By Whitmire                                      S.B. No. 250

      75R2272 GWK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the repeal of release to mandatory supervision and to

 1-3     parole procedures applicable to certain inmates of the Texas

 1-4     Department of Criminal Justice.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  The article heading of Article 42.18, Code of

 1-7     Criminal Procedure, is amended to read as follows:

 1-8           Art. 42.18.  ADULT PAROLE [AND MANDATORY SUPERVISION] LAW.

 1-9           SECTION 2.  Section 1, Article 42.18, Code of Criminal

1-10     Procedure, is amended to read as follows:

1-11           Sec. 1.  INTENT.  It is the intent of this article to provide

1-12     for the release of appropriate persons on parole and[,] to

1-13     designate the Board of Pardons and Paroles as the exclusive

1-14     authority to determine paroles[, and to aid all prisoners to

1-15     readjust to society upon completion of their period of

1-16     incarceration by providing a program of mandatory supervision for

1-17     those prisoners not released on parole or through executive

1-18     clemency].  It is the final intent of this article to remove from

1-19     existing statutes the limitations, other than questions of

1-20     constitutionality, that have acted as barriers to an effective

1-21     system [systems] of parole [and mandatory supervision] in the

1-22     public interest.

1-23           SECTION 3.  Section 2, Article 42.18, Code of Criminal

1-24     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

2-26     and paroles division.

2-27                 (5) [(6)]  "Community supervision and corrections

 3-1     department" means a department established by a district judge or

 3-2     district judges under Article 42.131 of this code.

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

 3-4     institutional division of the Texas Department of Criminal Justice.

 3-5                 (7) [(8)]  "Division" means the pardons and paroles

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

 3-7                 (8) [(9)]  "Department" means the Texas Department of

 3-8     Criminal Justice.

 3-9           SECTION 4.  Section 7, Article 42.18, Code of Criminal

3-10     Procedure, is amended by amending Subsections (a), (b), (c), and

3-11     (e) to read as follows:

3-12           (a)  The members of the board shall:

3-13                 (1)  determine under [Sections 8(a)-(f) of] this

3-14     article which prisoners are to be released on parole;

3-15                 (2)  determine under [Sections 8(g) and (j) of] this

3-16     article conditions of parole [and mandatory supervision];

3-17                 (3)  perform the constitutional duties imposed on the

3-18     board by Article IV, Section 11, of the Texas Constitution;

3-19                 (4)  determine which prisoners may be released from

3-20     supervision and reporting under Section 15 of this article; and

3-21                 (5)  determine under Section 14 of this article the

3-22     revocation of parole [and mandatory supervision].

3-23           (b)  A parole panel, as provided in Subsection (e) of this

3-24     section, may grant, deny, or revoke parole[, revoke mandatory

3-25     supervision status,] and conduct parole revocation hearings [and

3-26     mandatory supervision revocation hearings].

3-27           (c)  The board shall develop and implement a policy that

 4-1     clearly defines circumstances under which a board member should

 4-2     disqualify himself from voting on a parole decision or on a

 4-3     decision to revoke parole [or mandatory supervision].

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

 4-5     matters of parole[, release to mandatory supervision,] and

 4-6     revocation of parole [or mandatory supervision], the board members

 4-7     shall act in panels comprised of three persons in each panel.  The

 4-8     composition of the respective panels shall be designated by the

 4-9     chairman of the board.  A majority of each panel shall constitute a

4-10     quorum for the transaction of its business, and its decisions shall

4-11     be by majority vote.  The members of a panel are not required to

4-12     meet as a body to perform the members' duties as prescribed by this

4-13     article, except to conduct a hearing as provided by Section 14 of

4-14     this article.

4-15           SECTION 5.  Section 8, Article 42.18, Code of Criminal

4-16     Procedure, is amended to read as follows:

4-17           Sec. 8.  ELIGIBILITY FOR RELEASE; CONDITIONS ON RELEASE.  (a)

4-18     A parole panel is authorized to release on parole any person

4-19     confined in any penal or correctional institution who is eligible

4-20     for parole under this section.  A parole panel may consider a

4-21     person for release on parole if the person has been sentenced to a

4-22     term of imprisonment in the institutional division, is confined in

4-23     a jail in this state, a federal correctional institution, or a jail

4-24     or a correctional institution in another state, and is eligible for

4-25     parole.  A parole panel may release a person on parole during the

4-26     parole month established for the person if the panel determines

4-27     that the person's release will not increase the likelihood of harm

 5-1     to the public. The institutional division shall provide the board

 5-2     with sentence time credit information on persons described in this

 5-3     subsection.  Good time credit shall be calculated for a person as

 5-4     if the person were confined in the institutional division during

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

 5-6     parole shall be equivalent to the maximum term for which the

 5-7     prisoner was sentenced less calendar time actually served on the

 5-8     sentence.  Every prisoner while on parole shall remain in the legal

 5-9     custody of the pardons and paroles division and shall be amenable

5-10     to conditions of supervision ordered by a parole panel under this

5-11     article.  All paroles shall issue upon order of a parole panel.

5-12           (b)(1)  A prisoner under sentence of death is not eligible

5-13     for parole.

5-14                 (2)  If a prisoner is serving a life sentence for a

5-15     capital felony, the prisoner is not eligible for release on parole

5-16     until the actual calendar time the prisoner has served, without

5-17     consideration of good conduct time, equals 40 calendar years.  If a

5-18     prisoner is serving a life sentence imposed under Section

5-19     12.42(d)(2), Penal Code, the prisoner is not eligible for release

5-20     on parole until the actual calendar time the prisoner has served,

5-21     without consideration of good conduct time, equals 35 calendar

5-22     years.

5-23                 (3)  If a prisoner is serving a sentence for the

5-24     offenses described by Subdivision (1)(A), (C), (D), (E), (F), [or]

5-25     (G), or (H) of Section 3g(a), Article 42.12 of this code, or if the

5-26     judgment contains an affirmative finding under Subdivision (2) of

5-27     Subsection (a) of Section 3g of that article, he is not eligible

 6-1     for release on parole until his actual calendar time served,

 6-2     without consideration of good conduct time, equals one-half of the

 6-3     maximum sentence or 30 calendar years, whichever is less, but in no

 6-4     event shall he be eligible for release on parole in less than two

 6-5     calendar years.

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

 6-7     punishment is increased under Section 481.134, Health and Safety

 6-8     Code, the prisoner is not eligible for release on parole until the

 6-9     prisoner's actual calendar time served, without consideration of

6-10     good conduct time, equals five years or the maximum term to which

6-11     the prisoner was sentenced, whichever is less.

6-12                 (5)  Except as provided by Subsection (m) of this

6-13     section, all other prisoners shall be eligible for release on

6-14     parole when their calendar time served plus good conduct time

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

6-16     whichever is less.

6-17           (c)  Except as otherwise provided by this subsection and

6-18     Subsection (c-1), a prisoner [who is not on parole] shall be

6-19     released on parole [to mandatory supervision] by order of a parole

6-20     panel when the calendar time he has served plus any accrued good

6-21     conduct time equal the maximum term to which he was sentenced.  [A

6-22     prisoner released to mandatory supervision shall, upon release, be

6-23     deemed as if released on parole.  To the extent practicable,

6-24     arrangements for the prisoner's proper employment, maintenance, and

6-25     care shall be made prior to his release to mandatory supervision.

6-26     The period of mandatory supervision shall be for a period

6-27     equivalent to the maximum term for which the prisoner was sentenced

 7-1     less calendar time actually served on the sentence.  The time

 7-2     served on mandatory supervision is calculated as calendar time.

 7-3     Every prisoner while on mandatory supervision shall remain in the

 7-4     legal custody of the state and shall be amenable to conditions of

 7-5     supervision ordered by the parole panel.]  A prisoner may not be

 7-6     released on parole under this subsection [to mandatory supervision]

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

 7-8     offense and the judgment for the offense contains an affirmative

 7-9     finding under Subdivision (2), Subsection (a), Section 3g, Article

7-10     42.12, of this code or if the prisoner is serving a sentence for or

7-11     has previously been convicted of:

7-12                 (1)  a first degree felony under Section 19.02, Penal

7-13     Code (Murder);

7-14                 (2)  a capital felony under Section 19.03, Penal Code

7-15     (Capital Murder);

7-16                 (3)  a first degree felony or a second degree felony

7-17     under Section 20.04, Penal Code (Aggravated Kidnapping);

7-18                 (4)  a second degree felony under Section 21.11, Penal

7-19     Code (Indecency with a Child);

7-20                 (5)  a second degree felony under Section 22.011, Penal

7-21     Code (Sexual Assault);

7-22                 (6) [(5)]  a second degree or first degree felony under

7-23     Section 22.02, Penal Code (Aggravated Assault);

7-24                 (7) [(6)]  a first degree felony under Section 22.021,

7-25     Penal Code (Aggravated Sexual Assault);

7-26                 (8) [(7)]  a first degree felony under Section 22.04,

7-27     Penal Code (Injury to a Child, Elderly Individual, or Disabled

 8-1     Individual);

 8-2                 (9) [(8)]  a first degree felony under Section 28.02,

 8-3     Penal Code (Arson);

 8-4                 (10) [(9)]  a second degree felony under Section 29.02,

 8-5     Penal Code (Robbery);

 8-6                 (11) [(10)]  a first degree felony under Section 29.03,

 8-7     Penal Code (Aggravated Robbery);

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

 8-9     Penal Code (Burglary); or

8-10                 (13) [(12)]  a felony for which the punishment is

8-11     increased under Section 481.134, Health and Safety Code (Drug-Free

8-12     Zones).

8-13           (c-1)  A prisoner may not be released on parole under

8-14     Subsection (c) [mandatory supervision] if a parole panel determines

8-15     that [the prisoner's accrued good conduct time is not an accurate

8-16     reflection of the prisoner's potential for rehabilitation and that]

8-17     the prisoner's release would pose a significant threat to [endanger

8-18     the] public safety.   A parole panel that makes a determination

8-19     under this subsection [section] shall specify in writing the

8-20     reasons for the determination.  A determination under this

8-21     subsection is not subject to administrative or judicial review,

8-22     except that the parole panel making the determination shall

8-23     reconsider the prisoner for release on parole under this subsection

8-24     [on mandatory supervision] at least twice during the two years

8-25     after the date of the determination.

8-26           (d)(1)  If a prisoner is sentenced to consecutive felony

8-27     sentences under Article 42.08 of this code, a parole panel shall

 9-1     designate during each sentence the date, if any, on which the

 9-2     prisoner would have been eligible for release on parole if the

 9-3     prisoner had been sentenced to serve a single sentence.

 9-4                 (2)  For the purposes of Article 42.08 of this code,

 9-5     the judgment and sentence of a prisoner sentenced for a felony,

 9-6     other than the last sentence in a series of consecutive sentences,

 9-7     cease to operate:

 9-8                       (A)  when the actual calendar time served by the

 9-9     prisoner equals the sentence imposed by the court; or

9-10                       (B)  on the date a parole panel designates as the

9-11     date on which the prisoner would have been eligible for release on

9-12     parole if the prisoner had been sentenced to serve a single

9-13     sentence.

9-14                 (3)  A parole panel may not treat consecutive sentences

9-15     as a single sentence for purposes of parole and may not release on

9-16     parole a prisoner sentenced to serve consecutive felony sentences

9-17     earlier than the date on which the prisoner becomes eligible for

9-18     release on parole from the last sentence imposed on the prisoner.

9-19                 (4)  Calendar time served and good conduct time accrued

9-20     by a prisoner that are used by a parole panel in determining when a

9-21     judgment and sentence cease to operate may not be used by the

9-22     panel:

9-23                       (A)  for the same purpose in determining that

9-24     date in a subsequent sentence in the same series of consecutive

9-25     sentences; or

9-26                       (B)  for determining the date on which a prisoner

9-27     becomes eligible for release on parole from the last sentence in a

 10-1    series of consecutive sentences.

 10-2          (e)  Not later than the 120th day after the date on which a

 10-3    prisoner is admitted to the institutional division, the Texas

 10-4    Department of Criminal Justice shall secure all pertinent

 10-5    information relating to the prisoner, including but not limited to

 10-6    the court judgment, any sentencing report, the circumstances of the

 10-7    prisoner's offense, the prisoner's previous social history and

 10-8    criminal record, the prisoner's physical and mental health record,

 10-9    a record of the prisoner's conduct, employment history, and

10-10    attitude in prison, and any written comments or information

10-11    provided by local trial officials or victims of the offense.  The

10-12    Texas Department of Criminal Justice shall establish a proposed

10-13    program of measurable institutional progress that must be submitted

10-14    to the board at the time of the board's consideration of the

10-15    inmate's case for release.  The board shall conduct an initial

10-16    review of an eligible inmate not later than the 180th day after the

10-17    date of the inmate's admission to the institutional division.

10-18    Before the inmate is approved for release to parole by the board,

10-19    the inmate must agree to participate in the programs and activities

10-20    described by the proposed program of measurable institutional

10-21    progress. The institutional division shall work closely with the

10-22    board to monitor the progress of the inmate in the institutional

10-23    division and shall report the progress to the board before the

10-24    inmate's release.

10-25          (f)(1)  In this subsection:  (A) "close relative of a

10-26    deceased victim" means a person who was the spouse of a deceased

10-27    victim at the time of the victim's death, a parent of the deceased

 11-1    victim, or an adult brother, sister, or child of the deceased

 11-2    victim; (B) "guardian of a victim" means a person who is the legal

 11-3    guardian of a victim, whether or not the legal relationship between

 11-4    the guardian and victim exists because of the age of the victim or

 11-5    the physical or mental incompetency of the victim; and (C) "victim"

 11-6    means a person who is a victim of sexual assault, kidnapping,

 11-7    aggravated robbery, or felony stalking [harassment] or who has

 11-8    suffered bodily injury or death as the result of the criminal

 11-9    conduct of another.

11-10                (2)  Before a parole panel considers for parole a

11-11    prisoner who is serving a sentence for an offense in which a person

11-12    was a victim, the pardons and paroles division, using the name and

11-13    address provided on the victim impact statement, shall make a

11-14    reasonable effort to notify a victim of the prisoner's crime or if

11-15    the victim has a legal guardian or is deceased, to notify the legal

11-16    guardian or close relative of the deceased victim.  If the notice

11-17    is sent to a guardian or close relative of a deceased victim, the

11-18    notice must contain a request by the pardons and paroles division

11-19    that the guardian or relative inform other persons having an

11-20    interest in the matter that the prisoner is being considered for

11-21    parole.  The parole panel shall allow a victim, guardian of a

11-22    victim, close relative of a deceased victim, or a representative of

11-23    a victim or his guardian or close relative to provide a written

11-24    statement.  The parole panel also shall allow one person to appear

11-25    in person before the board members to present a statement of the

11-26    person's views about the offense, the defendant, and the effect of

11-27    the offense on the victim.  The person may be the victim of the

 12-1    prisoner's crime or, if the victim has a legal guardian or is

 12-2    deceased, the legal guardian of the victim or close relative of the

 12-3    deceased victim.  If more than one person is otherwise entitled

 12-4    under this subdivision to appear in person before the board, only

 12-5    the person chosen by all persons entitled to appear as their sole

 12-6    representative may appear before the board.  This subsection may

 12-7    not be construed to limit the number of persons who may provide

 12-8    written statements for or against the release of the prisoner on

 12-9    parole.  The parole panel shall consider the statements and the

12-10    information provided in a victim impact statement in determining

12-11    whether or not to recommend parole.  However, the failure of the

12-12    pardons and paroles division to comply with notice requirements of

12-13    this subsection is not a ground for revocation of parole.

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

12-15    relative of a deceased victim would be entitled to notification of

12-16    parole consideration by the pardons and paroles division but for

12-17    failure by that person to provide a victim impact statement

12-18    containing the person's name and address, the person is nonetheless

12-19    entitled to receive notice if the person files with the pardons and

12-20    paroles division a written request for that notification.  After

12-21    receiving such a written request, the pardons and paroles division

12-22    shall grant to the person all the privileges to which the person

12-23    would be entitled had the person submitted a victim impact

12-24    statement.  Before a prisoner is released from the institutional

12-25    division on parole [or on the release of a prisoner on mandatory

12-26    supervision], the pardons and paroles division shall give notice of

12-27    the release to any person entitled to notification of parole

 13-1    consideration for the prisoner because the person filed with the

 13-2    pardons and paroles division a victim impact statement or a request

 13-3    for notification of a parole consideration.

 13-4                (4)  Except as necessary to comply with this section,

 13-5    the board or the Texas Department of Criminal Justice may not

 13-6    disclose to any person the name or address of a victim or other

 13-7    person entitled to notice under this section unless the victim or

 13-8    that person approves the disclosure or the board or the department

 13-9    is ordered to disclose the information by a court of competent

13-10    jurisdiction after the court determines that there is good cause

13-11    for disclosure.

13-12                (5)  Before ordering the parole of any prisoner, a

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

13-14    him.  A parole shall be ordered only for the best interest of

13-15    society, not as an award of clemency; it shall not be considered to

13-16    be a reduction of sentence or pardon.  The board shall develop and

13-17    implement parole guidelines that shall be the basic criteria on

13-18    which parole decisions are made.  The parole guidelines shall be

13-19    developed according to an acceptable research method and shall be

13-20    based on the seriousness of the offense and the likelihood of

13-21    favorable parole outcome.  The board shall review the parole

13-22    guidelines periodically and make reports on those reviews to the

13-23    Legislative Criminal Justice Board. If a member of the board

13-24    deviates from the parole guidelines in casting a vote on a parole

13-25    decision, the member shall produce a brief written statement

13-26    describing the circumstances regarding the departure from the

13-27    guidelines and place a copy of the statement in the file of the

 14-1    inmate for whom the parole decision was made.  The board shall keep

 14-2    a copy of each statement in a central location.  A prisoner shall

 14-3    be placed on parole only when arrangements have been made for his

 14-4    employment or for his maintenance and care and when the parole

 14-5    panel believes that he is able and willing to fulfill the

 14-6    obligations of a law-abiding citizen.  Every prisoner while on

 14-7    parole shall remain in the legal custody of the pardons and paroles

 14-8    division and shall be amenable to the conditions of supervision

 14-9    ordered under this article.

14-10          (g)  The board may adopt such other reasonable rules not

14-11    inconsistent with law as it may deem proper or necessary with

14-12    respect to the eligibility of prisoners for parole [and mandatory

14-13    supervision], the conduct of parole [and mandatory supervision]

14-14    hearings, or conditions to be imposed upon parolees [and persons

14-15    released to mandatory supervision].  Each person to be released on

14-16    parole shall be furnished a contract setting forth in clear and

14-17    intelligible language the conditions and rules of parole.  The

14-18    parole panel may include as a condition of parole [or mandatory

14-19    supervision] any condition that a court may impose on a defendant

14-20    placed on community supervision under Article 42.12 of this code,

14-21    including the condition that the person released submit to testing

14-22    for controlled substances or submit to electronic monitoring if the

14-23    parole panel determines that absent testing for controlled

14-24    substances or participation in an electronic monitoring program the

14-25    person would not be released on parole.  Acceptance, signing, and

14-26    execution of the contract by the inmate to be paroled shall be a

14-27    precondition to release on parole.  [Persons released on mandatory

 15-1    supervision shall be furnished a written statement setting forth in

 15-2    clear and intelligible language the conditions and rules of

 15-3    mandatory supervision.]  The parole panel may also require as a

 15-4    condition of parole [or release to mandatory supervision] that the

 15-5    person make payments in satisfaction of damages the person is

 15-6    liable for under Section 500.002, Government Code. The parole panel

 15-7    shall require as a condition of parole [or mandatory supervision]

 15-8    that the person register under Article 6252-13c.1, Revised

 15-9    Statutes.  The parole panel may require as a condition of parole

15-10    [or release to mandatory supervision] that the person attend

15-11    counseling sessions for substance abusers or participate in

15-12    substance abuse treatment services in a program or facility

15-13    approved or licensed by the Texas Commission on Alcohol and Drug

15-14    Abuse if the person was sentenced for an offense involving

15-15    controlled substances or the panel determines that the defendant's

15-16    substance abuse was connected to the commission of the offense.

15-17    The parole panel shall require as a condition of parole [or

15-18    mandatory supervision] that an inmate who immediately before

15-19    release is a participant in the program established under Section

15-20    501.0931, Government Code, participate in a drug or alcohol abuse

15-21    continuum of care treatment program.

15-22          (g-1)  The Texas Commission on Alcohol and Drug Abuse shall

15-23    develop the continuum of care treatment program.

15-24          (h)  It shall be the duty of the pardons and paroles division

15-25    at least 10 days before the board orders the parole of any prisoner

15-26    or at least 10 days after recommending the granting of executive

15-27    clemency by the governor to notify the sheriff, the prosecuting

 16-1    attorney, and the district judge in the county where such person

 16-2    was convicted and the county to which the prisoner is released that

 16-3    such parole or clemency is being considered by the board or by the

 16-4    governor.  For any case in which there was a change of venue, the

 16-5    pardons and paroles division shall notify those same officials in

 16-6    the county in which the prosecution was originated if, no later

 16-7    than 30 days after the date on which the defendant was sentenced,

 16-8    those officials request in writing that the pardons and paroles

 16-9    division give them notice under this section of any future release

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

16-11    the parole panel orders the transfer of a prisoner to a halfway

16-12    house under this article, the pardons and paroles division shall

16-13    notify the sheriff of the county in which the prisoner was

16-14    convicted and shall notify the sheriff of the county in which the

16-15    halfway house is located and the attorney who represents the state

16-16    in the prosecution of felonies in that county.  The notice must

16-17    state the prisoner's name, the county in which the prisoner was

16-18    convicted, and the offense for which the prisoner was convicted.

16-19          (i)  As an element of the pardons and paroles division's

16-20    halfway house program, the pardons and paroles division, in

16-21    conjunction with the institutional division, shall utilize halfway

16-22    houses for the purpose of diverting from housing in regular units

16-23    of the institutional division suitable low-risk prisoners and other

16-24    prisoners who would benefit from a smoother transition from

16-25    incarceration to supervised release.  To accomplish this purpose, a

16-26    parole panel, after reviewing all available pertinent information,

16-27    may designate a presumptive parole date for any inmate who (i) is

 17-1    not serving a sentence for an offense listed in Subdivision (1) of

 17-2    Subsection (a) of Section 3g of Article 42.12 of this code and

 17-3    whose judgment does not contain an affirmative finding under

 17-4    Subdivision (2) of Subsection (a) of Section 3g of that article;

 17-5    and (ii) has never been convicted of an offense listed in

 17-6    Subdivision (1) of Subsection (a) of Section 3g of that article and

 17-7    has never had a conviction, the judgment for which contains an

 17-8    affirmative finding under Subdivision (2) of Subsection (a) of

 17-9    Section 3g of that article.  The presumptive parole date may not be

17-10    a date which is earlier than the prisoner's initial parole

17-11    eligibility date, as calculated or projected pursuant to Subsection

17-12    (b) of this section. Before transferring a prisoner to a halfway

17-13    house, the pardons and paroles division shall send to the director

17-14    of the halfway house all information relating to the prisoner that

17-15    the pardons and paroles division feels will aid the halfway house

17-16    in helping the prisoner make a transition from prison to supervised

17-17    release.  If a prisoner for whom a presumptive parole date has been

17-18    established is transferred into a preparole residence in a halfway

17-19    house pursuant to the terms of Subchapter A, Chapter 498,

17-20    Government Code, the pardons and paroles division is responsible

17-21    for his supervision.  A parole panel may rescind or postpone a

17-22    previously established presumptive parole date on the basis of

17-23    reports from agents of the pardons and paroles division responsible

17-24    for supervision or agents of the institutional division acting in

17-25    the case.  If a preparolee transferred to preparole status has

17-26    satisfactorily served his sentence in the halfway house to which he

17-27    is assigned from the date of transfer to the presumptive parole

 18-1    date, without rescission or postponement of the date, the parole

 18-2    panel shall order his release to parole and issue an appropriate

 18-3    certificate of release.  The person is subject to the provisions of

 18-4    this article governing release on parole.

 18-5          (j)  In addition to other conditions of parole [and release

 18-6    on mandatory supervision] imposed under this section, a parole

 18-7    panel shall require a prisoner released on parole [or mandatory

 18-8    supervision] to pay a parole supervision fee of $10 to the pardons

 18-9    and paroles division for each month during which the prisoner is

18-10    under parole supervision.  The fee applies to a prisoner released

18-11    in another state who is required as a term of his release to report

18-12    to a parole officer or supervisor in this state for parole

18-13    supervision.  On the request of the prisoner, a parole panel may

18-14    allow the prisoner to defer payments under this subsection.  The

18-15    prisoner remains responsible for payment of the fee and must make

18-16    the deferred payment not later than two years after the date on

18-17    which the payment becomes due.  The board of the Texas Department

18-18    of Criminal Justice shall establish rules relating to the method of

18-19    payment required of the person on parole [or mandatory

18-20    supervision].  Fees collected under this subsection by the pardons

18-21    and paroles division shall be remitted to the comptroller of public

18-22    accounts, who shall deposit the fees in the general revenue fund of

18-23    the state treasury.  In a parole [or mandatory supervision]

18-24    revocation hearing under Section 14 of this article at which it is

18-25    alleged only that the person failed to make a payment under this

18-26    subsection, the inability of the person to pay as ordered by a

18-27    parole panel is an affirmative defense to revocation, which the

 19-1    person must prove by a preponderance of the evidence.

 19-2          (k)  In addition to other conditions imposed by a parole

 19-3    panel under this article, the parole panel shall require as a

 19-4    condition of parole [or release to mandatory supervision] that the

 19-5    prisoner demonstrate to the parole panel whether the prisoner has

 19-6    an educational skill level that is equal to or greater than the

 19-7    average skill level of students who have completed the sixth grade

 19-8    in public schools in this state.  If the parole panel determines

 19-9    that the person has not attained that skill level, the parole panel

19-10    shall require as a condition of parole [or release to mandatory

19-11    supervision] that the prisoner attain that level of educational

19-12    skill, unless the parole panel determines that the person lacks the

19-13    intellectual capacity or the learning ability to ever achieve that

19-14    level of skill.

19-15          (l)  In addition to other conditions imposed by a parole

19-16    panel under this article, the parole panel shall require as a

19-17    condition of parole [or release to mandatory supervision], on

19-18    evidence of the presence of a controlled substance in the

19-19    defendant's body, or on any evidence the defendant has used a

19-20    controlled substance, or on evidence that controlled substance use

19-21    is related to the offense for which the defendant was convicted,

19-22    that the defendant submit to testing for controlled substances.

19-23          The Texas Board of Criminal Justice by rule shall adopt

19-24    procedures for the administration of tests required by this

19-25    subsection.

19-26          (m)  A prisoner serving a sentence for which parole

19-27    eligibility is otherwise determined under Subsection (b)(4) of this

 20-1    section may become eligible for special needs parole at a date

 20-2    earlier than the date calculated under Subsection (b)(4) of this

 20-3    section, as designated by a parole panel under this subsection, if:

 20-4                (1)  the prisoner has been identified by the

 20-5    institutional division as being elderly, physically handicapped,

 20-6    mentally ill, terminally ill, or mentally retarded;

 20-7                (2)  the prisoner is determined by the parole panel,

 20-8    because of the prisoner's condition and on the basis of a medical

 20-9    evaluation, to no longer constitute a threat to public safety and

20-10    no longer constitute a threat to commit further offenses; and

20-11                (3)  the pardons and paroles division has prepared for

20-12    the prisoner a special needs parole plan that ensures appropriate

20-13    supervision, service provision, and placement.

20-14          (n)  A prisoner diagnosed as mentally ill or mentally

20-15    retarded may be released under Subsection (m) of this section only

20-16    if the pardons and paroles division has prepared for the prisoner a

20-17    special needs parole plan that ensures appropriate supervision,

20-18    service provision, and placement as approved by the Texas Council

20-19    on Offenders with Mental Impairments.

20-20          (o)(1)  In addition to other conditions imposed by a parole

20-21    panel under this article, the parole panel may require as a

20-22    condition of parole [or release to mandatory supervision] that an

20-23    inmate serving a sentence for an offense under Section 42.071,

20-24    Penal Code, may not:

20-25                      (A)  communicate directly or indirectly with the

20-26    victim; or

20-27                      (B)  go to or near the residence, place of

 21-1    employment, or business of the victim or to or near a school,

 21-2    day-care facility, or similar facility where a dependent child of

 21-3    the victim is in attendance.

 21-4                (2)  If a parole panel requires the prohibition

 21-5    contained in Subdivision (1)(B) of this subsection as a condition

 21-6    of parole [or release to mandatory supervision], the parole panel

 21-7    shall specifically describe the prohibited locations and the

 21-8    minimum distances, if any, that the inmate must maintain from the

 21-9    locations.

21-10          (p) [(o)]  In addition to other conditions of parole [and

21-11    release on mandatory supervision] imposed under this section, a

21-12    parole panel shall require a prisoner released on parole [or

21-13    mandatory supervision] to pay an administrative fee of $8 to the

21-14    pardons and paroles division for each month during which the

21-15    prisoner is under parole supervision.  The fee applies to a

21-16    prisoner released in another state who is required as a term of his

21-17    release to report to a parole officer or supervisor in this state

21-18    for parole supervision.  On the request of the prisoner, a parole

21-19    panel may allow the prisoner to defer payments under this

21-20    subsection.  The prisoner remains responsible for payment of the

21-21    fee and must make the deferred payment not later than two years

21-22    after the date on which the payment becomes due.  The board of the

21-23    Texas Department of Criminal Justice shall establish rules relating

21-24    to the method of payment required of the person on parole [or

21-25    mandatory supervision].  Fees collected under this subsection by

21-26    the pardons and paroles division shall be remitted to the

21-27    comptroller of public accounts, who shall deposit the fees in the

 22-1    compensation to victims of crime fund of the state treasury.  In a

 22-2    parole [or mandatory supervision] revocation hearing under Section

 22-3    14 of this article at which it is alleged only that the person

 22-4    failed to make a payment under this subsection, the inability of

 22-5    the person to pay as ordered by a parole panel is an affirmative

 22-6    defense to revocation, which the person must prove by a

 22-7    preponderance of the evidence.

 22-8          (q) [(o)]  In addition to other conditions imposed by a

 22-9    parole panel under this article, the parole panel shall require as

22-10    a condition of parole [or release to mandatory supervision] that a

22-11    prisoner for whom the court has made an affirmative finding under

22-12    Article 42.014 of this code perform not less than 300 hours of

22-13    community service at a project designated by the parole panel that

22-14    primarily serves the person or group who was the target of the

22-15    defendant.

22-16          (r) [(o)]  The pardons and paroles division shall develop and

22-17    implement a comprehensive program to inform inmates, their

22-18    families, and other interested parties about the parole process.

22-19    The division shall update the program annually.

22-20          (s) [(p)]  In addition to other conditions and fees imposed

22-21    by a parole panel under this article, the parole panel shall

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

22-23    supervision] that a prisoner convicted of an offense under Section

22-24    21.08, 21.11, 22.011, 22.021, 25.02, [25.06,] 43.25, or 43.26,

22-25    Penal Code, pay to the pardons and paroles division a parole

22-26    supervision fee of $5 each month during the period of parole

22-27    supervision.

 23-1          (t) [(q)]  The pardons and paroles division shall remit fees

 23-2    collected under Subsection (s) [(p)] of this section to the

 23-3    comptroller.  The comptroller shall deposit the fees in the general

 23-4    revenue fund to the credit of the sexual assault program fund

 23-5    established by Section 44.0061, Health and Safety Code.

 23-6          (u) [(r)]  In addition to other conditions and fees imposed

 23-7    by a parole panel under this article, the parole panel shall

 23-8    require as a condition of parole [or release to mandatory

 23-9    supervision] that a person required to register as a sex offender

23-10    under Article 6252-13c.1, Revised Statutes, pay to the person's

23-11    supervising officer a fee that equals the actual cost to the

23-12    applicable local law enforcement authority for providing notice for

23-13    publication to a newspaper as required by Article 6252-13c.1,

23-14    Revised Statutes.  The pardons and paroles division shall remit

23-15    fees collected under this subsection to the applicable local law

23-16    enforcement authority to reimburse the authority for the actual

23-17    cost incurred by the authority, as evidenced by written receipt,

23-18    for providing notice for publication to a newspaper as required by

23-19    Article 6252-13c.1, Revised Statutes.  In a parole [or mandatory

23-20    supervision] revocation hearing under Section 14 of this article at

23-21    which it is alleged only that the person failed to make a payment

23-22    under this subsection, the inability of the person to pay as

23-23    ordered by a parole panel is an affirmative defense to revocation,

23-24    which the person must prove by a preponderance of the evidence.

23-25          (v) [(u)](1)  A parole panel shall establish a child safety

23-26    zone applicable to an inmate described by Subdivision (2) if the

23-27    panel determines that a child as defined by Section 22.011(c),

 24-1    Penal Code, was the victim of the offense by requiring as a

 24-2    condition of parole [or release to mandatory supervision] that the

 24-3    inmate:

 24-4                      (A)  not:  (i)  supervise or participate in any

 24-5    program that includes as participants or recipients persons who are

 24-6    17 years of age or younger and that regularly provides athletic,

 24-7    civic, or cultural activities; or (ii)  go in, on, or within a

 24-8    distance specified by the panel of a premises where children

 24-9    commonly gather, including a school, day-care facility, playground,

24-10    public or private youth center, public swimming pool, or video

24-11    arcade facility; and

24-12                      (B)  attend psychological counseling sessions for

24-13    sex offenders with an individual or organization which provides sex

24-14    offender treatment or counseling as specified by the parole officer

24-15    supervising the parolee after release.

24-16                (2)  This section applies to an inmate serving a

24-17    sentence for an offense:

24-18                      (A)  under Section 43.25 or 43.26, Penal Code;

24-19                      (B)  under Section 21.11, 22.011, 22.021, or

24-20    25.02, Penal Code;

24-21                      (C)  under Section 20.04(a)(4), Penal Code, if

24-22    the inmate committed the offense with the intent to violate or

24-23    abuse the victim sexually; or

24-24                      (D)  under Section 30.02, Penal Code, punishable

24-25    under Subsection (d) of that section, if the inmate committed the

24-26    offense with the intent to commit a felony listed in Paragraph (B)

24-27    or (C) of this subdivision.

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

 25-2    specifies a sex offender treatment provider to provide counseling

 25-3    to an inmate shall contact the provider before the inmate is

 25-4    released, establish the date, time, and place of the first session

 25-5    between the inmate and the provider, and request the provider to

 25-6    immediately notify the officer if the inmate fails to attend the

 25-7    first session or any subsequent scheduled session.

 25-8                (4)  At any time after the imposition of a condition

 25-9    under Subdivision (1)(A), the inmate may request the parole panel

25-10    to modify the child safety zone applicable to the inmate because

25-11    the zone as created by the panel:

25-12                      (A)  interferes with the ability of the inmate to

25-13    attend school or hold a job and consequently constitutes an undue

25-14    hardship for the inmate; or

25-15                      (B)  is broader than necessary to protect the

25-16    public, given the nature and circumstances of the offense.

25-17                (5)  A parole officer supervising an inmate described

25-18    by Subdivision (2) may permit the inmate to enter on an

25-19    event-by-event basis into the child safety zone from which the

25-20    inmate is otherwise prohibited from entering if:

25-21                      (A)  the inmate has served at least two years of

25-22    the period of supervision imposed on release;

25-23                      (B)  the inmate enters the zone as part of a

25-24    program to reunite with the inmate's family;

25-25                      (C)  the inmate presents to the parole officer a

25-26    written proposal specifying where the inmate intends to go within

25-27    the zone, why and with whom the inmate is going, and how the inmate

 26-1    intends to cope with any stressful situations that occur;

 26-2                      (D)  the sex offender treatment provider treating

 26-3    the inmate agrees with the officer that the inmate should be

 26-4    allowed to attend the event; and

 26-5                      (E)  the officer and the treatment provider agree

 26-6    on a chaperon to accompany the inmate, and the chaperon agrees to

 26-7    perform that duty.

 26-8                (6)  In this subsection, "playground," "premises,"

 26-9    "school," "video arcade facility," and "youth center" have the

26-10    meanings assigned by Section 481.134, Health and Safety Code.

26-11          SECTION 6.  Section 8A, Article 42.18, Code of Criminal

26-12    Procedure, is amended to read as follows:

26-13          Sec. 8A.  RESIDENCE DURING PAROLE [OR RELEASE TO MANDATORY

26-14    SUPERVISION].  (a)  In addition to other conditions imposed by a

26-15    parole panel under this article, the panel shall require as a

26-16    condition of parole [or release to mandatory supervision] that the

26-17    defendant reside during the period of parole [or mandatory

26-18    supervision] in the county in which:

26-19                (1)  the defendant resided at the time of committing

26-20    the offense for which the defendant was sentenced to the

26-21    institutional division; or

26-22                (2)  the defendant committed the offense for which the

26-23    defendant was sentenced to the institutional division, but only if

26-24    the defendant was not a resident of this state at the time of

26-25    committing the offense.

26-26          (b)  A parole panel may require a defendant to reside in a

26-27    county other than the county required by Subsection (a) of this

 27-1    section to:

 27-2                (1)  protect the life or safety of a victim of the

 27-3    defendant's offense, the defendant, a witness in the case, or any

 27-4    other person; or

 27-5                (2)  increase the likelihood of the defendant's

 27-6    successful completion of parole [or mandatory supervision], because

 27-7    of:

 27-8                      (A)  written expressions of significant public

 27-9    concern in the county in which the defendant would otherwise be

27-10    required to reside;

27-11                      (B)  the presence of family members or friends in

27-12    the other county who have expressed a willingness to assist the

27-13    defendant in successfully completing the terms and conditions of

27-14    the defendant's release on parole [or mandatory supervision];

27-15                      (C)  the verified existence of a job offer in the

27-16    other county; or

27-17                      (D)  the availability of treatment programs,

27-18    educational programs, or other social service programs in the other

27-19    county that are not available in the county in which the defendant

27-20    would otherwise be required to reside.

27-21          (c)  At any time after a defendant is released on parole [or

27-22    mandatory supervision], a parole panel may modify the conditions of

27-23    parole [or release on mandatory supervision] to require the

27-24    defendant to reside in a county other than the county required by

27-25    the original conditions.  In making a decision under this

27-26    subsection, a parole panel must consider the factors listed in

27-27    Subsection (b) of this section.

 28-1          (d)  If a parole panel initially requires the defendant to

 28-2    reside in a county other than the county required by Subsection (a)

 28-3    of this section, the parole panel shall subsequently require the

 28-4    person to reside in the county described by Subsection (a) of this

 28-5    section if the requirement that the defendant reside in the other

 28-6    county was based on:

 28-7                (1)  the verified existence of a job offer under

 28-8    Subsection (b)(2)(C) of this section and the defendant is no longer

 28-9    employed in or actively seeking employment; or

28-10                (2)  the availability of treatment programs,

28-11    educational programs, or other social service programs under

28-12    Subsection (b)(2)(D) of this section and the defendant:

28-13                      (A)  no longer regularly participates in the

28-14    program as required by a term or condition of parole [or release to

28-15    mandatory supervision]; or

28-16                      (B)  has successfully completed the program but

28-17    has violated another term or condition of the defendant's release

28-18    on parole [or mandatory supervision].

28-19          (e)  If a parole panel requires the defendant to reside in a

28-20    county other than the county required by Subsection (a) of this

28-21    section, the panel shall state the reason for its decision in

28-22    writing, and place the statement in the defendant's permanent

28-23    record.

28-24          (f)  This section does not apply to a decision by a parole

28-25    panel to require a defendant to serve the period of parole [or

28-26    mandatory supervision] in another state.

28-27          SECTION 7.  Section 8B, Article 42.18, Code of Criminal

 29-1    Procedure, is amended by amending Subsections (a) and (c) to read

 29-2    as follows:

 29-3          (a)  The parolee restitution fund is a fund outside the

 29-4    treasury and consists of restitution payments made by persons

 29-5    released on parole [or mandatory supervision].  Money in the fund

 29-6    may be used only to pay restitution as required by a condition of

 29-7    parole [or release to mandatory supervision] to victims of criminal

 29-8    offenses.

 29-9          (c)  When the board orders the payment of restitution in the

29-10    manner prescribed by Article 42.037(h) from a person released on

29-11    parole [or mandatory supervision], the department shall:

29-12                (1)  collect the payment for disbursement to the

29-13    victim;

29-14                (2)  deposit the payment in the parolee restitution

29-15    fund; and

29-16                (3)  transmit the payment to the victim as soon as

29-17    practicable.

29-18          SECTION 8.  Section 13, Article 42.18, Code of Criminal

29-19    Procedure, is amended to read as follows:

29-20          Sec. 13.  WARRANTS.  (a)  A warrant for the return of a

29-21    paroled prisoner, [a prisoner released to mandatory supervision,] a

29-22    prisoner released although not eligible for release, a resident

29-23    released to a preparole or work program, a prisoner released on

29-24    emergency reprieve or on furlough, or a person released on a

29-25    conditional pardon to the institution from which the person was

29-26    paroled, released, or pardoned may be issued by the director or a

29-27    designated agent of the director in case [cases] of parole [or

 30-1    mandatory supervision], or by the board on order by the governor in

 30-2    other cases, if there is reason to believe that the person has been

 30-3    released although not eligible for release, if the person has been

 30-4    arrested for an offense, if there is a verified complaint stating

 30-5    that the person violated a rule or condition of release, or if

 30-6    there is reliable evidence that the person has exhibited behavior

 30-7    during the person's release that indicates to a reasonable person

 30-8    that the person poses a danger to society that warrants the

 30-9    person's immediate return to custody.  The person may be held in

30-10    custody pending a determination of all facts surrounding the

30-11    alleged offense, violation of a rule or condition of release, or

30-12    dangerous behavior.  A designated agent of the director acts

30-13    independently from a parole officer and must receive specialized

30-14    training as determined by the director.  Such warrant shall

30-15    authorize all officers named therein to take actual custody of the

30-16    prisoner and detain and house the prisoner until a parole panel

30-17    orders the return of the prisoner to the institution from which he

30-18    was released.  Pending hearing, as hereinafter provided, upon any

30-19    charge of parole violation or[,] ineligible release[, or violation

30-20    of the conditions of mandatory supervision], a prisoner returned to

30-21    custody shall remain incarcerated.  If the director, a board

30-22    member, or a designated agent of the director or the board is

30-23    otherwise authorized to issue a warrant under this subsection, the

30-24    division may instead issue to a prisoner a summons requiring the

30-25    prisoner to appear for a hearing under Section 14 of this article.

30-26    The summons must state the time, place, date, and purpose of the

30-27    hearing.

 31-1          (b)  A prisoner for whose return a warrant has been issued

 31-2    shall, after the issuance of such warrant, be deemed a fugitive

 31-3    from justice and if it shall appear that he has violated the

 31-4    conditions or provisions of his [mandatory supervision or] parole,

 31-5    the time from the issuing of such warrant to the date of his arrest

 31-6    shall not be counted as any part of the time to be served under his

 31-7    sentence.  The law now in effect concerning the right of the State

 31-8    of Texas to extradite persons and return fugitives from justice and

 31-9    Article 42.11 of this code concerning the waiver of all legal

31-10    requirements to obtain extradition of fugitives from justice from

31-11    other states to this state shall not be impaired by this article

31-12    and shall remain in full force and effect.

31-13          SECTION 9.  Section 14(a), Article 42.18, Code of Criminal

31-14    Procedure, is amended to read as follows:

31-15          (a)  Whenever a prisoner or a person granted a conditional

31-16    pardon is accused of a violation of his parole[, mandatory

31-17    supervision,] or conditional pardon, on information and complaint

31-18    by a law enforcement officer or parole officer, or is arrested

31-19    after an ineligible release, he shall be entitled to be heard on

31-20    such charges before a parole panel or a designee of the board under

31-21    such rules as the board may adopt; provided, however, said hearing

31-22    shall be held within 70 days of the date of arrest under a warrant

31-23    issued by the director or a designated agent of the director or by

31-24    the board on order by the governor and at a time and place set by

31-25    that parole panel or designee.  The panel or designee may hold the

31-26    hearing at a date later than the date otherwise required by this

31-27    section if it determines a delay is necessary to assure due process

 32-1    for the person, except that the authority issuing the warrant shall

 32-2    immediately withdraw the warrant if the hearing is not held before

 32-3    the 121st day after the date of arrest. If a parole panel or

 32-4    designee determines that a parolee[, mandatory supervisee,] or

 32-5    person granted a conditional pardon has been convicted in a court

 32-6    of competent jurisdiction of a felony offense committed while an

 32-7    administrative releasee and has been sentenced by the court to a

 32-8    term of incarceration in a penal institution, the determination is

 32-9    to be considered a sufficient hearing to revoke the parole [or

32-10    mandatory supervision] or recommend to the governor revocation of a

32-11    conditional pardon without further hearing, except that the parole

32-12    panel or designee shall conduct a hearing to consider mitigating

32-13    circumstances if requested by the parolee[, mandatory supervisee,]

32-14    or person granted a conditional pardon.  When the parole panel or

32-15    designee has heard the facts, the board may recommend to the

32-16    governor that the conditional pardon be continued, revoked, or

32-17    modified, or it may continue, revoke, or modify the parole [or

32-18    mandatory supervision], in any manner warranted by the evidence.

32-19    The parole panel or designee must make its recommendation or

32-20    decision no later than the 30th day after the date the hearing is

32-21    concluded.  When a person's parole[, mandatory supervision,] or

32-22    conditional pardon is revoked, that person may be required to serve

32-23    the portion remaining of the sentence on which he was released,

32-24    such portion remaining to be calculated without credit for the time

32-25    from the date of his release to the date of revocation.  When a

32-26    warrant is issued charging a violation of release conditions, the

32-27    sentence time credit may be suspended until a determination is made

 33-1    in such case and such suspended time credit may be reinstated

 33-2    should such parole[, mandatory supervision,] or conditional pardon

 33-3    be continued.

 33-4          SECTION 10.  Section 15(b), Article 42.18, Code of Criminal

 33-5    Procedure, is amended to read as follows:

 33-6          (b)  The pardons and paroles division may allow a person

 33-7    released on parole [or mandatory supervision] to serve the

 33-8    remainder of the person's sentence without supervision and without

 33-9    being required to report if:

33-10                (1)  the person has been under the supervision for not

33-11    less than one-half of the time that remained on the person's

33-12    sentence when the person was released from imprisonment and during

33-13    the period of supervision the person's parole [or release on

33-14    mandatory supervision] has not been revoked; and

33-15                (2)  the pardons and paroles division determines that:

33-16                      (A)  the person has made a good faith effort to

33-17    comply with any restitution order imposed on the person by a court

33-18    of competent jurisdiction; and

33-19                      (B)  allowing the person to serve the remainder

33-20    of the person's sentence without supervision and reporting is in

33-21    the best interest of society.

33-22          SECTION 11.  Section 17(a), Article 42.18, Code of Criminal

33-23    Procedure, is amended to read as follows:

33-24          (a)  The pardons and paroles division shall have general

33-25    responsibility for the investigation and supervision of all

33-26    prisoners released on parole [and to mandatory supervision].

33-27          SECTION 12.  Section 18, Article 42.18, Code of Criminal

 34-1    Procedure, is amended to read as follows:

 34-2          Sec. 18.  CONFIDENTIAL INFORMATION.  (a)  Except as provided

 34-3    by Subsection (b), all information, including victim protest

 34-4    letters or other correspondence, victim impact statements, lists of

 34-5    inmates eligible for release on parole, and arrest records of

 34-6    inmates, obtained and maintained in connection with inmates of the

 34-7    institutional division subject to parole[, release to mandatory

 34-8    supervision,] or executive clemency, or individuals who may be on

 34-9    [mandatory supervision or] parole and under the supervision of the

34-10    pardons and paroles division, or persons directly identified in any

34-11    proposed plan of release for a prisoner, is confidential and

34-12    privileged.

34-13          (b)  This section does not apply to information regarding a

34-14    sex offender if the information is authorized for release under

34-15    Article 6252-13c.1, Revised Statutes.

34-16          (c) [(b)]  Statistical and general information respecting the

34-17    parole [and mandatory supervision] program and system, including

34-18    the names of paroled prisoners[, prisoners released to mandatory

34-19    supervision,] and data recorded in connection with parole [and

34-20    mandatory supervision] services, is not confidential or privileged

34-21    and must be made available for public inspection at any reasonable

34-22    time.

34-23          (d) [(c)]  On request of the governor, a member of the board,

34-24    the Criminal Justice Policy Council in performing duties of the

34-25    council under Section 413.021, Government Code, or an eligible

34-26    entity requesting information for a law enforcement, prosecutorial,

34-27    correctional, clemency, or treatment purpose, the department may

 35-1    provide to the person or entity for that purpose information made

 35-2    confidential and privileged by this section.

 35-3          (e) [(d)]  In this section, "eligible entity" means:

 35-4                (1)  a government agency, including the office of a

 35-5    prosecuting attorney;

 35-6                (2)  an organization with which the Texas Department of

 35-7    Criminal Justice contracts or an organization to which the

 35-8    department provides a grant; or

 35-9                (3)  an organization to which inmates are referred for

35-10    services by the Texas Department of Criminal Justice.

35-11          SECTION 13.  Section 19, Article 42.18, Code of Criminal

35-12    Procedure, is amended by amending Subsections (a) and (c) to read

35-13    as follows:

35-14          (a)  It is expressly provided that no person may be employed

35-15    as a parole officer or supervisor or be responsible for the

35-16    investigation or supervision of persons on parole [or mandatory

35-17    supervision], unless he meets the following qualifications together

35-18    with any other qualifications that may be specified by the

35-19    director:  four years of successfully completed education in an

35-20    accredited college or university and two years of full-time paid

35-21    employment in responsible correctional work with adults or

35-22    juveniles or in a related field.  Additional experience in the

35-23    above categories may be substituted year for year for the required

35-24    college education, with a maximum substitution for two years.  This

35-25    subsection applies only to persons employed as parole officers or

35-26    supervisors before or on September 1, 1990.

35-27          (c)  No person who is serving as a sheriff, deputy sheriff,

 36-1    constable, deputy constable, city policeman, Texas Ranger, state

 36-2    highway patrolman, or similar law enforcement officer or as a

 36-3    prosecuting attorney shall act as a parole officer or be

 36-4    responsible for the supervision of persons on parole [or released

 36-5    to mandatory supervision].

 36-6          SECTION 14.  Section 21, Article 42.18, Code of Criminal

 36-7    Procedure, is amended to read as follows:

 36-8          Sec. 21.  LITERACY.  The Texas Board of Criminal Justice and

 36-9    the Central Education Agency shall adopt a memorandum of

36-10    understanding that establishes the respective responsibilities of

36-11    the board and the agency in implementing a continuing education

36-12    program to increase the literacy of inmates released from the

36-13    institutional division on parole [and mandatory supervision].  The

36-14    Texas Board of Criminal Justice and the agency shall coordinate the

36-15    development of the memorandum of understanding and each by rule

36-16    shall adopt the memorandum.

36-17          SECTION 15.  Section 25(a), Article 42.18, Code of Criminal

36-18    Procedure, is amended to read as follows:

36-19          (a)  The division may establish and operate or contract for

36-20    the operation of community residential facilities to house,

36-21    maintain, and provide services for:

36-22                (1)  persons required by a parole panel as a condition

36-23    of parole [or mandatory supervision] under this article to serve a

36-24    period in a community-based facility; and

36-25                (2)  persons whose release on parole [or mandatory

36-26    supervision] has been continued or modified under Section 14(a) of

36-27    this article, and on whom sanctions have been imposed under that

 37-1    section.

 37-2          SECTION 16.  Article 42.037(h), Code of Criminal Procedure,

 37-3    is amended to read as follows:

 37-4          (h)  If a defendant is placed on community supervision

 37-5    [probation] or is paroled [or released on mandatory supervision]

 37-6    under this chapter, the court or the Board of Pardons and Paroles

 37-7    shall order the payment of restitution ordered under this article

 37-8    as a condition of community supervision or [probation,] parole[, or

 37-9    mandatory supervision].  The court may revoke community supervision

37-10    [probation] and the Board of Pardons and Paroles may revoke parole

37-11    [or mandatory supervision] if the defendant fails to comply with

37-12    the order.  In determining whether to revoke community supervision

37-13    or [probation,] parole[, or mandatory supervision], the court or

37-14    board shall consider:

37-15                (1)  the defendant's employment status;

37-16                (2)  the defendant's earning ability;

37-17                (3)  the defendant's financial resources;

37-18                (4)  the willfulness of the defendant's failure to pay;

37-19    and

37-20                (5)  any other special circumstances that may affect

37-21    the defendant's ability to pay.

37-22          SECTION 17.  Section 8(d), Article 42.09, Code of Criminal

37-23    Procedure, is amended to read as follows:

37-24          (d)  The institutional division of the Texas Department of

37-25    Criminal Justice shall make documents received under Subsections

37-26    (a) and (c) available to the pardons and paroles division on the

37-27    request of the pardons and paroles division and shall, on release

 38-1    of a defendant on parole [or to mandatory supervision], immediately

 38-2    provide the pardons and paroles division with copies of documents

 38-3    received under Subsection (a).  The pardons and paroles division

 38-4    shall provide to the parole officer appointed to supervise the

 38-5    defendant a comprehensive summary of the information contained in

 38-6    the documents referenced in this section not later than the 14th

 38-7    day after the date of the defendant's release.  The summary shall

 38-8    include a current photograph of the defendant and a complete set of

 38-9    the defendant's fingerprints.  Upon written request from the county

38-10    sheriff, the photograph and fingerprints shall be filed with the

38-11    sheriff of the county to which the parolee is assigned if that

38-12    county is not the county from which the parolee was sentenced.

38-13          SECTION 18.  Section 3g(a), Article 42.12, Code of Criminal

38-14    Procedure, as amended by Chapters 260 and 318, Acts of the 74th

38-15    Legislature, Regular Session, 1995, is amended to read as follows:

38-16          (a)  The provisions of Section 3 of this article do not

38-17    apply:

38-18                (1)  to a defendant adjudged guilty of an offense

38-19    under:

38-20                      (A)  Section 19.02, Penal Code (Murder);

38-21                      (B)  Section 19.03, Penal Code (Capital murder);

38-22                      (C)  Section 21.11(a)(1), Penal Code (Indecency

38-23    with a child);

38-24                      (D)  Section 20.04, Penal Code (Aggravated

38-25    kidnapping);

38-26                      (E)  Section 22.021, Penal Code (Aggravated

38-27    sexual assault);

 39-1                      (F)  Section 29.03, Penal Code (Aggravated

 39-2    robbery); [or]

 39-3                      (G)  Chapter 481, Health and Safety Code, for

 39-4    which punishment is increased under Section 481.134(c), (d), (e),

 39-5    or (f), Health and Safety Code, if it is shown that the defendant

 39-6    has been previously convicted of an offense for which punishment

 39-7    was increased under any of those subsections; or

 39-8                      (H) [(G)]  Section 22.011(a)(2), Penal Code

 39-9    (Sexual assault); or

39-10                (2)  to a defendant when it is shown that a deadly

39-11    weapon as defined in Section 1.07, Penal Code, was used or

39-12    exhibited during the commission of a felony offense or during

39-13    immediate flight therefrom, and that the defendant used or

39-14    exhibited the deadly weapon or was a party to the offense and knew

39-15    that a deadly weapon would be used or exhibited.  On an affirmative

39-16    finding under this subdivision, the trial court shall enter the

39-17    finding in the judgment of the court.  On an affirmative finding

39-18    that the deadly weapon was a firearm, the court shall enter that

39-19    finding in its judgment.

39-20          SECTION 19.  Article 43.101(a), Code of Criminal Procedure,

39-21    is amended to read as follows:

39-22          (a)  A defendant confined in county jail awaiting trial or a

39-23    defendant confined in county jail after conviction of a felony or

39-24    revocation of community supervision or[,] parole[, or mandatory

39-25    supervision] and awaiting transfer to the institutional division of

39-26    the Texas Department of Criminal Justice may volunteer to

39-27    participate in any work program operated by the sheriff that uses

 40-1    the labor of convicted defendants.

 40-2          SECTION 20.  Article 60.052(c), Code of Criminal Procedure,

 40-3    is amended to read as follows:

 40-4          (c)  Information in the corrections tracking system relating

 40-5    to the handling of offenders must include the following information

 40-6    about each imprisonment, confinement, or execution of an offender:

 40-7                (1)  the date of the imprisonment or confinement;

 40-8                (2)  if the offender was sentenced to death:

 40-9                      (A)  the date of execution; and

40-10                      (B)  if the death sentence was commuted, the

40-11    sentence to which the sentence of death was commuted and the date

40-12    of commutation;

40-13                (3)  the date the offender was released from

40-14    imprisonment or confinement and whether the release was a discharge

40-15    or a release on parole [or mandatory supervision];

40-16                (4)  if the offender is released on parole [or

40-17    mandatory supervision]:

40-18                      (A)  the offense for which the offender was

40-19    convicted by offense code and incident number;

40-20                      (B)  the date the offender was received by an

40-21    office of the Board of Pardons and Paroles division;

40-22                      (C)  the county in which the offender resides

40-23    while under supervision;

40-24                      (D)  any program in which an offender is placed

40-25    or has previously been placed and the level of supervision the

40-26    offender is placed on while under the jurisdiction of the Board of

40-27    Pardons and Paroles division;

 41-1                      (E)  the date a program described by Paragraph

 41-2    (D) of this subdivision begins, the date the program ends, and

 41-3    whether the program was completed successfully;

 41-4                      (F)  the date a level of supervision described by

 41-5    Paragraph (D) of this subdivision begins and the date the level of

 41-6    supervision ends;

 41-7                      (G)  if the offender's release status is revoked,

 41-8    the reason for the revocation and the date of revocation;

 41-9                      (H)  the expiration date of the sentence; and

41-10                      (I)  the date of the offender's release from the

41-11    Board of Pardons and Paroles division or the date on which the

41-12    offender is granted clemency; and

41-13                (5)  if the offender is released under Section 6(a),

41-14    Article 42.12, of this code, the date of the offender's release.

41-15          SECTION 21.  Article 406.009(e), Government Code, is amended

41-16    to read as follows:

41-17          (e)  The dismissal and discharge of proceedings under either

41-18    the misdemeanor adult community [probation and] supervision law or

41-19    the adult community supervision or [probation,] parole[, and

41-20    mandatory supervision] law shall not be considered a conviction for

41-21    the purposes of determining good cause.

41-22          SECTION 22.  Sections 413.019(a) and (b), Government Code,

41-23    are amended to read as follows:

41-24          (a)  Each month the policy council shall determine the

41-25    following information:

41-26                (1)  the number and percentage of inmates released on

41-27    parole [or to mandatory supervision] to each county;

 42-1                (2)  the number and percentage of inmates released on

 42-2    parole in absentia to each county; and

 42-3                (3)  the number of inmates released to and from a

 42-4    halfway house in each county, including the number of inmates who

 42-5    are required as a condition of release to reside in a county other

 42-6    than the county in which a halfway house is located.

 42-7          (b)  The policy council shall submit to the Texas Board of

 42-8    Criminal Justice an annual report that includes the following

 42-9    information for the preceding 12 months:

42-10                (1)  the number of inmates released on parole [or to

42-11    mandatory supervision];

42-12                (2)  the number and percentage of inmates released on

42-13    parole [or to mandatory supervision] to each county, including the

42-14    number of inmates who are required on release from a halfway house

42-15    to reside in a county other than the county in which the halfway

42-16    house is located;

42-17                (3)  the number of inmates released on parole in

42-18    absentia;

42-19                (4)  the number and destination of inmates who are

42-20    transferred from one county to another during the period of release

42-21    or supervision; and

42-22                (5)  the number and percentage of inmates released on

42-23    parole in absentia to each county.

42-24          SECTION 23.  Section 466.155(a), Government Code, is amended

42-25    to read as follows:

42-26          (a)  After a hearing, the director shall deny an application

42-27    for a license or the commission shall suspend or revoke a license

 43-1    if the director or commission, as applicable, finds that the

 43-2    applicant or sales agent:

 43-3                (1)  is an individual who:

 43-4                      (A)  has been convicted of a felony, criminal

 43-5    fraud, gambling or a gambling-related offense, or a misdemeanor

 43-6    involving moral turpitude, if less than 10 years has elapsed since

 43-7    the termination of the sentence, parole, [mandatory supervision,]

 43-8    or community supervision [probation] served for the offense;

 43-9                      (B)  is or has been a professional gambler;

43-10                      (C)  is married to an individual:

43-11                            (i)  described in Paragraph (A) or (B); or

43-12                            (ii)  who is currently delinquent in the

43-13    payment of any state tax;

43-14                      (D)  is an officer or employee of the commission

43-15    or a lottery operator; or

43-16                      (E)  is a spouse, child, brother, sister, or

43-17    parent residing as a member of the same household in the principal

43-18    place of residence of a person described by Paragraph (D);

43-19                (2)  is not an individual, and an individual described

43-20    in Subdivision (1):

43-21                      (A)  is an officer or director of the applicant

43-22    or sales agent;

43-23                      (B)  holds more than 10 percent of the stock in

43-24    the applicant or sales agent;

43-25                      (C)  holds an equitable interest greater than 10

43-26    percent in the applicant or sales agent;

43-27                      (D)  is a creditor of the applicant or sales

 44-1    agent who holds more than 10 percent of the applicant's or sales

 44-2    agent's outstanding debt;

 44-3                      (E)  is the owner or lessee of a business that

 44-4    the applicant or sales agent conducts or through which the

 44-5    applicant will conduct a ticket sales agency;

 44-6                      (F)  shares or will share in the profits, other

 44-7    than stock dividends, of the applicant or sales agent; or

 44-8                      (G)  participates in managing the affairs of the

 44-9    applicant or sales agent;

44-10                (3)  is currently delinquent in the payment of any

44-11    state tax;

44-12                (4)  is a person whose location for the sales agency

44-13    is:

44-14                      (A)  a racetrack at which wagering is authorized

44-15    under the Texas Racing Act (Article 179e, Vernon's Texas Civil

44-16    Statutes);

44-17                      (B)  a location licensed for games of bingo under

44-18    the Bingo Enabling Act (Article 179d, Vernon's Texas Civil

44-19    Statutes);

44-20                      (C)  on land that is owned by:

44-21                            (i)  this state; or

44-22                            (ii)  a political subdivision of this state

44-23    and on which is located a public primary or secondary school, an

44-24    institution of higher education, or an agency of the state; or

44-25                      (D)  a location for which a person holds a wine

44-26    and beer retailer's permit, mixed beverage permit, mixed beverage

44-27    late hours permit, private club registration permit, or private

 45-1    club late hours permit issued under Chapter 25, 28, 29, 32, or 33,

 45-2    Alcoholic Beverage Code; or

 45-3                (5)  has violated this chapter or a rule adopted under

 45-4    this chapter.

 45-5          SECTION 24.  Section 493.015(g), Government Code, as added by

 45-6    Section 1, Chapter 85, Acts of the 74th Legislature, Regular

 45-7    Session, 1995, is amended to read as follows:

 45-8          (g)  The department shall cooperate with the Immigration and

 45-9    Naturalization Service in implementing an efficient system for the

45-10    deportation of illegal criminal aliens on completion of the

45-11    inmates' sentences or release of the inmates on parole [or

45-12    mandatory supervision].  The department shall consider:

45-13                (1)  designating facilities or units within the

45-14    department as central locations to hold inmates who are illegal

45-15    criminal aliens for the period immediately preceding release on

45-16    parole [or mandatory supervision]; and

45-17                (2)  providing two-way closed circuit communications

45-18    systems and other technology that will assist the state and the

45-19    federal government in ensuring the timely and efficient deportation

45-20    of illegal criminal aliens on the release of those aliens from

45-21    imprisonment or confinement under the authority of the department.

45-22          SECTION 25.  Section 497.035(a), Government Code, is amended

45-23    to read as follows:

45-24          (a)  A person commits an offense if the person intentionally

45-25    sells or offers to sell on the open market in this state an article

45-26    or product the person knows was manufactured in whole or in part by

45-27    an inmate of the institutional division or an inmate in a

 46-1    correctional facility in any other state, other than an inmate:

 46-2                (1)  who was on community supervision or[,] parole[, or

 46-3    mandatory supervision];

 46-4                (2)  employed by an enterprise who has employed the

 46-5    inmate to advantage themselves of the Franchise Tax Credit offered

 46-6    under Subchapter L, Chapter 171, Tax Code, at the time of

 46-7    manufacture; or

 46-8                (3)  participating in a federally certified prison

 46-9    industry enhancement program.

46-10          SECTION 26.  Section 497.094(a), Government Code, is amended

46-11    to read as follows:

46-12          (a)  The department shall implement job training programs for

46-13    inmates confined in facilities operated by the department and

46-14    monitor the success of those programs.  The department shall

46-15    collect information relating to the employment histories of inmates

46-16    released from the institutional division on parole [and mandatory

46-17    supervision].

46-18          SECTION 27.  Sections 498.003(a) and (c), Government Code,

46-19    are amended to read as follows:

46-20          (a)  Good conduct time applies only to eligibility for parole

46-21    [or mandatory supervision] as provided by Section 8, Article 42.18,

46-22    Code of Criminal Procedure, and does not otherwise affect an

46-23    inmate's term.  Good conduct time is a privilege and not a right.

46-24    Regardless of the classification of an inmate, the department may

46-25    grant good conduct time to the inmate only if the department finds

46-26    that the inmate is actively engaged in an agricultural, vocational,

46-27    or educational endeavor or in an industrial program or other work

 47-1    program, unless the department finds that the inmate is not capable

 47-2    of participating in such an endeavor.

 47-3          (c)  An inmate may not accrue good conduct time during any

 47-4    period the inmate is classified as a Class III inmate or is on

 47-5    parole [or under mandatory supervision].

 47-6          SECTION 28.  Section 498.004(b), Government Code, as amended

 47-7    by Section 4, Chapter 249, Acts of the 74th Legislature, Regular

 47-8    Session, 1995, is amended to read as follows:

 47-9          (b)  On the revocation of parole [or mandatory supervision]

47-10    of an inmate, the inmate forfeits all good conduct time previously

47-11    accrued.  On return to the institutional division the inmate may

47-12    accrue new good conduct time for subsequent time served in the

47-13    division.  The department may not restore good conduct time

47-14    forfeited on a revocation.

47-15          SECTION 29.  Section 498.004(b), Government Code, as amended

47-16    by Section 1.049, Chapter 321, Acts of the 74th Legislature,

47-17    Regular Session, 1995, is amended to read as follows:

47-18          (b)  On the revocation of parole [or mandatory supervision]

47-19    of an inmate, the inmate forfeits all good conduct time previously

47-20    accrued.  On return to the institutional division the inmate may

47-21    accrue new good conduct time for subsequent time served in the

47-22    division.  The department may restore good conduct time forfeited

47-23    on a revocation that does not involve a new criminal conviction

47-24    after the inmate has served at least three months of good behavior

47-25    in the institutional division, subject to policies established by

47-26    the division.

47-27          SECTION 30.  Section 499.002(a), Government Code, is amended

 48-1    to read as follows:

 48-2          (a)  The pardons and paroles division may assume custody of

 48-3    an eligible inmate not more than one year before the inmate's

 48-4    presumptive parole date [or mandatory supervision release date].

 48-5    The eligible inmate becomes a pre-parolee on the date the pardons

 48-6    and paroles division assumes custody, and the pardons and paroles

 48-7    division immediately shall transfer the pre-parolee to a community

 48-8    residential facility.  Except as otherwise provided by this

 48-9    subchapter, the pre-parolee may serve the remainder of the

48-10    pre-parolee's sentence before release on parole in the facility

48-11    designated by the pardons and paroles division.

48-12          SECTION 31.  (a)  Section 499.025(b), Government Code, is

48-13    amended to read as follows:

48-14          (b)  If the inmate population of the institutional division

48-15    reaches 95 percent of capacity or, if the attorney general has

48-16    authorized an increase in the permissible percentage of capacity

48-17    under Section 499.109, the inmate population reaches that increased

48-18    permissible percentage, the director shall immediately notify the

48-19    executive director, the board, and the attorney general in writing

48-20    of that fact.  The attorney general shall certify to the board in

48-21    writing as to whether the institutional division has reached 95

48-22    percent of capacity or, if applicable, the increased permissible

48-23    percentage.  If the attorney general certifies that 95 percent of

48-24    capacity has been reached or, if applicable, that the increased

48-25    permissible percentage has been reached, the board shall

48-26    immediately certify that an emergency overcrowding situation exists

48-27    and direct the Board of Pardons and Paroles to proceed in the

 49-1    manner described by Subsection (c).  If the Commission on Jail

 49-2    Standards determines that in any county jail in this state there

 49-3    exists an inmate awaiting transfer to the institutional division

 49-4    following conviction of a felony or revocation of community

 49-5    supervision or [probation,] parole[, or release on mandatory

 49-6    supervision] and for whom all paperwork and processing required for

 49-7    transfer have been completed for not less than 45 days, the board

 49-8    may direct the Board of Pardons and Paroles to proceed in the

 49-9    manner described by Subsection (c).

49-10          (b)  This section takes effect only if Section 32 of this Act

49-11    does not take effect.

49-12          SECTION 32.  (a)  Section 499.025(b), Government Code, is

49-13    amended to read as follows:

49-14          (b)  If the inmate population of the institutional division

49-15    reaches 100 percent of capacity or, if the attorney general has

49-16    authorized an increase in the permissible percentage of capacity

49-17    under Section 499.109, the inmate population reaches that increased

49-18    permissible percentage, the director shall immediately notify the

49-19    executive director, the board, and the attorney general in writing

49-20    of that fact.  The attorney general shall certify to the board in

49-21    writing as to whether the institutional division has reached 100

49-22    percent of capacity or, if applicable, the increased permissible

49-23    percentage.  If the attorney general certifies that 100 percent of

49-24    capacity has been reached or, if applicable, that the increased

49-25    permissible percentage has been reached, the board shall

49-26    immediately certify that an emergency overcrowding situation exists

49-27    and direct the Board of Pardons and Paroles to proceed in the

 50-1    manner described by Subsection (c).  If the Commission on Jail

 50-2    Standards determines that in any county jail in this state there

 50-3    exists an inmate awaiting transfer to the institutional division

 50-4    following conviction of a felony or revocation of community

 50-5    supervision or [probation,] parole[, or release on mandatory

 50-6    supervision] and for whom all paperwork and processing required for

 50-7    transfer have been completed for not less than 45 days, the board

 50-8    may direct the Board of Pardons and Paroles to proceed in the

 50-9    manner described by Subsection (c).

50-10          (b)  This section takes effect only if the attorney general,

50-11    under the terms of Section 71(c), Chapter 318, Acts of the 74th

50-12    Legislature, Regular Session, 1995, makes the certification

50-13    described by Section 71(c).  If the attorney general does not make

50-14    the certification described by Section 71(c), this section has no

50-15    effect.

50-16          SECTION 33.  Section 499.053(c), Government Code, is amended

50-17    to read as follows:

50-18          (c)  All laws relating to good conduct time and eligibility

50-19    for release on parole [or mandatory supervision] apply to a person

50-20    transferred to the institutional division by the youth commission

50-21    as if the time the person was detained in a detention facility and

50-22    the time the person served in the custody of the youth commission

50-23    was time served in the custody of the division.

50-24          SECTION 34.  Section 499.122, Government Code, is amended to

50-25    read as follows:

50-26          Sec. 499.122.  Inmate Count.  The Commission on Jail

50-27    Standards shall analyze monthly the population of each jail in this

 51-1    state that is the jail for a qualifying county and determine the

 51-2    number of inmates confined in the jail who are awaiting transfer to

 51-3    the institutional division following conviction of a felony or

 51-4    revocation of community supervision or [probation,] parole[, or

 51-5    release on mandatory supervision] and for whom all paperwork and

 51-6    processing required under Section 8(a), Article 42.09, Code of

 51-7    Criminal Procedure, for transfer have been completed.  The

 51-8    commission may not consider in determining the population of the

 51-9    jail under this section any inmate who is in the jail after having

51-10    been transferred from another jail and for whom the commission has

51-11    made payment under this subchapter.

51-12          SECTION 35.  Sections 499.123(a) and (c), Government Code,

51-13    are amended to read as follows:

51-14          (a)  Not later than the 32nd day after the effective date of

51-15    this subchapter, the Commission on Jail Standards shall determine

51-16    for each jail in this state that is the jail for a qualifying

51-17    county the number of inmates confined in the jail on April 1, 1991,

51-18    who were awaiting transfer to the institutional division following

51-19    conviction of a felony or revocation of community supervision or

51-20    [probation,] parole[, or release on mandatory supervision] and for

51-21    whom paperwork and processing required under Section 8(a), Article

51-22    42.09, Code of Criminal Procedure, for transfer had been completed

51-23    on that date.

51-24          (c)  Not later than September 10, 1993, the Commission on

51-25    Jail Standards shall determine for each jail in this state that is

51-26    the jail for a qualifying county the number of inmates confined in

51-27    the jail on September 1, 1993, who were awaiting transfer to the

 52-1    institutional division following conviction of a felony or

 52-2    revocation of community supervision or [probation,] parole[, or

 52-3    release on mandatory supervision] and for whom paperwork and

 52-4    processing required under Section 8(a), Article 42.09, Code of

 52-5    Criminal Procedure, for transfer had been completed, as determined

 52-6    under Section 499.122, on that date.

 52-7          SECTION 36.  Section 499.126(a), Government Code, is amended

 52-8    to read as follows:

 52-9          (a)  In this subchapter, "qualifying county" means a county

52-10    that:

52-11                (1)  on or after the effective date of this subchapter

52-12    does not initiate or become a party to a suit against the state or

52-13    a state agency or state official, the subject of which is the

52-14    reimbursement of the county for the confinement of inmates in the

52-15    county jail who are awaiting transfer to the institutional division

52-16    following conviction of a felony or revocation of community

52-17    supervision or [probation,] parole[, or release on mandatory

52-18    supervision]; and

52-19                (2)  if, before the effective date of this subchapter,

52-20    it was a party to a suit in state court described by Subdivision

52-21    (1), has before the 31st day after the effective date of this

52-22    subchapter:

52-23                      (A)  had the county's suit vacated and dismissed

52-24    by the court;

52-25                      (B)  had the county's suit abated by the court,

52-26    by entry of an abatement order that specifically provides that:

52-27                            (i)  the suit may not be reactivated except

 53-1    before September 1, 1997, and except on a finding by the court that

 53-2    the state has substantially failed to perform a duty imposed under

 53-3    this subchapter;

 53-4                            (ii)  the county is barred from any claim

 53-5    for reimbursement for the cost of confining inmates on and after

 53-6    the effective date of this subchapter and until September 1, 1995,

 53-7    other than reimbursement specified in this subchapter; and

 53-8                            (iii)  if the suit is not reactivated

 53-9    before September 1, 1997, the court shall vacate and dismiss the

53-10    suit on that date; or

53-11                      (C)  had the county's suit settled by written

53-12    agreement.

53-13          SECTION 37.  Section 499.152, Government Code, is amended to

53-14    read as follows:

53-15          Sec. 499.152.  Eligible Inmates.  The institutional division

53-16    may confine an inmate in a transfer facility authorized by this

53-17    subchapter:

53-18                (1)  only if paperwork and processing required under

53-19    Section 8(a), Article 42.09, Code of Criminal Procedure, for

53-20    transfer of the inmate to the division has been completed; and

53-21                (2)  only during a period in which the inmate would

53-22    otherwise be confined in a county jail awaiting transfer to the

53-23    division following conviction of a felony or revocation of

53-24    community supervision or [probation,] parole[, or release on

53-25    mandatory supervision].

53-26          SECTION 38.  Sections 499.155(b) and (c), Government Code,

53-27    are amended to read as follows:

 54-1          (b)  If an inmate described by Section 499.152 is confined in

 54-2    a transfer facility, is released from or transferred from the

 54-3    transfer facility or returned to the convicting county under court

 54-4    order, and is convicted of a subsequent offense, is returned from

 54-5    the convicting county, or is the subject of a revocation of parole

 54-6    [or mandatory supervision], the institutional division shall not

 54-7    calculate the previous period of confinement in determining the

 54-8    maximum period the defendant may be confined in a transfer facility

 54-9    following conviction of the subsequent offense, return from the

54-10    convicting county, or revocation.

54-11          (c)  If an inmate is discharged or released on parole [or

54-12    mandatory supervision] from a transfer facility, the inmate is

54-13    entitled to receive release or discharge money from the

54-14    institutional division in the same amount as an inmate is entitled

54-15    to receive on release or discharge from any other facility of the

54-16    institutional division under Section 501.015.

54-17          SECTION 39.  Sections 501.015(a) and (b), Government Code,

54-18    are amended to read as follows:

54-19          (a)  When an inmate is discharged or is released on parole[,

54-20    mandatory supervision,] or conditional pardon, the institutional

54-21    division shall provide the inmate with:

54-22                (1)  suitable civilian clothing;

54-23                (2)  money held in the inmate's trust account by the

54-24    director; and

54-25                (3)  cash, in an amount and in the manner described by

54-26    Subsection (b).

54-27          (b)  When an inmate is released on parole[, mandatory

 55-1    supervision,] or conditional pardon, the inmate is entitled to

 55-2    receive $100 from the department and transportation at the expense

 55-3    of the department to the location at which the inmate is required

 55-4    to report to a parole officer by the pardons and paroles division.

 55-5    The inmate shall receive $50 on his release from the institution

 55-6    and $50 on initially reporting to a parole officer at the location

 55-7    at which the inmate is required to report to a parole officer.  If

 55-8    an inmate is released and is not required by the pardons and

 55-9    paroles division to report to a parole officer or is authorized by

55-10    the pardons and paroles division to report to a location outside

55-11    this state, the department shall provide the inmate with $100 and,

55-12    at the expense of the department, transportation to:

55-13                (1)  the location of the inmate's residence, if the

55-14    residence is in this state; or

55-15                (2)  a transit point determined appropriate by the

55-16    department, if the inmate's residence is outside this state or the

55-17    inmate is required by the pardons and paroles division to report to

55-18    a location outside this state.

55-19          SECTION 40.  Section 501.016(a), Government Code, is amended

55-20    to read as follows:

55-21          (a)  The department shall prepare and provide an inmate with

55-22    the inmate's discharge or release papers when the inmate is

55-23    entitled to be discharged or to be released on parole[, mandatory

55-24    supervision,] or conditional pardon.  The papers must be dated and

55-25    signed by the officer preparing the papers and bear the seal of the

55-26    department.  The papers must contain:

55-27                (1)  the inmate's name;

 56-1                (2)  a statement of the offense or offenses for which

 56-2    the inmate was sentenced;

 56-3                (3)  the date on which the defendant was sentenced and

 56-4    the length of the sentence;

 56-5                (4)  the name of the county in which the inmate was

 56-6    sentenced;

 56-7                (5)  the amount of calendar time the inmate actually

 56-8    served;

 56-9                (6)  a statement of any trade learned by the inmate and

56-10    the inmate's proficiency at that trade; and

56-11                (7)  the physical description of the inmate, as far as

56-12    practicable.

56-13          SECTION 41.  Section 501.054(g), Government Code, is amended

56-14    to read as follows:

56-15          (g)  The department shall maintain the confidentiality of

56-16    test results of an inmate indicating HIV infection after the

56-17    inmate's discharge, release from a state jail, or release on parole

56-18    [or mandatory supervision] and may not honor the request of an

56-19    agency of the state or any person who requests a test result as a

56-20    condition of housing or supervising the inmate while the inmate is

56-21    on community supervision or parole [or mandatory supervision],

56-22    unless honoring the request would improve the ability of the inmate

56-23    to obtain essential health and social services.

56-24          SECTION 42.  Section 501.0931(d), Government Code, is amended

56-25    to read as follows:

56-26          (d)  The institutional division shall separate inmates

56-27    participating in the program from the general population of the

 57-1    division and house the inmates in discrete units or areas within

 57-2    units, except during the diagnostic process or at other times

 57-3    determined to be necessary by the division for medical or security

 57-4    purposes.  The institutional division shall separate an inmate who

 57-5    successfully completes the program from the general population of

 57-6    the division during any period after completion and before the

 57-7    inmate is discharged or released on parole [or mandatory

 57-8    supervision] from the department.

 57-9          SECTION 43.  Section 511.0101(a), Government Code, is amended

57-10    to read as follows:

57-11          (a)  Each county shall submit to the commission on or before

57-12    the fifth day of each month a report containing the following

57-13    information:

57-14                (1)  the number of prisoners confined in the county

57-15    jail on the first day of the month, classified on the basis of the

57-16    following categories:

57-17                      (A)  total prisoners;

57-18                      (B)  pretrial Class C misdemeanor offenders;

57-19                      (C)  pretrial Class A and B misdemeanor

57-20    offenders;

57-21                      (D)  convicted misdemeanor offenders;

57-22                      (E)  felony offenders whose penalty has been

57-23    reduced to a misdemeanor;

57-24                      (F)  pretrial felony offenders;

57-25                      (G)  convicted felony offenders;

57-26                      (H)  prisoners detained on bench warrants;

57-27                      (I)  prisoners detained for parole violations;

 58-1                      (J)  prisoners detained for federal officers;

 58-2                      (K)  prisoners awaiting transfer to the

 58-3    institutional division of the Texas Department of Criminal Justice

 58-4    following conviction of a felony or revocation of community

 58-5    supervision or [probation,] parole[, or release on mandatory

 58-6    supervision] and for whom paperwork and processing required for

 58-7    transfer have been completed;

 58-8                      (L)  prisoners detained after having been

 58-9    transferred from another jail and for whom the commission has made

58-10    a payment under Subchapter F, Chapter 499, Government Code; and

58-11                      (M)  other prisoners;

58-12                (2)  the total capacity of the county jail on the first

58-13    day of the month; and

58-14                (3)  certification by the reporting official that the

58-15    information in the report is accurate.

58-16          SECTION 44.  Sections 575.016(a) and (b), Health and Safety

58-17    Code, are amended to read as follows:

58-18          (a)  The institutional division of the Texas Department of

58-19    Criminal Justice shall transfer a patient committed to an

58-20    institutional division inpatient mental health facility under

58-21    Section 574.044 to a noncorrectional mental health facility on the

58-22    day the inmate is released on parole [or mandatory supervision].

58-23          (b)  A patient transferred to a department mental health

58-24    facility shall be transferred as prescribed by Section 575.011 or

58-25    575.012 to the facility that serves the location to which the

58-26    patient is released on parole [or mandatory supervision].

58-27          SECTION 45.  Section 46.04(a), Penal Code, is amended to read

 59-1    as follows:

 59-2          (a)  A person who has been convicted of a felony commits an

 59-3    offense if he possesses a firearm:

 59-4                (1)  after conviction and before the fifth anniversary

 59-5    of the person's release from confinement following conviction of

 59-6    the felony or the person's release from supervision under community

 59-7    supervision or[,] parole[, or mandatory supervision], whichever

 59-8    date is later; or

 59-9                (2)  after the period described by Subdivision (1), at

59-10    any location other than the premises at which the person lives.

59-11          SECTION 46.  Section 46.06(a), Penal Code, is amended to read

59-12    as follows:

59-13          (a)  A person commits an offense if the person:

59-14                (1)  sells, rents, leases, loans, or gives a handgun to

59-15    any person knowing that the person to whom the handgun is to be

59-16    delivered intends to use it unlawfully or in the commission of an

59-17    unlawful act;

59-18                (2)  intentionally or knowingly sells, rents, leases,

59-19    or gives or offers to sell, rent, lease, or give to any child

59-20    younger than 18 years any firearm, club, or illegal knife;

59-21                (3)  intentionally, knowingly, or recklessly sells a

59-22    firearm or ammunition for a firearm to any person who is

59-23    intoxicated;

59-24                (4)  knowingly sells a firearm or ammunition for a

59-25    firearm to any person who has been convicted of a felony before the

59-26    fifth anniversary of the later of the following dates:

59-27                      (A)  the person's release from confinement

 60-1    following conviction of the felony; or

 60-2                      (B)  the person's release from supervision under

 60-3    community supervision or[,] parole[, or mandatory supervision]

 60-4    following conviction of the felony; or

 60-5                (5)  sells, rents, leases, loans, or gives a handgun to

 60-6    any person knowing that an active protective order is directed to

 60-7    the person to whom the handgun is to be delivered.

 60-8          SECTION 47.  Section 13, Bingo Enabling Act (Article 179d,

 60-9    Vernon's Texas Civil Statutes), is amended by amending Subsections

60-10    (c), (l), and (q) to read as follows:

60-11          (c)  The commission shall issue to an applicant a license for

60-12    the conduct of bingo, or a license renewal, on payment of a license

60-13    fee in accordance with Subdivision (1) of Subsection (d) of this

60-14    section, if the commission determines that:

60-15                (1)  the member or members of the applicant designated

60-16    in the application to conduct bingo are active members of the

60-17    applicant;

60-18                (2)  no person under whose name the game or games of

60-19    bingo will be conducted, and no person who will work at the

60-20    proposed bingo games, has been convicted of a felony, gambling

60-21    offense, criminal fraud, or a crime of moral turpitude for which

60-22    less than 10 years have elapsed since termination of any sentence,

60-23    parole, [mandatory supervision,] or community supervision

60-24    [probation] served for the offense;

60-25                (3)  the games are to be conducted in accordance with

60-26    this Act;

60-27                (4)  the proceeds of the games are to be disposed of as

 61-1    provided by this Act;

 61-2                (5)  the applicant has made and can demonstrate

 61-3    significant progress toward the accomplishment of the purposes of

 61-4    the organization during the 12-month period preceding the date of

 61-5    application for a license or license renewal; and

 61-6                (6)  all persons who will conduct, promote, or

 61-7    administer the proposed bingo games are active, bona fide members

 61-8    of the applicant organization and all other persons who will assist

 61-9    in conducting, promoting, or administering the proposed bingo games

61-10    are persons authorized to do so by Section 19 of this Act.

61-11          (l)  The commission may not issue a license to an authorized

61-12    organization to conduct bingo if an officer of the organization has

61-13    been convicted of a felony, criminal fraud, gambling or

61-14    gambling-related offense, or crime of moral turpitude, if less than

61-15    10 years have elapsed since the termination of any sentence,

61-16    parole, [mandatory supervision,] or community supervision

61-17    [probation] served for the offense.

61-18          (q)  The following persons are not eligible for a commercial

61-19    license to lease bingo premises to a licensed authorized

61-20    organization:

61-21                (1)  a person convicted of a felony, criminal fraud,

61-22    gambling or gambling-related offense, or crime of moral turpitude,

61-23    if less than 10 years have elapsed since the termination of any

61-24    sentence, parole, [mandatory supervision,] or community supervision

61-25    [probation] served for the offense;

61-26                (2)  a public officer who receives any consideration,

61-27    direct or indirect, as owner or lessor of premises offered for the

 62-1    purpose of conducting bingo;

 62-2                (3)  a person who extends credit to, loans money to, or

 62-3    pays or provides for the payment of license fees for an authorized

 62-4    organization;

 62-5                (4)  a distributor or manufacturer; or

 62-6                (5)  a person, firm, or corporation in which a person

 62-7    covered by Subdivision (1), (2), (3), or (4) of this subsection or

 62-8    a person married or related in the first degree by consanguinity or

 62-9    affinity, as determined under Subchapter B, Chapter 573, Government

62-10    Code [Article 5996h, Revised Statutes], to one of those persons has

62-11    greater than a 10 percent proprietary, equitable, or credit

62-12    interest or in which one of those persons is active or employed.

62-13          SECTION 48.  Section 13a(c), Bingo Enabling Act (Article

62-14    179d, Vernon's Texas Civil Statutes), is amended to read as

62-15    follows:

62-16          (c)  The following persons are not eligible for a license

62-17    issued under this section:

62-18                (1)  a person convicted of a felony, criminal fraud,

62-19    gambling or gambling-related offense, or a crime of moral

62-20    turpitude, if less than 10 years have elapsed since the termination

62-21    of any sentence, parole, [mandatory supervision,] or community

62-22    supervision [probation] served for the offense;

62-23                (2)  a person who is or has been a professional gambler

62-24    or gambling promoter;

62-25                (3)  an elected or appointed public officer or public

62-26    employee;

62-27                (4)  an owner, officer, director, shareholder, agent,

 63-1    or employee of a commercial lessor licensed under this Act;

 63-2                (5)  a person who conducts, promotes, or administers,

 63-3    or assists in conducting, promoting, or administering bingo games

 63-4    for which a license is required by this Act;

 63-5                (6)  a distributor required to be licensed under this

 63-6    Act;

 63-7                (7)  a person who has had a license to manufacture,

 63-8    distribute, or supply bingo equipment, devices, or supplies revoked

 63-9    within the preceding year by any other state;

63-10                (8)  an owner, officer, director, or shareholder of, or

63-11    holder of an equitable or credit interest in, another manufacturer

63-12    or distributor licensed or required to be licensed under this Act;

63-13    or

63-14                (9)  a person, firm, or corporation:

63-15                      (A)  in which a person described by Subdivision

63-16    (1), (2), (3), (4), (5), (6), (7), or (8) of this subsection or in

63-17    which a person married or related in the first degree by

63-18    consanguinity or affinity to one of those persons has greater than

63-19    a 10 percent proprietary, equitable, or credit interest or in which

63-20    one of those persons is active or employed; or

63-21                      (B)  in whose application a person described by

63-22    Subdivision (1), (2), (3), (4), (5), (6), (7), or (8) of this

63-23    subsection is required to be named.

63-24          SECTION 49.  Section 13b(c), Bingo Enabling Act (Article

63-25    179d, Vernon's Texas Civil Statutes), is amended to read as

63-26    follows:

63-27          (c)  The following persons are not eligible for a license

 64-1    under this section:

 64-2                (1)  a person convicted of a felony, criminal fraud,

 64-3    gambling or gambling-related offense, or crime of moral turpitude,

 64-4    if less than 10 years have elapsed since the termination of any

 64-5    sentence, parole, [mandatory supervision,] or community supervision

 64-6    [probation] served for the offense;

 64-7                (2)  a person who is or has been a professional gambler

 64-8    or gambling promoter;

 64-9                (3)  an elected or appointed public officer or a public

64-10    employee;

64-11                (4)  an owner, officer, director, shareholder, agent,

64-12    or employee of a commercial lessor licensed under this Act;

64-13                (5)  a person who conducts, promotes, or administers,

64-14    or assists in conducting, promoting, or administering bingo games

64-15    for which a license is required by this Act;

64-16                (6)  a manufacturer required to be licensed under this

64-17    Act;

64-18                (7)  a person whose license to manufacture, distribute,

64-19    or supply bingo equipment, devices, or supplies has been revoked

64-20    within the past year by any other state;

64-21                (8)  an owner, officer, director, shareholder, or

64-22    person having an equitable or credit interest in another

64-23    manufacturer or distributor licensed or required to be licensed

64-24    under this Act; or

64-25                (9)  a person, firm, or corporation:

64-26                      (A)  in which a person described by Subdivision

64-27    (1), (2), (3), (4), (5), (6), (7), or (8) of this subsection or in

 65-1    which a person married or related in the first degree by

 65-2    consanguinity or affinity, as determined under Subchapter B,

 65-3    Chapter 573, Government Code [Article 5996h, Revised Statutes], to

 65-4    one of those persons has greater than a 10 percent proprietary,

 65-5    equitable, or credit interest or in which one of those persons is

 65-6    active or employed; or

 65-7                      (B)  in whose application a person described by

 65-8    Subdivision (1), (2), (3), (4), (5), (6), (7), or (8) of this

 65-9    subsection is required to be named.

65-10          SECTION 50.  Section 3(a), Private Investigators and Private

65-11    Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil

65-12    Statutes), is amended to read as follows:

65-13          (a)  This Act does not apply to:

65-14                (1)  a person employed exclusively and regularly by one

65-15    employer in connection with the affairs of an employer only and

65-16    where there exists an employer-employee relationship; provided,

65-17    however, any person who shall carry a firearm in the course of his

65-18    employment shall be required to obtain a private security officer

65-19    commission under the provisions of this Act;

65-20                (2)  except as provided by Subsection (d) of this

65-21    Section, an officer or employee of the United States of America, or

65-22    of this State or political subdivision of either, while the

65-23    employee or officer is engaged in the performance of official

65-24    duties;

65-25                (3)  a person who has full-time employment as a peace

65-26    officer, who receives compensation for private employment on an

65-27    individual or an independent contractor basis as a patrolman,

 66-1    guard, or watchman if the officer:

 66-2                      (A)  is employed in an employee-employer

 66-3    relationship or employed on an individual contractual basis;

 66-4                      (B)  is not in the employ of another peace

 66-5    officer;

 66-6                      (C)  is not a reserve peace officer; and

 66-7                      (D)  works as a peace officer on the average of

 66-8    at least 32 hours a week, is compensated by the state or a

 66-9    political subdivision of the state at the rate of the minimum wage

66-10    or higher, and is entitled to all employee benefits offered to a

66-11    peace officer by the state or political subdivision;

66-12                (4)  a person engaged exclusively in the business of

66-13    obtaining and furnishing information for purposes of credit

66-14    worthiness or collecting debts or ascertaining the financial

66-15    responsibility of applicants for property insurance and for

66-16    indemnity or surety bonds, with respect to persons, firms, and

66-17    corporations;

66-18                (5)  an attorney-at-law in performing his duties;

66-19                (6)  admitted insurers, insurance adjusters, agents,

66-20    and insurance brokers licensed by the State, performing duties in

66-21    connection with insurance transacted by them;

66-22                (7)  a person who engages exclusively in the business

66-23    of repossessing property that is secured by a mortgage or other

66-24    security interest;

66-25                (8)  a locksmith who does not install or service

66-26    detection devices, does not conduct investigations, and is not a

66-27    security service contractor;

 67-1                (9)  a person who owns and installs burglar detection

 67-2    or alarm devices on his own property or, if he does not charge for

 67-3    the device or its installation, installs it for the protection of

 67-4    his personal property located on another's property, and does not

 67-5    install the devices as a normal business practice on the property

 67-6    of another;

 67-7                (10)  an employee of a cattle association who is

 67-8    engaged in inspection of brands of livestock under the authority

 67-9    granted to that cattle association by the Packers and Stockyards

67-10    Division of the United States Department of Agriculture;

67-11                (11)  the provisions of this Act shall not apply to

67-12    common carriers by rail engaged in interstate commerce and

67-13    regulated by state and federal authorities and transporting

67-14    commodities essential to the national defense and to the general

67-15    welfare and safety of the community;

67-16                (12)  a registered professional engineer practicing in

67-17    accordance with the provisions of the Texas Engineering Practice

67-18    Act  that does not install or service detection devices, does not

67-19    conduct nonengineering investigations, is performing forensic

67-20    engineering studies, and is not a security services contractor;

67-21                (13)  a person whose sale of burglar alarm signal

67-22    devices, burglary alarms, television cameras, still cameras, or

67-23    other electrical, mechanical, or electronic devices used for

67-24    preventing or detecting burglary, theft, shoplifting, pilferage, or

67-25    other losses is exclusively over-the-counter or by mail order;

67-26                (14)  a person who holds a license or other form of

67-27    permission issued by an incorporated city or town to practice as an

 68-1    electrician and who installs fire or smoke detectors in no building

 68-2    other than a single family or multifamily residence;

 68-3                (15)  a person or organization in the business of

 68-4    building construction that installs electrical wiring and devices

 68-5    that may include in part the installation of a burglar alarm or

 68-6    detection device if:

 68-7                      (A)  the person or organization is a party to a

 68-8    contract that provides that the installation will be performed

 68-9    under the direct supervision of and inspected and certified by a

68-10    person or organization licensed to install and certify such an

68-11    alarm or detection device and that the licensee assumes full

68-12    responsibility for the installation of the alarm or detection

68-13    device; and

68-14                      (B)  the person or organization does not service

68-15    or maintain burglar alarms or detection devices;

68-16                (16)  a reserve peace officer while the reserve officer

68-17    is performing guard, patrolman, or watchman duties for a county and

68-18    is being compensated solely by that county;

68-19                (17)  response to a burglar alarm or detection device

68-20    by a law enforcement agency or by a law enforcement officer acting

68-21    in an official capacity;

68-22                (18)  a person who, by education, experience, or

68-23    background has specialized expertise or knowledge such as that

68-24    which would qualify or tend to qualify such person as an expert

68-25    witness, authorized to render opinions in proceedings conducted in

68-26    a court, administrative agency, or governing body of this state or

68-27    of the United States, in accordance with applicable rules and

 69-1    regulations and who does not perform any other service for which a

 69-2    license is required by provisions of this Act;

 69-3                (19)  an officer, employee, or agent of a common

 69-4    carrier, as defined by Section 153(h), Communications Act of 1934

 69-5    (47 U.S.C.A. Sec. 151 et seq.), while protecting the carrier or a

 69-6    user of the carrier's long-distance services from a fraudulent,

 69-7    unlawful, or abusive use of those long-distance services;

 69-8                (20)  a person who sells or installs automobile burglar

 69-9    alarm devices and that does not perform any other act that requires

69-10    a license under this Act;

69-11                (21)  a manufacturer, or a manufacturer's authorized

69-12    distributor, who sells to the holder of a license under this Act

69-13    equipment used in the operations for which the holder is required

69-14    to be licensed;

69-15                (22)  a person employed as a noncommissioned security

69-16    officer by a political subdivision of this state;

69-17                (23)  a person whose activities are regulated under

69-18    Article 5.43-2, Insurance Code, except to the extent that those

69-19    activities are specifically regulated under this Act;

69-20                (24)  a landman performing activities in the course and

69-21    scope of the landman's business;

69-22                (25)  a hospital or a wholly owned subsidiary or

69-23    affiliate of a hospital that provides medical alert services for

69-24    persons who are sick or disabled, if the hospital, subsidiary, or

69-25    affiliate is licensed under Chapter 241, Health and Safety Code,

69-26    and the hospital does not perform any other service that requires a

69-27    license under this Act;

 70-1                (26)  a charitable, nonprofit organization that

 70-2    provides medical alert services for persons who are sick or

 70-3    disabled, if the organization:

 70-4                      (A)  is exempt from taxation under Section

 70-5    501(c)(3), Internal Revenue Code of 1986;

 70-6                      (B)  has its monitoring services provided by a

 70-7    licensed person or hospital or a wholly owned subsidiary or

 70-8    affiliate of a hospital licensed under Chapter 241, Health and

 70-9    Safety Code; and

70-10                      (C)  does not perform any other service that

70-11    requires a license under this Act;

70-12                (27)  a person engaged in the business of electronic

70-13    monitoring of a person as a condition of that person's community

70-14    supervision [probation], parole, [mandatory supervision,] or

70-15    release on bail, if the person does not perform any other service

70-16    that requires a license under this Act;

70-17                (28)  a nonprofit business or civic organization that:

70-18                      (A)  employs one or more peace officers meeting

70-19    the qualifications of Subdivision (3) of this subsection as

70-20    patrolmen, guards, or watchmen;

70-21                      (B)  provides the services of these peace

70-22    officers only to:

70-23                            (i)  its members; or

70-24                            (ii)  if the organization does not have

70-25    members, the members of the communities served by the organization

70-26    as described in its articles of incorporation or other

70-27    organizational documents;

 71-1                      (C)  devotes the net receipts from all charges

 71-2    for the services exclusively to the cost of providing the services

 71-3    or to the costs of other services for the enhancement of the

 71-4    security or safety of:

 71-5                            (i)  its members; or

 71-6                            (ii)  if the organization does not have

 71-7    members, the members of the communities served by the organization

 71-8    as described in its articles of incorporation or other

 71-9    organizational documents; and

71-10                      (D)  does not perform any other service that

71-11    requires a license under this Act;

71-12                (29)  a charitable, nonprofit organization that

71-13    maintains a system of records to aid in the location of missing

71-14    children if the organization:

71-15                      (A)  is exempt from federal taxation under

71-16    Section 501(c)(3), Internal Revenue Code of 1986[, and its

71-17    subsequent amendments];

71-18                      (B)  exclusively provides services related to

71-19    locating missing children; and

71-20                      (C)  does not perform any other service that

71-21    requires a license under this Act; or

71-22                (30)  a person engaged in the business of psychological

71-23    testing or other testing and interviewing services (to include but

71-24    not limited to attitudes, honesty, intelligence, personality, and

71-25    skills) for preemployment purposes, if the person does not perform

71-26    any other service that requires a license under this Act.

71-27          SECTION 51.  Section 4(e), Article 6252-13c, Revised

 72-1    Statutes, is amended to read as follows:

 72-2          (e)  Upon a licensee's felony conviction, felony community

 72-3    supervision [probation] revocation, or revocation of parole[, or

 72-4    revocation of mandatory supervision], his license shall be revoked.

 72-5          SECTION 52.  Section 1(4), Article 6252-13c.1, Revised

 72-6    Statutes, is amended to read as follows:

 72-7                (4)  "Released" means discharged or[,] paroled[, or

 72-8    placed on mandatory supervision].

 72-9          SECTION 53.  Section 2(e), Article 6252-13c.1, Revised

72-10    Statutes, is amended to read as follows:

72-11          (e)  If a person subject to registration under this article

72-12    does not move to an intended residence by the end of the seventh

72-13    day after the date on which the person is released on community

72-14    supervision or[,] parole[, or mandatory supervision] or the date on

72-15    which the person leaves a previous residence, the person shall:

72-16                (1)  report to the community supervision and

72-17    corrections department officer or the parole officer supervising

72-18    the person by not later than the seventh day after the date on

72-19    which the person is released or the date on which the person leaves

72-20    a previous residence, as applicable, and provide the officer with

72-21    the address of the person's temporary residence; and

72-22                (2)  continue to report to the person's supervising

72-23    officer not less than weekly during any period of time in which the

72-24    person has not moved to an intended residence and provide the

72-25    officer with the address of the person's temporary residence.

72-26          SECTION 54.  Section 3(a), Article 6252-13c.1, Revised

72-27    Statutes, is amended to read as follows:

 73-1          (a)  Before a person who will be subject to registration

 73-2    under this article is due to be released from a penal institution,

 73-3    an official of the penal institution shall:

 73-4                (1)  inform the person that:

 73-5                      (A)  not later than the seventh day after the

 73-6    date on which the person is released on community supervision or[,]

 73-7    parole[, or mandatory supervision] or the date on which the person

 73-8    moves from a previous residence to a new residence in this state,

 73-9    the person must:

73-10                            (i)  register or verify registration with

73-11    the local law enforcement authority in the municipality or county

73-12    in which the person intends to reside; or

73-13                            (ii)  if the person has not moved to an

73-14    intended residence, report to the community supervision and

73-15    corrections department officer or the parole officer supervising

73-16    the person;

73-17                      (B)  not later than the seventh day before the

73-18    date on which the person moves to a new residence in this state or

73-19    another state, the person must report in person to the local law

73-20    enforcement authority with whom the person last registered and to

73-21    the community supervision and corrections department officer or the

73-22    parole officer supervising the person; and

73-23                      (C)  not later than the 10th day after the date

73-24    on which the person arrives in another state in which the person

73-25    intends to reside, the person must register with the law

73-26    enforcement agency that is identified by the department as the

73-27    agency designated by that state to receive registration

 74-1    information, if the other state has a registration requirement for

 74-2    sex offenders;

 74-3                (2)  require the person to sign a written statement

 74-4    that the person was informed of the person's duties as described by

 74-5    Subdivision (1) of this subsection or, if the person refuses to

 74-6    sign the statement, certify that the person was so informed;

 74-7                (3)  obtain the address where the person expects to

 74-8    reside on the person's release and other registration information,

 74-9    including a photograph and complete set of fingerprints; and

74-10                (4)  complete the registration form for the person.

74-11          SECTION 55.  (a)  The change in law made by this Act applies

74-12    only to an inmate who on or after the effective date of this Act is

74-13    imprisoned while serving a sentence for an offense, regardless of

74-14    whether the offense is committed before, on, or after the effective

74-15    date of this Act.

74-16          (b)  An inmate who is released from imprisonment before the

74-17    effective date of this Act is covered by the law in effect

74-18    immediately before the effective date of this Act, and the former

74-19    law is continued in effect for this purpose.

74-20          SECTION 56.  This Act takes effect September 1, 1997.

74-21          SECTION 57.  The importance of this legislation and the

74-22    crowded condition of the calendars in both houses create an

74-23    emergency and an imperative public necessity that the

74-24    constitutional rule requiring bills to be read on three several

74-25    days in each house be suspended, and this rule is hereby suspended.