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.