division shall

9-25     provide to the board not later than the 30th day before the date

 10-1    the prisoner is otherwise eligible for evaluation under this

 10-2    subsection that information and a recommendation by the division of

 10-3    whether or not the prisoner should be released after evaluation.

 10-4    [A prisoner may not be released on mandatory supervision if a

 10-5    parole panel determines that the prisoner's accrued good conduct

 10-6    time is not an accurate reflection of the prisoner's potential for

 10-7    rehabilitation and that the prisoner's release would endanger the

 10-8    public.]  A parole panel that makes a determination under this

 10-9    subsection [section] shall specify in writing the reasons for the

10-10    determination.  A determination under this subsection is not

10-11    subject to administrative or judicial review, except that the

10-12    parole panel making the determination shall reconsider the prisoner

10-13    for release on parole under this subsection [mandatory supervision]

10-14    at least twice each year [during the two years] after the [date of

10-15    the] determination.

10-16          (d)(1)  If a prisoner is sentenced to consecutive felony

10-17    sentences under Article 42.08 of this code, a parole panel shall

10-18    designate during each sentence the date, if any, on which the

10-19    prisoner would have been eligible for release on parole if the

10-20    prisoner had been sentenced to serve a single sentence.

10-21                (2)  For the purposes of Article 42.08 of this code,

10-22    the judgment and sentence of a prisoner sentenced for a felony,

10-23    other than the last sentence in a series of consecutive sentences,

10-24    cease to operate:

10-25                      (A)  when the actual calendar time served by the

 11-1    prisoner equals the sentence imposed by the court; or

 11-2                      (B)  on the date a parole panel designates as the

 11-3    date on which the prisoner would have been eligible for release on

 11-4    parole if the prisoner had been sentenced to serve a single

 11-5    sentence.

 11-6                (3)  A parole panel may not treat consecutive sentences

 11-7    as a single sentence for purposes of parole and may not release on

 11-8    parole a prisoner sentenced to serve consecutive felony sentences

 11-9    earlier than the date on which the prisoner becomes eligible for

11-10    release on parole from the last sentence imposed on the prisoner.

11-11                (4)  Calendar time served and good conduct time accrued

11-12    by a prisoner that are used by a parole panel in determining when a

11-13    judgment and sentence cease to operate may not be used by the

11-14    panel:

11-15                      (A)  for the same purpose in determining that

11-16    date in a subsequent sentence in the same series of consecutive

11-17    sentences; or

11-18                      (B)  for determining the date on which a prisoner

11-19    becomes eligible for release on parole from the last sentence in a

11-20    series of consecutive sentences.

11-21          (e)  Not later than the 120th day after the date on which a

11-22    prisoner is admitted to the institutional division, the Texas

11-23    Department of Criminal Justice shall secure all pertinent

11-24    information relating to the prisoner, including but not limited to

11-25    the court judgment, any sentencing report, the circumstances of the

 12-1    prisoner's offense, the prisoner's previous social history and

 12-2    criminal record, the prisoner's physical and mental health record,

 12-3    a record of the prisoner's conduct, employment history, and

 12-4    attitude in prison, and any written comments or information

 12-5    provided by local trial officials or victims of the offense.  The

 12-6    Texas Department of Criminal Justice shall establish a proposed

 12-7    program of measurable institutional progress that must be submitted

 12-8    to the board at the time of the board's consideration of the

 12-9    inmate's case for release.  The board shall conduct an initial

12-10    review of an eligible inmate not later than the 180th day after the

12-11    date of the inmate's admission to the institutional division.

12-12    Before the inmate is approved for release to parole by the board,

12-13    the inmate must agree to participate in the programs and activities

12-14    described by the proposed program of measurable institutional

12-15    progress.  The institutional division shall work closely with the

12-16    board to monitor the progress of the inmate in the institutional

12-17    division and shall report the progress to the board before the

12-18    inmate's release.

12-19          (f)(1)  In this subsection:  (A) "close relative of a

12-20    deceased victim" means a person who was the spouse of a deceased

12-21    victim at the time of the victim's death, a parent of the deceased

12-22    victim, or an adult brother, sister, or child of the deceased

12-23    victim; (B) "guardian of a victim" means a person who is the legal

12-24    guardian of a victim, whether or not the legal relationship between

12-25    the guardian and victim exists because of the age of the victim or

 13-1    the physical or mental incompetency of the victim; and (C) "victim"

 13-2    means a person who is a victim of sexual assault, kidnapping,

 13-3    aggravated robbery, or felony stalking [harassment] or who has

 13-4    suffered bodily injury or death as the result of the criminal

 13-5    conduct of another.

 13-6                (2)  Before a parole panel considers for parole a

 13-7    prisoner who is serving a sentence for an offense in which a person

 13-8    was a victim, the pardons and paroles division, using the name and

 13-9    address provided on the victim impact statement, shall make a

13-10    reasonable effort to notify a victim of the prisoner's crime or if

13-11    the victim has a legal guardian or is deceased, to notify the legal

13-12    guardian or close relative of the deceased victim.  If the notice

13-13    is sent to a guardian or close relative of a deceased victim, the

13-14    notice must contain a request by the pardons and paroles division

13-15    that the guardian or relative inform other persons having an

13-16    interest in the matter that the prisoner is being considered for

13-17    parole.  The parole panel shall allow a victim, guardian of a

13-18    victim, close relative of a deceased victim, or a representative of

13-19    a victim or his guardian or close relative to provide a written

13-20    statement.  The parole panel also shall allow one person to appear

13-21    in person before the board members to present a statement of the

13-22    person's views about the offense, the defendant, and the effect of

13-23    the offense on the victim.  The person may be the victim of the

13-24    prisoner's crime or, if the victim has a legal guardian or is

13-25    deceased, the legal guardian of the victim or close relative of the

 14-1    deceased victim.  If more than one person is otherwise entitled

 14-2    under this subdivision to appear in person before the board, only

 14-3    the person chosen by all persons entitled to appear as their sole

 14-4    representative may appear before the board.  This subsection may

 14-5    not be construed to limit the number of persons who may provide

 14-6    written statements for or against the release of the prisoner on

 14-7    parole.  The parole panel shall consider the statements and the

 14-8    information provided in a victim impact statement in determining

 14-9    whether or not to recommend parole.  However, the failure of the

14-10    pardons and paroles division to comply with notice requirements of

14-11    this subsection is not a ground for revocation of parole.

14-12                (3)  If a victim, guardian of a victim, or close

14-13    relative of a deceased victim would be entitled to notification of

14-14    parole consideration by the pardons and paroles division but for

14-15    failure by that person to provide a victim impact statement

14-16    containing the person's name and address, the person is nonetheless

14-17    entitled to receive notice if the person files with the pardons and

14-18    paroles division a written request for that notification.  After

14-19    receiving such a written request, the pardons and paroles division

14-20    shall grant to the person all the privileges to which the person

14-21    would be entitled had the person submitted a victim impact

14-22    statement.  Before a prisoner is released from the institutional

14-23    division on parole [or on the release of a prisoner on mandatory

14-24    supervision], the pardons and paroles division shall give notice of

14-25    the release to any person entitled to notification of parole

 15-1    consideration for the prisoner because the person filed with the

 15-2    pardons and paroles division a victim impact statement or a request

 15-3    for notification of a parole consideration.

 15-4                (4)  Except as necessary to comply with this section,

 15-5    the board or the Texas Department of Criminal Justice may not

 15-6    disclose to any person the name or address of a victim or other

 15-7    person entitled to notice under this section unless the victim or

 15-8    that person approves the disclosure or the board or the department

 15-9    is ordered to disclose the information by a court of competent

15-10    jurisdiction after the court determines that there is good cause

15-11    for disclosure.

15-12                (5)  Before ordering the parole of any prisoner, a

15-13    parole panel may have the prisoner appear before it and interview

15-14    him.  A parole shall be ordered only for the best interest of

15-15    society, not as an award of clemency; it shall not be considered to

15-16    be a reduction of sentence or pardon.  The board shall develop and

15-17    implement parole guidelines that shall be the basic criteria on

15-18    which parole decisions are made.  The parole guidelines shall be

15-19    developed according to an acceptable research method and shall be

15-20    based on the seriousness of the offense and the likelihood of

15-21    favorable parole outcome.  The board shall review the parole

15-22    guidelines periodically and make reports on those reviews to the

15-23    Legislative Criminal Justice Board. If a member of the board

15-24    deviates from the parole guidelines in casting a vote on a parole

15-25    decision, the member shall produce a brief written statement

 16-1    describing the circumstances regarding the departure from the

 16-2    guidelines and place a copy of the statement in the file of the

 16-3    inmate for whom the parole decision was made.  The board shall keep

 16-4    a copy of each statement in a central location.  A prisoner shall

 16-5    be placed on parole only when arrangements have been made for his

 16-6    employment or for his maintenance and care and when the parole

 16-7    panel believes that he is able and willing to fulfill the

 16-8    obligations of a law-abiding citizen.  Every prisoner while on

 16-9    parole shall remain in the legal custody of the pardons and paroles

16-10    division and shall be amenable to the conditions of supervision

16-11    ordered under this article.

16-12          (g)  The board may adopt such other reasonable rules not

16-13    inconsistent with law as it may deem proper or necessary with

16-14    respect to the eligibility of prisoners for parole [and mandatory

16-15    supervision], the conduct of parole [and mandatory supervision]

16-16    hearings, or conditions to be imposed upon parolees [and persons

16-17    released to mandatory supervision].  Each person to be released on

16-18    parole shall be furnished a contract setting forth in clear and

16-19    intelligible language the conditions and rules of parole.  The

16-20    parole panel may include as a condition of parole [or mandatory

16-21    supervision] any condition that a court may impose on a defendant

16-22    placed on community supervision under Article 42.12 of this code,

16-23    including the condition that the person released submit to testing

16-24    for controlled substances or submit to electronic monitoring if the

16-25    parole panel determines that absent testing for controlled

 17-1    substances or participation in an electronic monitoring program the

 17-2    person would not be released on parole.  Acceptance, signing, and

 17-3    execution of the contract by the inmate to be paroled shall be a

 17-4    precondition to release on parole.  [Persons released on mandatory

 17-5    supervision shall be furnished a written statement setting forth in

 17-6    clear and intelligible language the conditions and rules of

 17-7    mandatory supervision.]  The parole panel may also require as a

 17-8    condition of parole [or release to mandatory supervision] that the

 17-9    person make payments in satisfaction of damages the person is

17-10    liable for under Section 500.002, Government Code.  The parole

17-11    panel shall require as a condition of parole [or mandatory

17-12    supervision] that the person register under Article 6252-13c.1,

17-13    Revised Statutes.  The parole panel may require as a condition of

17-14    parole [or release to mandatory supervision] that the person attend

17-15    counseling sessions for substance abusers or participate in

17-16    substance abuse treatment services in a program or facility

17-17    approved or licensed by the Texas Commission on Alcohol and Drug

17-18    Abuse if the person was sentenced for an offense involving

17-19    controlled substances or the panel determines that the defendant's

17-20    substance abuse was connected to the commission of the offense.

17-21    The parole panel shall require as a condition of parole [or

17-22    mandatory supervision] that an inmate who immediately before

17-23    release is a participant in the program established under Section

17-24    501.0931, Government Code, participate in a drug or alcohol abuse

17-25    continuum of care treatment program.

 18-1          (g-1)  The Texas Commission on Alcohol and Drug Abuse shall

 18-2    develop the continuum of care treatment program.

 18-3          (h)  It shall be the duty of the pardons and paroles division

 18-4    at least 10 days before the board orders the parole of any prisoner

 18-5    or at least 10 days after recommending the granting of executive

 18-6    clemency by the governor to notify the sheriff, the prosecuting

 18-7    attorney, and the district judge in the county where such person

 18-8    was convicted and the county to which the prisoner is released that

 18-9    such parole or clemency is being considered by the board or by the

18-10    governor.  For any case in which there was a change of venue, the

18-11    pardons and paroles division shall notify those same officials in

18-12    the county in which the prosecution was originated if, no later

18-13    than 30 days after the date on which the defendant was sentenced,

18-14    those officials request in writing that the pardons and paroles

18-15    division give them notice under this section of any future release

18-16    of the prisoner.  Additionally, no later than the 10th day after

18-17    the parole panel orders the transfer of a prisoner to a halfway

18-18    house under this article, the pardons and paroles division shall

18-19    notify the sheriff of the county in which the prisoner was

18-20    convicted and shall notify the sheriff of the county in which the

18-21    halfway house is located and the attorney who represents the state

18-22    in the prosecution of felonies in that county.  The notice must

18-23    state the prisoner's name, the county in which the prisoner was

18-24    convicted, and the offense for which the prisoner was convicted.

18-25          (i)  As an element of the pardons and paroles division's

 19-1    halfway house program, the pardons and paroles division, in

 19-2    conjunction with the institutional division, shall utilize halfway

 19-3    houses for the purpose of diverting from housing in regular units

 19-4    of the institutional division suitable low-risk prisoners and other

 19-5    prisoners who would benefit from a smoother transition from

 19-6    incarceration to supervised release.  To accomplish this purpose, a

 19-7    parole panel, after reviewing all available pertinent information,

 19-8    may designate a presumptive parole date for any inmate who (i) is

 19-9    not serving a sentence for an offense listed in Subdivision (1) of

19-10    Subsection (a) of Section 3g of Article 42.12 of this code and

19-11    whose judgment does not contain an affirmative finding under

19-12    Subdivision (2) of Subsection (a) of Section 3g of that article;

19-13    and (ii) has never been convicted of an offense listed in

19-14    Subdivision (1) of Subsection (a) of Section 3g of that article and

19-15    has never had a conviction, the judgment for which contains an

19-16    affirmative finding under Subdivision (2) of Subsection (a) of

19-17    Section 3g of that article.  The presumptive parole date may not be

19-18    a date which is earlier than the prisoner's initial parole

19-19    eligibility date, as calculated or projected pursuant to Subsection

19-20    (b) of this section.  Before transferring a prisoner to a halfway

19-21    house, the pardons and paroles division shall send to the director

19-22    of the halfway house all information relating to the prisoner that

19-23    the pardons and paroles division feels will aid the halfway house

19-24    in helping the prisoner make a transition from prison to supervised

19-25    release.  If a prisoner for whom a presumptive parole date has been

 20-1    established is transferred into a preparole residence in a halfway

 20-2    house pursuant to the terms of Subchapter A, Chapter 498,

 20-3    Government Code, the pardons and paroles division is responsible

 20-4    for his supervision.  A parole panel may rescind or postpone a

 20-5    previously established presumptive parole date on the basis of

 20-6    reports from agents of the pardons and paroles division responsible

 20-7    for supervision or agents of the institutional division acting in

 20-8    the case.  If a preparolee transferred to preparole status has

 20-9    satisfactorily served his sentence in the halfway house to which he

20-10    is assigned from the date of transfer to the presumptive parole

20-11    date, without rescission or postponement of the date, the parole

20-12    panel shall order his release to parole and issue an appropriate

20-13    certificate of release.  The person is subject to the provisions of

20-14    this article governing release on parole.

20-15          (j)  In addition to other conditions of parole [and release

20-16    on mandatory supervision] imposed under this section, a parole

20-17    panel shall require a prisoner released on parole [or mandatory

20-18    supervision] to pay a parole supervision fee of $10 to the pardons

20-19    and paroles division for each month during which the prisoner is

20-20    under parole supervision.  The fee applies to a prisoner released

20-21    in another state who is required as a term of his release to report

20-22    to a parole officer or supervisor in this state for parole

20-23    supervision.  On the request of the prisoner, a parole panel may

20-24    allow the prisoner to defer payments under this subsection.  The

20-25    prisoner remains responsible for payment of the fee and must make

 21-1    the deferred payment not later than two years after the date on

 21-2    which the payment becomes due.  The board of the Texas Department

 21-3    of Criminal Justice shall establish rules relating to the method of

 21-4    payment required of the person on parole [or mandatory

 21-5    supervision].  Fees collected under this subsection by the pardons

 21-6    and paroles division shall be remitted to the comptroller of public

 21-7    accounts, who shall deposit the fees in the general revenue fund of

 21-8    the state treasury.  In a parole [or mandatory supervision]

 21-9    revocation hearing under Section 14 of this article at which it is

21-10    alleged only that the person failed to make a payment under this

21-11    subsection, the inability of the person to pay as ordered by a

21-12    parole panel is an affirmative defense to revocation, which the

21-13    person must prove by a preponderance of the evidence.

21-14          (k)  In addition to other conditions imposed by a parole

21-15    panel under this article, the parole panel shall require as a

21-16    condition of parole [or release to mandatory supervision] that the

21-17    prisoner demonstrate to the parole panel whether the prisoner has

21-18    an educational skill level that is equal to or greater than the

21-19    average skill level of students who have completed the sixth grade

21-20    in public schools in this state.  If the parole panel determines

21-21    that the person has not attained that skill level, the parole panel

21-22    shall require as a condition of parole [or release to mandatory

21-23    supervision] that the prisoner attain that level of educational

21-24    skill, unless the parole panel determines that the person lacks the

21-25    intellectual capacity or the learning ability to ever achieve that

 22-1    level of skill.

 22-2          (l)  In addition to other conditions imposed by a parole

 22-3    panel under this article, the parole panel shall require as a

 22-4    condition of parole [or release to mandatory supervision], on

 22-5    evidence of the presence of a controlled substance in the

 22-6    defendant's body, or on any evidence the defendant has used a

 22-7    controlled substance, or on evidence that controlled substance use

 22-8    is related to the offense for which the defendant was convicted,

 22-9    that the defendant submit to testing for controlled substances.

22-10          The Texas Board of Criminal Justice by rule shall adopt

22-11    procedures for the administration of tests required by this

22-12    subsection.

22-13          (m)  A prisoner serving a sentence for which parole

22-14    eligibility is otherwise determined under Subsection (b)(4) of this

22-15    section may become eligible for special needs parole at a date

22-16    earlier than the date calculated under Subsection (b)(4) of this

22-17    section, as designated by a parole panel under this subsection, if:

22-18                (1)  the prisoner has been identified by the

22-19    institutional division as being elderly, physically handicapped,

22-20    mentally ill, terminally ill, or mentally retarded;

22-21                (2)  the prisoner is determined by the parole panel,

22-22    because of the prisoner's condition and on the basis of a medical

22-23    evaluation, to no longer constitute a threat to public safety and

22-24    no longer constitute a threat to commit further offenses; and

22-25                (3)  the pardons and paroles division has prepared for

 23-1    the prisoner a special needs parole plan that ensures appropriate

 23-2    supervision, service provision, and placement.

 23-3          (n)  A prisoner diagnosed as mentally ill or mentally

 23-4    retarded may be released under Subsection (m) of this section only

 23-5    if the pardons and paroles division has prepared for the prisoner a

 23-6    special needs parole plan that ensures appropriate supervision,

 23-7    service provision, and placement as approved by the Texas Council

 23-8    on Offenders with Mental Impairments.

 23-9          (o)(1)  In addition to other conditions imposed by a parole

23-10    panel under this article, the parole panel may require as a

23-11    condition of parole [or release to mandatory supervision] that an

23-12    inmate serving a sentence for an offense under Section 42.071,

23-13    Penal Code, may not:

23-14                      (A)  communicate directly or indirectly with the

23-15    victim; or

23-16                      (B)  go to or near the residence, place of

23-17    employment, or business of the victim or to or near a school,

23-18    day-care facility, or similar facility where a dependent child of

23-19    the victim is in attendance.

23-20                (2)  If a parole panel requires the prohibition

23-21    contained in Subdivision (1)(B) of this subsection as a condition

23-22    of parole [or release to mandatory supervision], the parole panel

23-23    shall specifically describe the prohibited locations and the

23-24    minimum distances, if any, that the inmate must maintain from the

23-25    locations.

 24-1          (p) [(o)]  In addition to other conditions of parole [and

 24-2    release on mandatory supervision] imposed under this section, a

 24-3    parole panel shall require a prisoner released on parole [or

 24-4    mandatory supervision] to pay an administrative fee of $8 to the

 24-5    pardons and paroles division for each month during which the

 24-6    prisoner is under parole supervision.  The fee applies to a

 24-7    prisoner released in another state who is required as a term of his

 24-8    release to report to a parole officer or supervisor in this state

 24-9    for parole supervision.  On the request of the prisoner, a parole

24-10    panel may allow the prisoner to defer payments under this

24-11    subsection.  The prisoner remains responsible for payment of the

24-12    fee and must make the deferred payment not later than two years

24-13    after the date on which the payment becomes due.  The board of the

24-14    Texas Department of Criminal Justice shall establish rules relating

24-15    to the method of payment required of the person on parole [or

24-16    mandatory supervision].  Fees collected under this subsection by

24-17    the pardons and paroles division shall be remitted to the

24-18    comptroller of public accounts, who shall deposit the fees in the

24-19    compensation to victims of crime fund of the state treasury.  In a

24-20    parole [or mandatory supervision] revocation hearing under Section

24-21    14 of this article at which it is alleged only that the person

24-22    failed to make a payment under this subsection, the inability of

24-23    the person to pay as ordered by a parole panel is an affirmative

24-24    defense to revocation, which the person must prove by a

24-25    preponderance of the evidence.

 25-1          (q) [(o)]  In addition to other conditions imposed by a

 25-2    parole panel under this article, the parole panel shall require as

 25-3    a condition of parole [or release to mandatory supervision] that a

 25-4    prisoner for whom the court has made an affirmative finding under

 25-5    Article 42.014 of this code perform not less than 300 hours of

 25-6    community service at a project designated by the parole panel that

 25-7    primarily serves the person or group who was the target of the

 25-8    defendant.

 25-9          (r) [(o)]  The pardons and paroles division shall develop and

25-10    implement a comprehensive program to inform inmates, their

25-11    families, and other interested parties about the parole process.

25-12    The division shall update the program annually.

25-13          (s) [(p)]  In addition to other conditions and fees imposed

25-14    by a parole panel under this article, the parole panel shall

25-15    require as a condition of parole [or release to mandatory

25-16    supervision] that a prisoner convicted of an offense under Section

25-17    21.08, 21.11, 22.011, 22.021, 25.02, [25.06,] 43.25, or 43.26,

25-18    Penal Code, pay to the pardons and paroles division a parole

25-19    supervision fee of $5 each month during the period of parole

25-20    supervision.

25-21          (t) [(q)]  The pardons and paroles division shall remit fees

25-22    collected under Subsection (s) [(p)] of this section to the

25-23    comptroller.  The comptroller shall deposit the fees in the general

25-24    revenue fund to the credit of the sexual assault program fund

25-25    established by Section 44.0061, Health and Safety Code.

 26-1          (u) [(r)]  In addition to other conditions and fees imposed

 26-2    by a parole panel under this article, the parole panel shall

 26-3    require as a condition of parole [or release to mandatory

 26-4    supervision] that a person required to register as a sex offender

 26-5    under Article 6252-13c.1, Revised Statutes, pay to the person's

 26-6    supervising officer a fee that equals the actual cost to the

 26-7    applicable local law enforcement authority for providing notice for

 26-8    publication to a newspaper as required by Article 6252-13c.1,

 26-9    Revised Statutes.  The pardons and paroles division shall remit

26-10    fees collected under this subsection to the applicable local law

26-11    enforcement authority to reimburse the authority for the actual

26-12    cost incurred by the authority, as evidenced by written receipt,

26-13    for providing notice for publication to a newspaper as required by

26-14    Article 6252-13c.1, Revised Statutes.  In a parole [or mandatory

26-15    supervision] revocation hearing under Section 14 of this article at

26-16    which it is alleged only that the person failed to make a payment

26-17    under this subsection, the inability of the person to pay as

26-18    ordered by a parole panel is an affirmative defense to revocation,

26-19    which the person must prove by a preponderance of the evidence.

26-20          (v) [(u)](1)  A parole panel shall establish a child safety

26-21    zone applicable to an inmate described by Subdivision (2) if the

26-22    panel determines that a child as defined by Section 22.011(c),

26-23    Penal Code, was the victim of the offense by requiring as a

26-24    condition of parole [or release to mandatory supervision] that the

26-25    inmate:

 27-1                      (A)  not:  (i) supervise or participate in any

 27-2    program that includes as participants or recipients persons who are

 27-3    17 years of age or younger and that regularly provides athletic,

 27-4    civic, or cultural activities; or (ii) go in, on, or within a

 27-5    distance specified by the panel of a premises where children

 27-6    commonly gather, including a school, day-care facility, playground,

 27-7    public or private youth center, public swimming pool, or video

 27-8    arcade facility; and

 27-9                      (B)  attend psychological counseling sessions for

27-10    sex offenders with an individual or organization which provides sex

27-11    offender treatment or counseling as specified by the parole officer

27-12    supervising the parolee after release.

27-13                (2)  This section applies to an inmate serving a

27-14    sentence for an offense:

27-15                      (A)  under Section 43.25 or 43.26, Penal Code;

27-16                      (B)  under Section 21.11, 22.011, 22.021, or

27-17    25.02, Penal Code;

27-18                      (C)  under Section 20.04(a)(4), Penal Code, if

27-19    the inmate committed the offense with the intent to violate or

27-20    abuse the victim sexually; or

27-21                      (D)  under Section 30.02, Penal Code, punishable

27-22    under Subsection (d) of that section, if the inmate committed the

27-23    offense with the intent to commit a felony listed in Paragraph (B)

27-24    or (C) of this subdivision.

27-25                (3)  A parole officer who under Subdivision (1)(B)

 28-1    specifies a sex offender treatment provider to provide counseling

 28-2    to an inmate shall contact the provider before the inmate is

 28-3    released, establish the date, time, and place of the first session

 28-4    between the inmate and the provider, and request the provider to

 28-5    immediately notify the officer if the inmate fails to attend the

 28-6    first session or any subsequent scheduled session.

 28-7                (4)  At any time after the imposition of a condition

 28-8    under Subdivision (1)(A), the inmate may request the parole panel

 28-9    to modify the child safety zone applicable to the inmate because

28-10    the zone as created by the panel:

28-11                      (A)  interferes with the ability of the inmate to

28-12    attend school or hold a job and consequently constitutes an undue

28-13    hardship for the inmate; or

28-14                      (B)  is broader than necessary to protect the

28-15    public, given the nature and circumstances of the offense.

28-16                (5)  A parole officer supervising an inmate described

28-17    by Subdivision (2) may permit the inmate to enter on an

28-18    event-by-event basis into the child safety zone from which the

28-19    inmate is otherwise prohibited from entering if:

28-20                      (A)  the inmate has served at least two years of

28-21    the period of supervision imposed on release;

28-22                      (B)  the inmate enters the zone as part of a

28-23    program to reunite with the inmate's family;

28-24                      (C)  the inmate presents to the parole officer a

28-25    written proposal specifying where the inmate intends to go within

 29-1    the zone, why and with whom the inmate is going, and how the inmate

 29-2    intends to cope with any stressful situations that occur;

 29-3                      (D)  the sex offender treatment provider treating

 29-4    the inmate agrees with the officer that the inmate should be

 29-5    allowed to attend the event; and

 29-6                      (E)  the officer and the treatment provider agree

 29-7    on a chaperon to accompany the inmate, and the chaperon agrees to

 29-8    perform that duty.

 29-9                (6)  In this subsection, "playground," "premises,"

29-10    "school," "video arcade facility," and "youth center" have the

29-11    meanings assigned by Section 481.134, Health and Safety Code.

29-12          SECTION 6.  Section 8A, Article 42.18, Code of Criminal

29-13    Procedure, is amended to read as follows:

29-14          Sec. 8A.  RESIDENCE DURING PAROLE [OR RELEASE TO MANDATORY

29-15    SUPERVISION].  (a)  In addition to other conditions imposed by a

29-16    parole panel under this article, the panel shall require as a

29-17    condition of parole [or release to mandatory supervision] that the

29-18    defendant reside during the period of parole [or mandatory

29-19    supervision] in the county in which:

29-20                (1)  the defendant resided at the time of committing

29-21    the offense for which the defendant was sentenced to the

29-22    institutional division; or

29-23                (2)  the defendant committed the offense for which the

29-24    defendant was sentenced to the institutional division, but only if

29-25    the defendant was not a resident of this state at the time of

 30-1    committing the offense.

 30-2          (b)  A parole panel may require a defendant to reside in a

 30-3    county other than the county required by Subsection (a) of this

 30-4    section to:

 30-5                (1)  protect the life or safety of a victim of the

 30-6    defendant's offense, the defendant, a witness in the case, or any

 30-7    other person; or

 30-8                (2)  increase the likelihood of the defendant's

 30-9    successful completion of parole [or mandatory supervision], because

30-10    of:

30-11                      (A)  written expressions of significant public

30-12    concern in the county in which the defendant would otherwise be

30-13    required to reside;

30-14                      (B)  the presence of family members or friends in

30-15    the other county who have expressed a willingness to assist the

30-16    defendant in successfully completing the terms and conditions of

30-17    the defendant's release on parole [or mandatory supervision];

30-18                      (C)  the verified existence of a job offer in the

30-19    other county; or

30-20                      (D)  the availability of treatment programs,

30-21    educational programs, or other social service programs in the other

30-22    county that are not available in the county in which the defendant

30-23    would otherwise be required to reside.

30-24          (c)  At any time after a defendant is released on parole [or

30-25    mandatory supervision], a parole panel may modify the conditions of

 31-1    parole [or release on mandatory supervision] to require the

 31-2    defendant to reside in a county other than the county required by

 31-3    the original conditions.  In making a decision under this

 31-4    subsection, a parole panel must consider the factors listed in

 31-5    Subsection (b) of this section.

 31-6          (d)  If a parole panel initially requires the defendant to

 31-7    reside in a county other than the county required by Subsection (a)

 31-8    of this section, the parole panel shall subsequently require the

 31-9    person to reside in the county described by Subsection (a) of this

31-10    section if the requirement that the defendant reside in the other

31-11    county was based on:

31-12                (1)  the verified existence of a job offer under

31-13    Subsection (b)(2)(C) of this section and the defendant is no longer

31-14    employed in or actively seeking employment; or

31-15                (2)  the availability of treatment programs,

31-16    educational programs, or other social service programs under

31-17    Subsection (b)(2)(D) of this section and the defendant:

31-18                      (A)  no longer regularly participates in the

31-19    program as required by a term or condition of parole [or release to

31-20    mandatory supervision]; or

31-21                      (B)  has successfully completed the program but

31-22    has violated another term or condition of the defendant's release

31-23    on parole [or mandatory supervision].

31-24          (e)  If a parole panel requires the defendant to reside in a

31-25    county other than the county required by Subsection (a) of this

 32-1    section, the panel shall state the reason for its decision in

 32-2    writing, and place the statement in the defendant's permanent

 32-3    record.

 32-4          (f)  This section does not apply to a decision by a parole

 32-5    panel to require a defendant to serve the period of parole [or

 32-6    mandatory supervision] in another state.

 32-7          SECTION 7.  Section 8B, Article 42.18, Code of Criminal

 32-8    Procedure, is amended by amending Subsections (a) and (c) to read

 32-9    as follows:

32-10          (a)  The parolee restitution fund is a fund outside the

32-11    treasury and consists of restitution payments made by persons

32-12    released on parole [or mandatory supervision].  Money in the fund

32-13    may be used only to pay restitution as required by a condition of

32-14    parole [or release to mandatory supervision] to victims of criminal

32-15    offenses.

32-16          (c)  When the board orders the payment of restitution in the

32-17    manner prescribed by Article 42.037(h) from a person released on

32-18    parole [or mandatory supervision], the department shall:

32-19                (1)  collect the payment for disbursement to the

32-20    victim;

32-21                (2)  deposit the payment in the parolee restitution

32-22    fund; and

32-23                (3)  transmit the payment to the victim as soon as

32-24    practicable.

32-25          SECTION 8.  Section 13, Article 42.18, Code of Criminal

 33-1    Procedure, is amended to read as follows:

 33-2          Sec. 13.  WARRANTS.  (a)  A warrant for the return of a

 33-3    paroled prisoner, [a prisoner released to mandatory supervision,] a

 33-4    prisoner released although not eligible for release, a resident

 33-5    released to a preparole or work program, a prisoner released on

 33-6    emergency reprieve or on furlough, or a person released on a

 33-7    conditional pardon to the institution from which the person was

 33-8    paroled, released, or pardoned may be issued by the director or a

 33-9    designated agent of the director in case [cases] of parole [or

33-10    mandatory supervision], or by the board on order by the governor in

33-11    other cases, if there is reason to believe that the person has been

33-12    released although not eligible for release, if the person has been

33-13    arrested for an offense, if there is a verified complaint stating

33-14    that the person violated a rule or condition of release, or if

33-15    there is reliable evidence that the person has exhibited behavior

33-16    during the person's release that indicates to a reasonable person

33-17    that the person poses a danger to society that warrants the

33-18    person's immediate return to custody.  The person may be held in

33-19    custody pending a determination of all facts surrounding the

33-20    alleged offense, violation of a rule or condition of release, or

33-21    dangerous behavior.  A designated agent of the director acts

33-22    independently from a parole officer and must receive specialized

33-23    training as determined by the director.  Such warrant shall

33-24    authorize all officers named therein to take actual custody of the

33-25    prisoner and detain and house the prisoner until a parole panel

 34-1    orders the return of the prisoner to the institution from which he

 34-2    was released.  Pending hearing, as hereinafter provided, upon any

 34-3    charge of parole violation or[,] ineligible release[, or violation

 34-4    of the conditions of mandatory supervision], a prisoner returned to

 34-5    custody shall remain incarcerated.  If the director, a board

 34-6    member, or a designated agent of the director or the board is

 34-7    otherwise authorized to issue a warrant under this subsection, the

 34-8    division may instead issue to a prisoner a summons requiring the

 34-9    prisoner to appear for a hearing under Section 14 of this article.

34-10    The summons must state the time, place, date, and purpose of the

34-11    hearing.

34-12          (b)  A prisoner for whose return a warrant has been issued

34-13    shall, after the issuance of such warrant, be deemed a fugitive

34-14    from justice and if it shall appear that he has violated the

34-15    conditions or provisions of his [mandatory supervision or] parole,

34-16    the time from the issuing of such warrant to the date of his arrest

34-17    shall not be counted as any part of the time to be served under his

34-18    sentence.  The law now in effect concerning the right of the State

34-19    of Texas to extradite persons and return fugitives from justice and

34-20    Article 42.11 of this code concerning the waiver of all legal

34-21    requirements to obtain extradition of fugitives from justice from

34-22    other states to this state shall not be impaired by this article

34-23    and shall remain in full force and effect.

34-24          SECTION 9.  Subsection (a), Section 14, Article 42.18, Code

34-25    of Criminal Procedure, is amended to read as follows:

 35-1          (a)  Whenever a prisoner or a person granted a conditional

 35-2    pardon is accused of a violation of his parole[, mandatory

 35-3    supervision,] or conditional pardon, on information and complaint

 35-4    by a law enforcement officer or parole officer, or is arrested

 35-5    after an ineligible release, he shall be entitled to be heard on

 35-6    such charges before a parole panel or a designee of the board under

 35-7    such rules as the board may adopt; provided, however, said hearing

 35-8    shall be held within 70 days of the date of arrest under a warrant

 35-9    issued by the director or a designated agent of the director or by

35-10    the board on order by the governor and at a time and place set by

35-11    that parole panel or designee.  The panel or designee may hold the

35-12    hearing at a date later than the date otherwise required by this

35-13    section if it determines a delay is necessary to assure due process

35-14    for the person, except that the authority issuing the warrant shall

35-15    immediately withdraw the warrant if the hearing is not held before

35-16    the 121st day after the date of arrest. If a parole panel or

35-17    designee determines that a parolee[, mandatory supervisee,] or

35-18    person granted a conditional pardon has been convicted in a court

35-19    of competent jurisdiction of a felony offense committed while an

35-20    administrative releasee and has been sentenced by the court to a

35-21    term of incarceration in a penal institution, the determination is

35-22    to be considered a sufficient hearing to revoke the parole [or

35-23    mandatory supervision] or recommend to the governor revocation of a

35-24    conditional pardon without further hearing, except that the parole

35-25    panel or designee shall conduct a hearing to consider mitigating

 36-1    circumstances if requested by the parolee[, mandatory supervisee,]

 36-2    or person granted a conditional pardon.  When the parole panel or

 36-3    designee has heard the facts, the board may recommend to the

 36-4    governor that the conditional pardon be continued, revoked, or

 36-5    modified, or it may continue, revoke, or modify the parole [or

 36-6    mandatory supervision], in any manner warranted by the evidence.

 36-7    The parole panel or designee must make its recommendation or

 36-8    decision no later than the 30th day after the date the hearing is

 36-9    concluded.  When a person's parole[, mandatory supervision,] or

36-10    conditional pardon is revoked, that person may be required to serve

36-11    the portion remaining of the sentence on which he was released,

36-12    such portion remaining to be calculated without credit for the time

36-13    from the date of his release to the date of revocation.  When a

36-14    warrant is issued charging a violation of release conditions, the

36-15    sentence time credit may be suspended until a determination is made

36-16    in such case and such suspended time credit may be reinstated

36-17    should such parole[, mandatory supervision,] or conditional pardon

36-18    be continued.

36-19          SECTION 10.  Subsection (b), Section 15, Article 42.18, Code

36-20    of Criminal Procedure, is amended to read as follows:

36-21          (b)  The pardons and paroles division may allow a person

36-22    released on parole [or mandatory supervision] to serve the

36-23    remainder of the person's sentence without supervision and without

36-24    being required to report if:

36-25                (1)  the person has been under the supervision for not

 37-1    less than one-half of the time that remained on the person's

 37-2    sentence when the person was released from imprisonment and during

 37-3    the period of supervision the person's parole [or release on

 37-4    mandatory supervision] has not been revoked; and

 37-5                (2)  the pardons and paroles division determines that:

 37-6                      (A)  the person has made a good faith effort to

 37-7    comply with any restitution order imposed on the person by a court

 37-8    of competent jurisdiction; and

 37-9                      (B)  allowing the person to serve the remainder

37-10    of the person's sentence without supervision and reporting is in

37-11    the best interest of society.

37-12          SECTION 11.  Subsection (a), Section 17, Article 42.18, Code

37-13    of Criminal Procedure, is amended to read as follows:

37-14          (a)  The pardons and paroles division shall have general

37-15    responsibility for the investigation and supervision of all

37-16    prisoners released on parole [and to mandatory supervision].

37-17          SECTION 12.  Section 18, Article 42.18, Code of Criminal

37-18    Procedure, is amended to read as follows:

37-19          Sec. 18.  CONFIDENTIAL INFORMATION.  (a)  Except as provided

37-20    by Subsection (b), all information, including victim protest

37-21    letters or other correspondence, victim impact statements, lists of

37-22    inmates eligible for release on parole, and arrest records of

37-23    inmates, obtained and maintained in connection with inmates of the

37-24    institutional division subject to parole[, release to mandatory

37-25    supervision,] or executive clemency, or individuals who may be on

 38-1    [mandatory supervision or] parole and under the supervision of the

 38-2    pardons and paroles division, or persons directly identified in any

 38-3    proposed plan of release for a prisoner, is confidential and

 38-4    privileged.

 38-5          (b)  This section does not apply to information regarding a

 38-6    sex offender if the information is authorized for release under

 38-7    Article 6252-13c.1, Revised Statutes.

 38-8          (c) [(b)]  Statistical and general information respecting the

 38-9    parole [and mandatory supervision] program and system, including

38-10    the names of paroled prisoners[, prisoners released to mandatory

38-11    supervision,] and data recorded in connection with parole [and

38-12    mandatory supervision] services, is not confidential or privileged

38-13    and must be made available for public inspection at any reasonable

38-14    time.

38-15          (d) [(c)]  On request of the governor, a member of the board,

38-16    the Criminal Justice Policy Council in performing duties of the

38-17    council under Section 413.021, Government Code, or an eligible

38-18    entity requesting information for a law enforcement, prosecutorial,

38-19    correctional, clemency, or treatment purpose, the department may

38-20    provide to the person or entity for that purpose information made

38-21    confidential and privileged by this section.

38-22          (e) [(d)]  In this section, "eligible entity" means:

38-23                (1)  a government agency, including the office of a

38-24    prosecuting attorney;

38-25                (2)  an organization with which the Texas Department of

 39-1    Criminal Justice contracts or an organization to which the

 39-2    department provides a grant; or

 39-3                (3)  an organization to which inmates are referred for

 39-4    services by the Texas Department of Criminal Justice.

 39-5          SECTION 13.  Subsections (a) and (c), Section 19, Article

 39-6    42.18, Code of Criminal Procedure, are amended to read as follows:

 39-7          (a)  It is expressly provided that no person may be employed

 39-8    as a parole officer or supervisor or be responsible for the

 39-9    investigation or supervision of persons on parole [or mandatory

39-10    supervision], unless he meets the following qualifications together

39-11    with any other qualifications that may be specified by the

39-12    director:  four years of successfully completed education in an

39-13    accredited college or university and two years of full-time paid

39-14    employment in responsible correctional work with adults or

39-15    juveniles or in a related field.  Additional experience in the

39-16    above categories may be substituted year for year for the required

39-17    college education, with a maximum substitution for two years.  This

39-18    subsection applies only to persons employed as parole officers or

39-19    supervisors before or on September 1, 1990.

39-20          (c)  No person who is serving as a sheriff, deputy sheriff,

39-21    constable, deputy constable, city policeman, Texas Ranger, state

39-22    highway patrolman, or similar law enforcement officer or as a

39-23    prosecuting attorney shall act as a parole officer or be

39-24    responsible for the supervision of persons on parole [or released

39-25    to mandatory supervision].

 40-1          SECTION 14.  Section 21, Article 42.18, Code of Criminal

 40-2    Procedure, is amended to read as follows:

 40-3          Sec. 21.  LITERACY.  The Texas Board of Criminal Justice and

 40-4    the Central Education Agency shall adopt a memorandum of

 40-5    understanding that establishes the respective responsibilities of

 40-6    the board and the agency in implementing a continuing education

 40-7    program to increase the literacy of inmates released from the

 40-8    institutional division on parole [and mandatory supervision].  The

 40-9    Texas Board of Criminal Justice and the agency shall coordinate the

40-10    development of the memorandum of understanding and each by rule

40-11    shall adopt the memorandum.

40-12          SECTION 15.  Subsection (a), Section 25, Article 42.18, Code

40-13    of Criminal Procedure, is amended to read as follows:

40-14          (a)  The division may establish and operate or contract for

40-15    the operation of community residential facilities to house,

40-16    maintain, and provide services for:

40-17                (1)  persons required by a parole panel as a condition

40-18    of parole [or mandatory supervision] under this article to serve a

40-19    period in a community-based facility; and

40-20                (2)  persons whose release on parole [or mandatory

40-21    supervision] has been continued or modified under Section 14(a) of

40-22    this article, and on whom sanctions have been imposed under that

40-23    section.

40-24          SECTION 16.  Subsection (h), Article 42.037, Code of Criminal

40-25    Procedure, is amended to read as follows:

 41-1          (h)  If a defendant is placed on community supervision

 41-2    [probation] or is paroled [or released on mandatory supervision]

 41-3    under this chapter, the court or the Board of Pardons and Paroles

 41-4    shall order the payment of restitution ordered under this article

 41-5    as a condition of community supervision or [probation,] parole[, or

 41-6    mandatory supervision].  The court may revoke community supervision

 41-7    [probation] and the Board of Pardons and Paroles may revoke parole

 41-8    [or mandatory supervision] if the defendant fails to comply with

 41-9    the order.  In determining whether to revoke community supervision

41-10    or [probation,] parole[, or mandatory supervision], the court or

41-11    board shall consider:

41-12                (1)  the defendant's employment status;

41-13                (2)  the defendant's earning ability;

41-14                (3)  the defendant's financial resources;

41-15                (4)  the willfulness of the defendant's failure to pay;

41-16    and

41-17                (5)  any other special circumstances that may affect

41-18    the defendant's ability to pay.

41-19          SECTION 17.  Subsection (d), Section 8, Article 42.09, Code

41-20    of Criminal Procedure, is amended to read as follows:

41-21          (d)  The institutional division of the Texas Department of

41-22    Criminal Justice shall make documents received under Subsections

41-23    (a) and (c) available to the pardons and paroles division on the

41-24    request of the pardons and paroles division and shall, on release

41-25    of a defendant on parole [or to mandatory supervision], immediately

 42-1    provide the pardons and paroles division with copies of documents

 42-2    received under Subsection (a).  The pardons and paroles division

 42-3    shall provide to the parole officer appointed to supervise the

 42-4    defendant a comprehensive summary of the information contained in

 42-5    the documents referenced in this section not later than the 14th

 42-6    day after the date of the defendant's release.  The summary shall

 42-7    include a current photograph of the defendant and a complete set of

 42-8    the defendant's fingerprints.  Upon written request from the county

 42-9    sheriff, the photograph and fingerprints shall be filed with the

42-10    sheriff of the county to which the parolee is assigned if that

42-11    county is not the county from which the parolee was sentenced.

42-12          SECTION 18.  Subsection (a), Section 3g, Article 42.12, Code

42-13    of Criminal Procedure, as amended by Chapters 260 and 318, Acts of

42-14    the 74th Legislature, 1995, is amended to read as follows:

42-15          (a)  The provisions of Section 3 of this article do not

42-16    apply:

42-17                (1)  to a defendant adjudged guilty of an offense

42-18    under:

42-19                      (A)  Section 19.02, Penal Code (Murder);

42-20                      (B)  Section 19.03, Penal Code (Capital murder);

42-21                      (C)  Section 21.11(a)(1), Penal Code (Indecency

42-22    with a child);

42-23                      (D)  Section 20.04, Penal Code (Aggravated

42-24    kidnapping);

42-25                      (E)  Section 22.021, Penal Code (Aggravated

 43-1    sexual assault);

 43-2                      (F)  Section 29.03, Penal Code (Aggravated

 43-3    robbery); [or]

 43-4                      (G)  Chapter 481, Health and Safety Code, for

 43-5    which punishment is increased under Section 481.134(c), (d), (e),

 43-6    or (f), Health and Safety Code, if it is shown that the defendant

 43-7    has been previously convicted of an offense for which punishment

 43-8    was increased under any of those subsections; or

 43-9                      (H) [(G)]  Section 22.011(a)(2), Penal Code

43-10    (Sexual assault); or

43-11                (2)  to a defendant when it is shown that a deadly

43-12    weapon as defined in Section 1.07, Penal Code, was used or

43-13    exhibited during the commission of a felony offense or during

43-14    immediate flight therefrom, and that the defendant used or

43-15    exhibited the deadly weapon or was a party to the offense and knew

43-16    that a deadly weapon would be used or exhibited.  On an affirmative

43-17    finding under this subdivision, the trial court shall enter the

43-18    finding in the judgment of the court.  On an affirmative finding

43-19    that the deadly weapon was a firearm, the court shall enter that

43-20    finding in its judgment.

43-21          SECTION 19.  Subsection (a), Article 43.101, Code of Criminal

43-22    Procedure, is amended to read as follows:

43-23          (a)  A defendant confined in county jail awaiting trial or a

43-24    defendant confined in county jail after conviction of a felony or

43-25    revocation of community supervision or[,] parole[, or mandatory

 44-1    supervision] and awaiting transfer to the institutional division of

 44-2    the Texas Department of Criminal Justice may volunteer to

 44-3    participate in any work program operated by the sheriff that uses

 44-4    the labor of convicted defendants.

 44-5          SECTION 20.  Subsection (c), Article 60.052, Code of Criminal

 44-6    Procedure, is amended to read as follows:

 44-7          (c)  Information in the corrections tracking system relating

 44-8    to the handling of offenders must include the following information

 44-9    about each imprisonment, confinement, or execution of an offender:

44-10                (1)  the date of the imprisonment or confinement;

44-11                (2)  if the offender was sentenced to death:

44-12                      (A)  the date of execution; and

44-13                      (B)  if the death sentence was commuted, the

44-14    sentence to which the sentence of death was commuted and the date

44-15    of commutation;

44-16                (3)  the date the offender was released from

44-17    imprisonment or confinement and whether the release was a discharge

44-18    or a release on parole [or mandatory supervision];

44-19                (4)  if the offender is released on parole [or

44-20    mandatory supervision]:

44-21                      (A)  the offense for which the offender was

44-22    convicted by offense code and incident number;

44-23                      (B)  the date the offender was received by an

44-24    office of the Board of Pardons and Paroles division;

44-25                      (C)  the county in which the offender resides

 45-1    while under supervision;

 45-2                      (D)  any program in which an offender is placed

 45-3    or has previously been placed and the level of supervision the

 45-4    offender is placed on while under the jurisdiction of the Board of

 45-5    Pardons and Paroles division;

 45-6                      (E)  the date a program described by Paragraph

 45-7    (D) of this subdivision begins, the date the program ends, and

 45-8    whether the program was completed successfully;

 45-9                      (F)  the date a level of supervision described by

45-10    Paragraph (D) of this subdivision begins and the date the level of

45-11    supervision ends;

45-12                      (G)  if the offender's release status is revoked,

45-13    the reason for the revocation and the date of revocation;

45-14                      (H)  the expiration date of the sentence; and

45-15                      (I)  the date of the offender's release from the

45-16    Board of Pardons and Paroles division or the date on which the

45-17    offender is granted clemency; and

45-18                (5)  if the offender is released under Section 6(a),

45-19    Article 42.12, of this code, the date of the offender's release.

45-20          SECTION 21.  Subsection (e), Section 406.009, Government

45-21    Code, is amended to read as follows:

45-22          (e)  The dismissal and discharge of proceedings under either

45-23    the misdemeanor adult community [probation and] supervision law or

45-24    the adult community supervision or [probation,] parole[, and

45-25    mandatory supervision] law shall not be considered a conviction for

 46-1    the purposes of determining good cause.

 46-2          SECTION 22.  Subsections (a) and (b), Section 413.019,

 46-3    Government Code, are amended to read as follows:

 46-4          (a)  Each month the policy council shall determine the

 46-5    following information:

 46-6                (1)  the number and percentage of inmates released on

 46-7    parole [or to mandatory supervision] to each county;

 46-8                (2)  the number and percentage of inmates released on

 46-9    parole in absentia to each county; and

46-10                (3)  the number of inmates released to and from a

46-11    halfway house in each county, including the number of inmates who

46-12    are required as a condition of release to reside in a county other

46-13    than the county in which a halfway house is located.

46-14          (b)  The policy council shall submit to the Texas Board of

46-15    Criminal Justice an annual report that includes the following

46-16    information for the preceding 12 months:

46-17                (1)  the number of inmates released on parole [or to

46-18    mandatory supervision];

46-19                (2)  the number and percentage of inmates released on

46-20    parole [or to mandatory supervision] to each county, including the

46-21    number of inmates who are required on release from a halfway house

46-22    to reside in a county other than the county in which the halfway

46-23    house is located;

46-24                (3)  the number of inmates released on parole in

46-25    absentia;

 47-1                (4)  the number and destination of inmates who are

 47-2    transferred from one county to another during the period of release

 47-3    or supervision; and

 47-4                (5)  the number and percentage of inmates released on

 47-5    parole in absentia to each county.

 47-6          SECTION 23.  Subsection (a), Section 466.155, Government

 47-7    Code, is amended to read as follows:

 47-8          (a)  After a hearing, the director shall deny an application

 47-9    for a license or the commission shall suspend or revoke a license

47-10    if the director or commission, as applicable, finds that the

47-11    applicant or sales agent:

47-12                (1)  is an individual who:

47-13                      (A)  has been convicted of a felony, criminal

47-14    fraud, gambling or a gambling-related offense, or a misdemeanor

47-15    involving moral turpitude, if less than 10 years has elapsed since

47-16    the termination of the sentence, parole, [mandatory supervision,]

47-17    or community supervision [probation] served for the offense;

47-18                      (B)  is or has been a professional gambler;

47-19                      (C)  is married to an individual:

47-20                            (i)  described in Paragraph (A) or (B); or

47-21                            (ii)  who is currently delinquent in the

47-22    payment of any state tax;

47-23                      (D)  is an officer or employee of the commission

47-24    or a lottery operator; or

47-25                      (E)  is a spouse, child, brother, sister, or

 48-1    parent residing as a member of the same household in the principal

 48-2    place of residence of a person described by Paragraph (D);

 48-3                (2)  is not an individual, and an individual described

 48-4    in Subdivision (1):

 48-5                      (A)  is an officer or director of the applicant

 48-6    or sales agent;

 48-7                      (B)  holds more than 10 percent of the stock in

 48-8    the applicant or sales agent;

 48-9                      (C)  holds an equitable interest greater than 10

48-10    percent in the applicant or sales agent;

48-11                      (D)  is a creditor of the applicant or sales

48-12    agent who holds more than 10 percent of the applicant's or sales

48-13    agent's outstanding debt;

48-14                      (E)  is the owner or lessee of a business that

48-15    the applicant or sales agent conducts or through which the

48-16    applicant will conduct a ticket sales agency;

48-17                      (F)  shares or will share in the profits, other

48-18    than stock dividends, of the applicant or sales agent; or

48-19                      (G)  participates in managing the affairs of the

48-20    applicant or sales agent;

48-21                (3)  is currently delinquent in the payment of any

48-22    state tax;

48-23                (4)  is a person whose location for the sales agency

48-24    is:

48-25                      (A)  a racetrack at which wagering is authorized

 49-1    under the Texas Racing Act (Article 179e, Vernon's Texas Civil

 49-2    Statutes);

 49-3                      (B)  a location licensed for games of bingo under

 49-4    the Bingo Enabling Act (Article 179d, Vernon's Texas Civil

 49-5    Statutes);

 49-6                      (C)  on land that is owned by:

 49-7                            (i)  this state; or

 49-8                            (ii)  a political subdivision of this state

 49-9    and on which is located a public primary or secondary school, an

49-10    institution of higher education, or an agency of the state; or

49-11                      (D)  a location for which a person holds a wine

49-12    and beer retailer's permit, mixed beverage permit, mixed beverage

49-13    late hours permit, private club registration permit, or private

49-14    club late hours permit issued under Chapter 25, 28, 29, 32, or 33,

49-15    Alcoholic Beverage Code; or

49-16                (5)  has violated this chapter or a rule adopted under

49-17    this chapter.

49-18          SECTION 24.  Subsection (g), Section 493.015, Government

49-19    Code, as added by Section 1, Chapter 85, Acts of the 74th

49-20    Legislature, 1995, is amended to read as follows:

49-21          (g)  The department shall cooperate with the Immigration and

49-22    Naturalization Service in implementing an efficient system for the

49-23    deportation of illegal criminal aliens on completion of the

49-24    inmates' sentences or release of the inmates on parole [or

49-25    mandatory supervision].  The department shall consider:

 50-1                (1)  designating facilities or units within the

 50-2    department as central locations to hold inmates who are illegal

 50-3    criminal aliens for the period immediately preceding release on

 50-4    parole [or mandatory supervision]; and

 50-5                (2)  providing two-way closed circuit communications

 50-6    systems and other technology that will assist the state and the

 50-7    federal government in ensuring the timely and efficient deportation

 50-8    of illegal criminal aliens on the release of those aliens from

 50-9    imprisonment or confinement under the authority of the department.

50-10          SECTION 25.  Subsection (a), Section 497.035, Government

50-11    Code, is amended to read as follows:

50-12          (a)  A person commits an offense if the person intentionally

50-13    sells or offers to sell on the open market in this state an article

50-14    or product the person knows was manufactured in whole or in part by

50-15    an inmate of the institutional division or an inmate in a

50-16    correctional facility in any other state, other than an inmate:

50-17                (1)  who was on community supervision or[,] parole[, or

50-18    mandatory supervision];

50-19                (2)  employed by an enterprise who has employed the

50-20    inmate to advantage themselves of the Franchise Tax Credit offered

50-21    under Subchapter L, Chapter 171, Tax Code, at the time of

50-22    manufacture; or

50-23                (3)  participating in a federally certified prison

50-24    industry enhancement program.

50-25          SECTION 26.  Subsection (a), Section 497.094, Government

 51-1    Code, is amended to read as follows:

 51-2          (a)  The department shall implement job training programs for

 51-3    inmates confined in facilities operated by the department and

 51-4    monitor the success of those programs.  The department shall

 51-5    collect information relating to the employment histories of inmates

 51-6    released from the institutional division on parole [and mandatory

 51-7    supervision].

 51-8          SECTION 27.  Subsections (a) and (c), Section 498.003,

 51-9    Government Code, are amended to read as follows:

51-10          (a)  Good conduct time applies only to eligibility for parole

51-11    [or mandatory supervision] as provided by Section 8, Article 42.18,

51-12    Code of Criminal Procedure, and does not otherwise affect an

51-13    inmate's term.  Good conduct time is a privilege and not a right.

51-14    Regardless of the classification of an inmate, the department may

51-15    grant good conduct time to the inmate only if the department finds

51-16    that the inmate is actively engaged in an agricultural, vocational,

51-17    or educational endeavor or in an industrial program or other work

51-18    program, unless the department finds that the inmate is not capable

51-19    of participating in such an endeavor.

51-20          (c)  An inmate may not accrue good conduct time during any

51-21    period the inmate is classified as a Class III inmate or is on

51-22    parole [or under mandatory supervision].

51-23          SECTION 28.  Subsection (b), Section 498.004, Government

51-24    Code, as amended by Section 4, Chapter 249, Acts of the 74th

51-25    Legislature, 1995, is amended to read as follows:

 52-1          (b)  On the revocation of parole [or mandatory supervision]

 52-2    of an inmate, the inmate forfeits all good conduct time previously

 52-3    accrued.  On return to the institutional division the inmate may

 52-4    accrue new good conduct time for subsequent time served in the

 52-5    division.  The department may not restore good conduct time

 52-6    forfeited on a revocation.

 52-7          SECTION 29.  Subsection (b), Section 498.004, Government

 52-8    Code, as amended by Section 1.049, Chapter 321, Acts of the 74th

 52-9    Legislature, 1995, is amended to read as follows:

52-10          (b)  On the revocation of parole [or mandatory supervision]

52-11    of an inmate, the inmate forfeits all good conduct time previously

52-12    accrued.  On return to the institutional division the inmate may

52-13    accrue new good conduct time for subsequent time served in the

52-14    division.  The department may restore good conduct time forfeited

52-15    on a revocation that does not involve a new criminal conviction

52-16    after the inmate has served at least three months of good behavior

52-17    in the institutional division, subject to policies established by

52-18    the division.

52-19          SECTION 30.  Subsection (a), Section 499.002, Government

52-20    Code, is amended to read as follows:

52-21          (a)  The pardons and paroles division may assume custody of

52-22    an eligible inmate not more than one year before the inmate's

52-23    presumptive parole date [or mandatory supervision release date].

52-24    The eligible inmate becomes a pre-parolee on the date the pardons

52-25    and paroles division assumes custody, and the pardons and paroles

 53-1    division immediately shall transfer the pre-parolee to a community

 53-2    residential facility.  Except as otherwise provided by this

 53-3    subchapter, the pre-parolee may serve the remainder of the

 53-4    pre-parolee's sentence before release on parole in the facility

 53-5    designated by the pardons and paroles division.

 53-6          SECTION 31.  (a)  Subsection (b), Section 499.025, Government

 53-7    Code, is amended to read as follows:

 53-8          (b)  If the inmate population of the institutional division

 53-9    reaches 95 percent of capacity or, if the attorney general has

53-10    authorized an increase in the permissible percentage of capacity

53-11    under Section 499.109, the inmate population reaches that increased

53-12    permissible percentage, the director shall immediately notify the

53-13    executive director, the board, and the attorney general in writing

53-14    of that fact.  The attorney general shall certify to the board in

53-15    writing as to whether the institutional division has reached 95

53-16    percent of capacity or, if applicable, the increased permissible

53-17    percentage.  If the attorney general certifies that 95 percent of

53-18    capacity has been reached or, if applicable, that the increased

53-19    permissible percentage has been reached, the board shall

53-20    immediately certify that an emergency overcrowding situation exists

53-21    and direct the Board of Pardons and Paroles to proceed in the

53-22    manner described by Subsection (c).  If the Commission on Jail

53-23    Standards determines that in any county jail in this state there

53-24    exists an inmate awaiting transfer to the institutional division

53-25    following conviction of a felony or revocation of community

 54-1    supervision or [probation,] parole[, or release on mandatory

 54-2    supervision] and for whom all paperwork and processing required for

 54-3    transfer have been completed for not less than 45 days, the board

 54-4    may direct the Board of Pardons and Paroles to proceed in the

 54-5    manner described by Subsection (c).

 54-6          (b)  This section takes effect only if Section 32 of this Act

 54-7    does not take effect.

 54-8          SECTION 32.  (a)  Subsection (b), Section 499.025, Government

 54-9    Code, is amended to read as follows:

54-10          (b)  If the inmate population of the institutional division

54-11    reaches 100 percent of capacity or, if the attorney general has

54-12    authorized an increase in the permissible percentage of capacity

54-13    under Section 499.109, the inmate population reaches that increased

54-14    permissible percentage, the director shall immediately notify the

54-15    executive director, the board, and the attorney general in writing

54-16    of that fact.  The attorney general shall certify to the board in

54-17    writing as to whether the institutional division has reached 100

54-18    percent of capacity or, if applicable, the increased permissible

54-19    percentage.  If the attorney general certifies that 100 percent of

54-20    capacity has been reached or, if applicable, that the increased

54-21    permissible percentage has been reached, the board shall

54-22    immediately certify that an emergency overcrowding situation exists

54-23    and direct the Board of Pardons and Paroles to proceed in the

54-24    manner described by Subsection (c).  If the Commission on Jail

54-25    Standards determines that in any county jail in this state there

 55-1    exists an inmate awaiting transfer to the institutional division

 55-2    following conviction of a felony or revocation of community

 55-3    supervision or [probation,] parole[, or release on mandatory

 55-4    supervision] and for whom all paperwork and processing required for

 55-5    transfer have been completed for not less than 45 days, the board

 55-6    may direct the Board of Pardons and Paroles to proceed in the

 55-7    manner described by Subsection (c).

 55-8          (b)  This section takes effect only if the attorney general,

 55-9    under the terms of Subsection (c), Section 71, Chapter 318, Acts of

55-10    the 74th Legislature, 1995, makes the certification described by

55-11    Subsection (c), Section 71.  If the attorney general does not make

55-12    the certification described by Subsection (c), Section 71, this

55-13    section has no effect.

55-14          SECTION 33.  Subsection (c), Section 499.053, Government

55-15    Code, is amended to read as follows:

55-16          (c)  All laws relating to good conduct time and eligibility

55-17    for release on parole [or mandatory supervision] apply to a person

55-18    transferred to the institutional division by the youth commission

55-19    as if the time the person was detained in a detention facility and

55-20    the time the person served in the custody of the youth commission

55-21    was time served in the custody of the division.

55-22          SECTION 34.  Section 499.122, Government Code, is amended to

55-23    read as follows:

55-24          Sec. 499.122.  Inmate Count.  The Commission on Jail

55-25    Standards shall analyze monthly the population of each jail in this

 56-1    state that is the jail for a qualifying county and determine the

 56-2    number of inmates confined in the jail who are awaiting transfer to

 56-3    the institutional division following conviction of a felony or

 56-4    revocation of community supervision or [probation,] parole[, or

 56-5    release on mandatory supervision] and for whom all paperwork and

 56-6    processing required under Section 8(a), Article 42.09, Code of

 56-7    Criminal Procedure, for transfer have been completed.  The

 56-8    commission may not consider in determining the population of the

 56-9    jail under this section any inmate who is in the jail after having

56-10    been transferred from another jail and for whom the commission has

56-11    made payment under this subchapter.

56-12          SECTION 35.  Subsections (a) and (c), Section 499.123,

56-13    Government Code, are amended to read as follows:

56-14          (a)  Not later than the 32nd day after the effective date of

56-15    this subchapter, the Commission on Jail Standards shall determine

56-16    for each jail in this state that is the jail for a qualifying

56-17    county the number of inmates confined in the jail on April 1, 1991,

56-18    who were awaiting transfer to the institutional division following

56-19    conviction of a felony or revocation of community supervision or

56-20    [probation,] parole[, or release on mandatory supervision] and for

56-21    whom paperwork and processing required under Section 8(a), Article

56-22    42.09, Code of Criminal Procedure, for transfer had been completed

56-23    on that date.

56-24          (c)  Not later than September 10, 1993, the Commission on

56-25    Jail Standards shall determine for each jail in this state that is

 57-1    the jail for a qualifying county the number of inmates confined in

 57-2    the jail on September 1, 1993, who were awaiting transfer to the

 57-3    institutional division following conviction of a felony or

 57-4    revocation of community supervision or [probation,] parole[, or

 57-5    release on mandatory supervision] and for whom paperwork and

 57-6    processing required under Section 8(a), Article 42.09, Code of

 57-7    Criminal Procedure, for transfer had been completed, as determined

 57-8    under Section 499.122, on that date.

 57-9          SECTION 36.  Subsection (a), Section 499.126, Government

57-10    Code, is amended to read as follows:

57-11          (a)  In this subchapter, "qualifying county" means a county

57-12    that:

57-13                (1)  on or after the effective date of this subchapter

57-14    does not initiate or become a party to a suit against the state or

57-15    a state agency or state official, the subject of which is the

57-16    reimbursement of the county for the confinement of inmates in the

57-17    county jail who are awaiting transfer to the institutional division

57-18    following conviction of a felony or revocation of community

57-19    supervision or [probation,] parole[, or release on mandatory

57-20    supervision]; and

57-21                (2)  if, before the effective date of this subchapter,

57-22    it was a party to a suit in state court described by Subdivision

57-23    (1), has before the 31st day after the effective date of this

57-24    subchapter:

57-25                      (A)  had the county's suit vacated and dismissed

 58-1    by the court;

 58-2                      (B)  had the county's suit abated by the court,

 58-3    by entry of an abatement order that specifically provides that:

 58-4                            (i)  the suit may not be reactivated except

 58-5    before September 1, 1997, and except on a finding by the court that

 58-6    the state has substantially failed to perform a duty imposed under

 58-7    this subchapter;

 58-8                            (ii)  the county is barred from any claim

 58-9    for reimbursement for the cost of confining inmates on and after

58-10    the effective date of this subchapter and until September 1, 1995,

58-11    other than reimbursement specified in this subchapter; and

58-12                            (iii)  if the suit is not reactivated

58-13    before September 1, 1997, the court shall vacate and dismiss the

58-14    suit on that date; or

58-15                      (C)  had the county's suit settled by written

58-16    agreement.

58-17          SECTION 37.  Section 499.152, Government Code, is amended to

58-18    read as follows:

58-19          Sec. 499.152.  Eligible Inmates.  The institutional division

58-20    may confine an inmate in a transfer facility authorized by this

58-21    subchapter:

58-22                (1)  only if paperwork and processing required under

58-23    Section 8(a), Article 42.09, Code of Criminal Procedure, for

58-24    transfer of the inmate to the division has been completed; and

58-25                (2)  only during a period in which the inmate would

 59-1    otherwise be confined in a county jail awaiting transfer to the

 59-2    division following conviction of a felony or revocation of

 59-3    community supervision or [probation,] parole[, or release on

 59-4    mandatory supervision].

 59-5          SECTION 38.  Subsections (b) and (c), Section 499.155,

 59-6    Government Code, are amended to read as follows:

 59-7          (b)  If an inmate described by Section 499.152 is confined in

 59-8    a transfer facility, is released from or transferred from the

 59-9    transfer facility or returned to the convicting county under court

59-10    order, and is convicted of a subsequent offense, is returned from

59-11    the convicting county, or is the subject of a revocation of parole

59-12    [or mandatory supervision], the institutional division shall not

59-13    calculate the previous period of confinement in determining the

59-14    maximum period the defendant may be confined in a transfer facility

59-15    following conviction of the subsequent offense, return from the

59-16    convicting county, or revocation.

59-17          (c)  If an inmate is discharged or released on parole [or

59-18    mandatory supervision] from a transfer facility, the inmate is

59-19    entitled to receive release or discharge money from the

59-20    institutional division in the same amount as an inmate is entitled

59-21    to receive on release or discharge from any other facility of the

59-22    institutional division under Section 501.015.

59-23          SECTION 39.  Subsections (a) and (b), Section 501.015,

59-24    Government Code, are amended to read as follows:

59-25          (a)  When an inmate is discharged or is released on parole[,

 60-1    mandatory supervision,] or conditional pardon, the institutional

 60-2    division shall provide the inmate with:

 60-3                (1)  suitable civilian clothing;

 60-4                (2)  money held in the inmate's trust account by the

 60-5    director; and

 60-6                (3)  cash, in an amount and in the manner described by

 60-7    Subsection (b).

 60-8          (b)  When an inmate is released on parole[, mandatory

 60-9    supervision,] or conditional pardon, the inmate is entitled to

60-10    receive $100 from the department and transportation at the expense

60-11    of the department to the location at which the inmate is required

60-12    to report to a parole officer by the pardons and paroles division.

60-13    The inmate shall receive $50 on his release from the institution

60-14    and $50 on initially reporting to a parole officer at the location

60-15    at which the inmate is required to report to a parole officer.  If

60-16    an inmate is released and is not required by the pardons and

60-17    paroles division to report to a parole officer or is authorized by

60-18    the pardons and paroles division to report to a location outside

60-19    this state, the department shall provide the inmate with $100 and,

60-20    at the expense of the department, transportation to:

60-21                (1)  the location of the inmate's residence, if the

60-22    residence is in this state; or

60-23                (2)  a transit point determined appropriate by the

60-24    department, if the inmate's residence is outside this state or the

60-25    inmate is required by the pardons and paroles division to report to

 61-1    a location outside this state.

 61-2          SECTION 40.  Subsection (a), Section 501.016, Government

 61-3    Code, is amended to read as follows:

 61-4          (a)  The department shall prepare and provide an inmate with

 61-5    the inmate's discharge or release papers when the inmate is

 61-6    entitled to be discharged or to be released on parole[, mandatory

 61-7    supervision,] or conditional pardon.  The papers must be dated and

 61-8    signed by the officer preparing the papers and bear the seal of the

 61-9    department.  The papers must contain:

61-10                (1)  the inmate's name;

61-11                (2)  a statement of the offense or offenses for which

61-12    the inmate was sentenced;

61-13                (3)  the date on which the defendant was sentenced and

61-14    the length of the sentence;

61-15                (4)  the name of the county in which the inmate was

61-16    sentenced;

61-17                (5)  the amount of calendar time the inmate actually

61-18    served;

61-19                (6)  a statement of any trade learned by the inmate and

61-20    the inmate's proficiency at that trade; and

61-21                (7)  the physical description of the inmate, as far as

61-22    practicable.

61-23          SECTION 41.  Subsection (g), Section 501.054, Government

61-24    Code, is amended to read as follows:

61-25          (g)  The department shall maintain the confidentiality of

 62-1    test results of an inmate indicating HIV infection after the

 62-2    inmate's discharge, release from a state jail, or release on parole

 62-3    [or mandatory supervision] and may not honor the request of an

 62-4    agency of the state or any person who requests a test result as a

 62-5    condition of housing or supervising the inmate while the inmate is

 62-6    on community supervision or parole [or mandatory supervision],

 62-7    unless honoring the request would improve the ability of the inmate

 62-8    to obtain essential health and social services.

 62-9          SECTION 42.  Subsection (d), Section 501.0931, Government

62-10    Code, is amended to read as follows:

62-11          (d)  The institutional division shall separate inmates

62-12    participating in the program from the general population of the

62-13    division and house the inmates in discrete units or areas within

62-14    units, except during the diagnostic process or at other times

62-15    determined to be necessary by the division for medical or security

62-16    purposes.  The institutional division shall separate an inmate who

62-17    successfully completes the program from the general population of

62-18    the division during any period after completion and before the

62-19    inmate is discharged or released on parole [or mandatory

62-20    supervision] from the department.

62-21          SECTION 43.  Subsection (a), Section 511.0101, Government

62-22    Code, is amended to read as follows:

62-23          (a)  Each county shall submit to the commission on or before

62-24    the fifth day of each month a report containing the following

62-25    information:

 63-1                (1)  the number of prisoners confined in the county

 63-2    jail on the first day of the month, classified on the basis of the

 63-3    following categories:

 63-4                      (A)  total prisoners;

 63-5                      (B)  pretrial Class C misdemeanor offenders;

 63-6                      (C)  pretrial Class A and B misdemeanor

 63-7    offenders;

 63-8                      (D)  convicted misdemeanor offenders;

 63-9                      (E)  felony offenders whose penalty has been

63-10    reduced to a misdemeanor;

63-11                      (F)  pretrial felony offenders;

63-12                      (G)  convicted felony offenders;

63-13                      (H)  prisoners detained on bench warrants;

63-14                      (I)  prisoners detained for parole violations;

63-15                      (J)  prisoners detained for federal officers;

63-16                      (K)  prisoners awaiting transfer to the

63-17    institutional division of the Texas Department of Criminal Justice

63-18    following conviction of a felony or revocation of community

63-19    supervision or [probation,] parole[, or release on mandatory

63-20    supervision] and for whom paperwork and processing required for

63-21    transfer have been completed;

63-22                      (L)  prisoners detained after having been

63-23    transferred from another jail and for whom the commission has made

63-24    a payment under Subchapter F, Chapter 499, Government Code; and

63-25                      (M)  other prisoners;

 64-1                (2)  the total capacity of the county jail on the first

 64-2    day of the month; and

 64-3                (3)  certification by the reporting official that the

 64-4    information in the report is accurate.

 64-5          SECTION 44.  Subsections (a) and (b), Section 575.016, Health

 64-6    and Safety Code, are amended to read as follows:

 64-7          (a)  The institutional division of the Texas Department of

 64-8    Criminal Justice shall transfer a patient committed to an

 64-9    institutional division inpatient mental health facility under

64-10    Section 574.044 to a noncorrectional mental health facility on the

64-11    day the inmate is released on parole [or mandatory supervision].

64-12          (b)  A patient transferred to a department mental health

64-13    facility shall be transferred as prescribed by Section 575.011 or

64-14    575.012 to the facility that serves the location to which the

64-15    patient is released on parole [or mandatory supervision].

64-16          SECTION 45.  Subsection (a), Section 46.04, Penal Code, is

64-17    amended to read as follows:

64-18          (a)  A person who has been convicted of a felony commits an

64-19    offense if he possesses a firearm:

64-20                (1)  after conviction and before the fifth anniversary

64-21    of the person's release from confinement following conviction of

64-22    the felony or the person's release from supervision under community

64-23    supervision or[,] parole[, or mandatory supervision], whichever

64-24    date is later; or

64-25                (2)  after the period described by Subdivision (1), at

 65-1    any location other than the premises at which the person lives.

 65-2          SECTION 46.  Subsection (a), Section 46.06, Penal Code, is

 65-3    amended to read as follows:

 65-4          (a)  A person commits an offense if the person:

 65-5                (1)  sells, rents, leases, loans, or gives a handgun to

 65-6    any person knowing that the person to whom the handgun is to be

 65-7    delivered intends to use it unlawfully or in the commission of an

 65-8    unlawful act;

 65-9                (2)  intentionally or knowingly sells, rents, leases,

65-10    or gives or offers to sell, rent, lease, or give to any child

65-11    younger than 18 years any firearm, club, or illegal knife;

65-12                (3)  intentionally, knowingly, or recklessly sells a

65-13    firearm or ammunition for a firearm to any person who is

65-14    intoxicated;

65-15                (4)  knowingly sells a firearm or ammunition for a

65-16    firearm to any person who has been convicted of a felony before the

65-17    fifth anniversary of the later of the following dates:

65-18                      (A)  the person's release from confinement

65-19    following conviction of the felony; or

65-20                      (B)  the person's release from supervision under

65-21    community supervision or[,] parole[, or mandatory supervision]

65-22    following conviction of the felony; or

65-23                (5)  sells, rents, leases, loans, or gives a handgun to

65-24    any person knowing that an active protective order is directed to

65-25    the person to whom the handgun is to be delivered.

 66-1          SECTION 47.  Subsections (c), (l), and (q), Section 13, Bingo

 66-2    Enabling Act (Article 179d, Vernon's Texas Civil Statutes), are

 66-3    amended to read as follows:

 66-4          (c)  The commission shall issue to an applicant a license for

 66-5    the conduct of bingo, or a license renewal, on payment of a license

 66-6    fee in accordance with Subdivision (1) of Subsection (d) of this

 66-7    section, if the commission determines that:

 66-8                (1)  the member or members of the applicant designated

 66-9    in the application to conduct bingo are active members of the

66-10    applicant;

66-11                (2)  no person under whose name the game or games of

66-12    bingo will be conducted, and no person who will work at the

66-13    proposed bingo games, has been convicted of a felony, gambling

66-14    offense, criminal fraud, or a crime of moral turpitude for which

66-15    less than 10 years have elapsed since termination of any sentence,

66-16    parole, [mandatory supervision,] or community supervision

66-17    [probation] served for the offense;

66-18                (3)  the games are to be conducted in accordance with

66-19    this Act;

66-20                (4)  the proceeds of the games are to be disposed of as

66-21    provided by this Act;

66-22                (5)  the applicant has made and can demonstrate

66-23    significant progress toward the accomplishment of the purposes of

66-24    the organization during the 12-month period preceding the date of

66-25    application for a license or license renewal; and

 67-1                (6)  all persons who will conduct, promote, or

 67-2    administer the proposed bingo games are active, bona fide members

 67-3    of the applicant organization and all other persons who will assist

 67-4    in conducting, promoting, or administering the proposed bingo games

 67-5    are persons authorized to do so by Section 19 of this Act.

 67-6          (l)  The commission may not issue a license to an authorized

 67-7    organization to conduct bingo if an officer of the organization has

 67-8    been convicted of a felony, criminal fraud, gambling or

 67-9    gambling-related offense, or crime of moral turpitude, if less than

67-10    10 years have elapsed since the termination of any sentence,

67-11    parole, [mandatory supervision,] or community supervision

67-12    [probation] served for the offense.

67-13          (q)  The following persons are not eligible for a commercial

67-14    license to lease bingo premises to a licensed authorized

67-15    organization:

67-16                (1)  a person convicted of a felony, criminal fraud,

67-17    gambling or gambling-related offense, or crime of moral turpitude,

67-18    if less than 10 years have elapsed since the termination of any

67-19    sentence, parole, [mandatory supervision,] or community supervision

67-20    [probation] served for the offense;

67-21                (2)  a public officer who receives any consideration,

67-22    direct or indirect, as owner or lessor of premises offered for the

67-23    purpose of conducting bingo;

67-24                (3)  a person who extends credit to, loans money to, or

67-25    pays or provides for the payment of license fees for an authorized

 68-1    organization;

 68-2                (4)  a distributor or manufacturer; or

 68-3                (5)  a person, firm, or corporation in which a person

 68-4    covered by Subdivision (1), (2), (3), or (4) of this subsection or

 68-5    a person married or related in the first degree by consanguinity or

 68-6    affinity, as determined under Subchapter B, Chapter 573, Government

 68-7    Code [Article 5996h, Revised Statutes], to one of those persons has

 68-8    greater than a 10 percent proprietary, equitable, or credit

 68-9    interest or in which one of those persons is active or employed.

68-10          SECTION 48.  Subsection (c), Section 13a, Bingo Enabling Act

68-11    (Article 179d, Vernon's Texas Civil Statutes), is amended to read

68-12    as follows:

68-13          (c)  The following persons are not eligible for a license

68-14    issued under this section:

68-15                (1)  a person convicted of a felony, criminal fraud,

68-16    gambling or gambling-related offense, or a crime of moral

68-17    turpitude, if less than 10 years have elapsed since the termination

68-18    of any sentence, parole, [mandatory supervision,] or community

68-19    supervision [probation] served for the offense;

68-20                (2)  a person who is or has been a professional gambler

68-21    or gambling promoter;

68-22                (3)  an elected or appointed public officer or public

68-23    employee;

68-24                (4)  an owner, officer, director, shareholder, agent,

68-25    or employee of a commercial lessor licensed under this Act;

 69-1                (5)  a person who conducts, promotes, or administers,

 69-2    or assists in conducting, promoting, or administering bingo games

 69-3    for which a license is required by this Act;

 69-4                (6)  a distributor required to be licensed under this

 69-5    Act;

 69-6                (7)  a person who has had a license to manufacture,

 69-7    distribute, or supply bingo equipment, devices, or supplies revoked

 69-8    within the preceding year by any other state;

 69-9                (8)  an owner, officer, director, or shareholder of, or

69-10    holder of an equitable or credit interest in, another manufacturer

69-11    or distributor licensed or required to be licensed under this Act;

69-12    or

69-13                (9)  a person, firm, or corporation:

69-14                      (A)  in which a person described by Subdivision

69-15    (1), (2), (3), (4), (5), (6), (7), or (8) of this subsection or in

69-16    which a person married or related in the first degree by

69-17    consanguinity or affinity to one of those persons has greater than

69-18    a 10 percent proprietary, equitable, or credit interest or in which

69-19    one of those persons is active or employed; or

69-20                      (B)  in whose application a person described by

69-21    Subdivision (1), (2), (3), (4), (5), (6), (7), or (8) of this

69-22    subsection is required to be named.

69-23          SECTION 49.  Subsection (c), Section 13b, Bingo Enabling Act

69-24    (Article 179d, Vernon's Texas Civil Statutes), is amended to read

69-25    as follows:

 70-1          (c)  The following persons are not eligible for a license

 70-2    under this section:

 70-3                (1)  a person convicted of a felony, criminal fraud,

 70-4    gambling or gambling-related offense, or crime of moral turpitude,

 70-5    if less than 10 years have elapsed since the termination of any

 70-6    sentence, parole, [mandatory supervision,] or community supervision

 70-7    [probation] served for the offense;

 70-8                (2)  a person who is or has been a professional gambler

 70-9    or gambling promoter;

70-10                (3)  an elected or appointed public officer or a public

70-11    employee;

70-12                (4)  an owner, officer, director, shareholder, agent,

70-13    or employee of a commercial lessor licensed under this Act;

70-14                (5)  a person who conducts, promotes, or administers,

70-15    or assists in conducting, promoting, or administering bingo games

70-16    for which a license is required by this Act;

70-17                (6)  a manufacturer required to be licensed under this

70-18    Act;

70-19                (7)  a person whose license to manufacture, distribute,

70-20    or supply bingo equipment, devices, or supplies has been revoked

70-21    within the past year by any other state;

70-22                (8)  an owner, officer, director, shareholder, or

70-23    person having an equitable or credit interest in another

70-24    manufacturer or distributor licensed or required to be licensed

70-25    under this Act; or

 71-1                (9)  a person, firm, or corporation:

 71-2                      (A)  in which a person described by Subdivision

 71-3    (1), (2), (3), (4), (5), (6), (7), or (8) of this subsection or in

 71-4    which a person married or related in the first degree by

 71-5    consanguinity or affinity, as determined under Subchapter B,

 71-6    Chapter 573, Government Code [Article 5996h, Revised Statutes], to

 71-7    one of those persons has greater than a 10 percent proprietary,

 71-8    equitable, or credit interest or in which one of those persons is

 71-9    active or employed; or

71-10                      (B)  in whose application a person described by

71-11    Subdivision (1), (2), (3), (4), (5), (6), (7), or (8) of this

71-12    subsection is required to be named.

71-13          SECTION 50.  Subsection (a), Section 3, Private Investigators

71-14    and Private Security Agencies Act (Article 4413(29bb), Vernon's

71-15    Texas Civil Statutes), is amended to read as follows:

71-16          (a)  This Act does not apply to:

71-17                (1)  a person employed exclusively and regularly by one

71-18    employer in connection with the affairs of an employer only and

71-19    where there exists an employer-employee relationship; provided,

71-20    however, any person who shall carry a firearm in the course of his

71-21    employment shall be required to obtain a private security officer

71-22    commission under the provisions of this Act;

71-23                (2)  except as provided by Subsection (d) of this

71-24    Section, an officer or employee of the United States of America, or

71-25    of this State or political subdivision of either, while the

 72-1    employee or officer is engaged in the performance of official

 72-2    duties;

 72-3                (3)  a person who has full-time employment as a peace

 72-4    officer, who receives compensation for private employment on an

 72-5    individual or an independent contractor basis as a patrolman,

 72-6    guard, or watchman if the officer:

 72-7                      (A)  is employed in an employee-employer

 72-8    relationship or employed on an individual contractual basis;

 72-9                      (B)  is not in the employ of another peace

72-10    officer;

72-11                      (C)  is not a reserve peace officer; and

72-12                      (D)  works as a peace officer on the average of

72-13    at least 32 hours a week, is compensated by the state or a

72-14    political subdivision of the state at the rate of the minimum wage

72-15    or higher, and is entitled to all employee benefits offered to a

72-16    peace officer by the state or political subdivision;

72-17                (4)  a person engaged exclusively in the business of

72-18    obtaining and furnishing information for purposes of credit

72-19    worthiness or collecting debts or ascertaining the financial

72-20    responsibility of applicants for property insurance and for

72-21    indemnity or surety bonds, with respect to persons, firms, and

72-22    corporations;

72-23                (5)  an attorney-at-law in performing his duties;

72-24                (6)  admitted insurers, insurance adjusters, agents,

72-25    and insurance brokers licensed by the State, performing duties in

 73-1    connection with insurance transacted by them;

 73-2                (7)  a person who engages exclusively in the business

 73-3    of repossessing property that is secured by a mortgage or other

 73-4    security interest;

 73-5                (8)  a locksmith who does not install or service

 73-6    detection devices, does not conduct investigations, and is not a

 73-7    security service contractor;

 73-8                (9)  a person who owns and installs burglar detection

 73-9    or alarm devices on his own property or, if he does not charge for

73-10    the device or its installation, installs it for the protection of

73-11    his personal property located on another's property, and does not

73-12    install the devices as a normal business practice on the property

73-13    of another;

73-14                (10)  an employee of a cattle association who is

73-15    engaged in inspection of brands of livestock under the authority

73-16    granted to that cattle association by the Packers and Stockyards

73-17    Division of the United States Department of Agriculture;

73-18                (11)  the provisions of this Act shall not apply to

73-19    common carriers by rail engaged in interstate commerce and

73-20    regulated by state and federal authorities and transporting

73-21    commodities essential to the national defense and to the general

73-22    welfare and safety of the community;

73-23                (12)  a registered professional engineer practicing in

73-24    accordance with the provisions of the Texas Engineering Practice

73-25    Act  that does not install or service detection devices, does not

 74-1    conduct nonengineering investigations, is performing forensic

 74-2    engineering studies, and is not a security services contractor;

 74-3                (13)  a person whose sale of burglar alarm signal

 74-4    devices, burglary alarms, television cameras, still cameras, or

 74-5    other electrical, mechanical, or electronic devices used for

 74-6    preventing or detecting burglary, theft, shoplifting, pilferage, or

 74-7    other losses is exclusively over-the-counter or by mail order;

 74-8                (14)  a person who holds a license or other form of

 74-9    permission issued by an incorporated city or town to practice as an

74-10    electrician and who installs fire or smoke detectors in no building

74-11    other than a single family or multifamily residence;

74-12                (15)  a person or organization in the business of

74-13    building construction that installs electrical wiring and devices

74-14    that may include in part the installation of a burglar alarm or

74-15    detection device if:

74-16                      (A)  the person or organization is a party to a

74-17    contract that provides that the installation will be performed

74-18    under the direct supervision of and inspected and certified by a

74-19    person or organization licensed to install and certify such an

74-20    alarm or detection device and that the licensee assumes full

74-21    responsibility for the installation of the alarm or detection

74-22    device; and

74-23                      (B)  the person or organization does not service

74-24    or maintain burglar alarms or detection devices;

74-25                (16)  a reserve peace officer while the reserve officer

 75-1    is performing guard, patrolman, or watchman duties for a county and

 75-2    is being compensated solely by that county;

 75-3                (17)  response to a burglar alarm or detection device

 75-4    by a law enforcement agency or by a law enforcement officer acting

 75-5    in an official capacity;

 75-6                (18)  a person who, by education, experience, or

 75-7    background has specialized expertise or knowledge such as that

 75-8    which would qualify or tend to qualify such person as an expert

 75-9    witness, authorized to render opinions in proceedings conducted in

75-10    a court, administrative agency, or governing body of this state or

75-11    of the United States, in accordance with applicable rules and

75-12    regulations and who does not perform any other service for which a

75-13    license is required by provisions of this Act;

75-14                (19)  an officer, employee, or agent of a common

75-15    carrier, as defined by Section 153(h), Communications Act of 1934

75-16    (47 U.S.C.A. Sec. 151 et seq.), while protecting the carrier or a

75-17    user of the carrier's long-distance services from a fraudulent,

75-18    unlawful, or abusive use of those long-distance services;

75-19                (20)  a person who sells or installs automobile burglar

75-20    alarm devices and that does not perform any other act that requires

75-21    a license under this Act;

75-22                (21)  a manufacturer, or a manufacturer's authorized

75-23    distributor, who sells to the holder of a license under this Act

75-24    equipment used in the operations for which the holder is required

75-25    to be licensed;

 76-1                (22)  a person employed as a noncommissioned security

 76-2    officer by a political subdivision of this state;

 76-3                (23)  a person whose activities are regulated under

 76-4    Article 5.43-2, Insurance Code, except to the extent that those

 76-5    activities are specifically regulated under this Act;

 76-6                (24)  a landman performing activities in the course and

 76-7    scope of the landman's business;

 76-8                (25)  a hospital or a wholly owned subsidiary or

 76-9    affiliate of a hospital that provides medical alert services for

76-10    persons who are sick or disabled, if the hospital, subsidiary, or

76-11    affiliate is licensed under Chapter 241, Health and Safety Code,

76-12    and the hospital does not perform any other service that requires a

76-13    license under this Act;

76-14                (26)  a charitable, nonprofit organization that

76-15    provides medical alert services for persons who are sick or

76-16    disabled, if the organization:

76-17                      (A)  is exempt from taxation under Section

76-18    501(c)(3), Internal Revenue Code of 1986;

76-19                      (B)  has its monitoring services provided by a

76-20    licensed person or hospital or a wholly owned subsidiary or

76-21    affiliate of a hospital licensed under Chapter 241, Health and

76-22    Safety Code; and

76-23                      (C)  does not perform any other service that

76-24    requires a license under this Act;

76-25                (27)  a person engaged in the business of electronic

 77-1    monitoring of a person as a condition of that person's community

 77-2    supervision [probation], parole, [mandatory supervision,] or

 77-3    release on bail, if the person does not perform any other service

 77-4    that requires a license under this Act;

 77-5                (28)  a nonprofit business or civic organization that:

 77-6                      (A)  employs one or more peace officers meeting

 77-7    the qualifications of Subdivision (3) of this subsection as

 77-8    patrolmen, guards, or watchmen;

 77-9                      (B)  provides the services of these peace

77-10    officers only to:

77-11                            (i)  its members; or

77-12                            (ii)  if the organization does not have

77-13    members, the members of the communities served by the organization

77-14    as described in its articles of incorporation or other

77-15    organizational documents;

77-16                      (C)  devotes the net receipts from all charges

77-17    for the services exclusively to the cost of providing the services

77-18    or to the costs of other services for the enhancement of the

77-19    security or safety of:

77-20                            (i)  its members; or

77-21                            (ii)  if the organization does not have

77-22    members, the members of the communities served by the organization

77-23    as described in its articles of incorporation or other

77-24    organizational documents; and

77-25                      (D)  does not perform any other service that

 78-1    requires a license under this Act;

 78-2                (29)  a charitable, nonprofit organization that

 78-3    maintains a system of records to aid in the location of missing

 78-4    children if the organization:

 78-5                      (A)  is exempt from federal taxation under

 78-6    Section 501(c)(3), Internal Revenue Code of 1986[, and its

 78-7    subsequent amendments];

 78-8                      (B)  exclusively provides services related to

 78-9    locating missing children; and

78-10                      (C)  does not perform any other service that

78-11    requires a license under this Act; or

78-12                (30)  a person engaged in the business of psychological

78-13    testing or other testing and interviewing services (to include but

78-14    not limited to attitudes, honesty, intelligence, personality, and

78-15    skills) for preemployment purposes, if the person does not perform

78-16    any other service that requires a license under this Act.

78-17          SECTION 51.  Subsection (e), Section 4, Article 6252-13c,

78-18    Revised Statutes, is amended to read as follows:

78-19          (e)  Upon a licensee's felony conviction, felony community

78-20    supervision [probation] revocation, or revocation of parole[, or

78-21    revocation of mandatory supervision], his license shall be revoked.

78-22          SECTION 52.  Subdivision (4), Section 1, Article 6252-13c.1,

78-23    Revised Statutes, is amended to read as follows:

78-24                (4)  "Released" means discharged or[,] paroled[, or

78-25    placed on mandatory supervision].

 79-1          SECTION 53.  Subsection (e), Section 2, Article 6252-13c.1,

 79-2    Revised Statutes, is amended to read as follows:

 79-3          (e)  If a person subject to registration under this article

 79-4    does not move to an intended residence by the end of the seventh

 79-5    day after the date on which the person is released on community

 79-6    supervision or[,] parole[, or mandatory supervision] or the date on

 79-7    which the person leaves a previous residence, the person shall:

 79-8                (1)  report to the community supervision and

 79-9    corrections department officer or the parole officer supervising

79-10    the person by not later than the seventh day after the date on

79-11    which the person is released or the date on which the person leaves

79-12    a previous residence, as applicable, and provide the officer with

79-13    the address of the person's temporary residence; and

79-14                (2)  continue to report to the person's supervising

79-15    officer not less than weekly during any period of time in which the

79-16    person has not moved to an intended residence and provide the

79-17    officer with the address of the person's temporary residence.

79-18          SECTION 54.  Subsection (a), Section 3, Article 6252-13c.1,

79-19    Revised Statutes, is amended to read as follows:

79-20          (a)  Before a person who will be subject to registration

79-21    under this article is due to be released from a penal institution,

79-22    an official of the penal institution shall:

79-23                (1)  inform the person that:

79-24                      (A)  not later than the seventh day after the

79-25    date on which the person is released on community supervision or[,]

 80-1    parole[, or mandatory supervision] or the date on which the person

 80-2    moves from a previous residence to a new residence in this state,

 80-3    the person must:

 80-4                            (i)  register or verify registration with

 80-5    the local law enforcement authority in the municipality or county

 80-6    in which the person intends to reside; or

 80-7                            (ii)  if the person has not moved to an

 80-8    intended residence, report to the community supervision and

 80-9    corrections department officer or the parole officer supervising

80-10    the person;

80-11                      (B)  not later than the seventh day before the

80-12    date on which the person moves to a new residence in this state or

80-13    another state, the person must report in person to the local law

80-14    enforcement authority with whom the person last registered and to

80-15    the community supervision and corrections department officer or the

80-16    parole officer supervising the person; and

80-17                      (C)  not later than the 10th day after the date

80-18    on which the person arrives in another state in which the person

80-19    intends to reside, the person must register with the law

80-20    enforcement agency that is identified by the department as the

80-21    agency designated by that state to receive registration

80-22    information, if the other state has a registration requirement for

80-23    sex offenders;

80-24                (2)  require the person to sign a written statement

80-25    that the person was informed of the person's duties as described by

 81-1    Subdivision (1) of this subsection or, if the person refuses to

 81-2    sign the statement, certify that the person was so informed;

 81-3                (3)  obtain the address where the person expects to

 81-4    reside on the person's release and other registration information,

 81-5    including a photograph and complete set of fingerprints; and

 81-6                (4)  complete the registration form for the person.

 81-7          SECTION 55.  (a)  The change in law made by this Act to

 81-8    Subsection (c-1), Section 8, Article 42.18, Code of Criminal

 81-9    Procedure, permitting a parole panel to deny release on parole

81-10    under Subsection (c) of that section to an inmate who poses a

81-11    significant threat to public safety, applies only to:

81-12                (1)  an inmate who on or after the effective date of

81-13    this Act is imprisoned while serving a sentence for an offense,

81-14    other than an offense described by, including an offense listed in,

81-15    Subsection (c), Section 8, Article 42.18, Code of Criminal

81-16    Procedure, regardless of whether the offense was committed before,

81-17    on, or after the effective date of this Act; and

81-18                (2)  an inmate who on or after the effective date of

81-19    this Act is imprisoned while serving a sentence for an offense

81-20    described by Subsection (c), Section 8, Article 42.18, Code of

81-21    Criminal Procedure, that was committed on or after August 29, 1977,

81-22    but before the date on which that subsection was amended to exclude

81-23    a prisoner who committed the offense from release on parole under

81-24    that section.

81-25          (b)  An inmate who is released from imprisonment before the

 82-1    effective date of this Act is covered by the law in effect

 82-2    immediately before the effective date of this Act, and the former

 82-3    law is continued in effect for this purpose.

 82-4          (c)  For the purposes of Subsection (a) of this section, a

 82-5    second degree felony under Section 19.02, Penal Code, and a second

 82-6    degree felony under Section 21.11, Penal Code, were described by

 82-7    Subsection (c), Section 8, Article 42.18, Code of Criminal

 82-8    Procedure, beginning September 1, 1993, consistent with the intent

 82-9    of the 73rd Legislature, 1993, as evidenced by the addition of

82-10    those offenses to Section 3g, Article 42.12, Code of Criminal

82-11    Procedure, in Chapter 900, Acts of the 73rd Legislature, 1993,

82-12    effective on that date.

82-13          SECTION 56.  This Act takes effect September 1, 1997.

82-14          SECTION 57.  The importance of this legislation and the

82-15    crowded condition of the calendars in both houses create an

82-16    emergency and an imperative public necessity that the

82-17    constitutional rule requiring bills to be read on three several

82-18    days in each house be suspended, and this rule is hereby suspended.