By Duncan                                        S.B. No. 630

      75R4066 GWK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to requiring the state to reimburse counties for the costs

 1-3     of confining certain state inmates.

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

 1-5           SECTION 1.  Article 104.002, Code of Criminal Procedure, is

 1-6     amended by adding Subsection (e) to read as follows:

 1-7           (e)  A county that confines in the county jail an inmate who

 1-8     is the subject of a warrant issued under Section 13, Article 42.18,

 1-9     or an inmate who is awaiting transfer to the Texas Department of

1-10     Criminal Justice after a determination by a parole panel or a

1-11     designee of the Board of Pardons and Paroles under Section 14,

1-12     Article 42.18, is entitled to receive compensation from the state

1-13     for each day the inmate is confined in the county jail, other than

1-14     the first 10 days after the date on which the county informs the

1-15     department that the inmate is confined in the jail.  On the first

1-16     day of each quarter of a county's fiscal year, the county judge

1-17     shall certify to the comptroller of public accounts each inmate

1-18     and, for each inmate, the number of days during the preceding

1-19     fiscal quarter for which the county is entitled to compensation

1-20     under this subsection.  The comptroller shall issue to the

1-21     commissioners court of the county a warrant in an amount computed

1-22     for the preceding fiscal quarter by multiplying the average daily

1-23     inmate cost by the total number of days certified by the county

1-24     judge for all inmates or, if the comptroller determines that the

 2-1     total number of days certified by the county judge is inaccurate,

 2-2     by the total number of days determined by the comptroller to be an

 2-3     accurate statement of days to which the county is entitled to

 2-4     compensation.  In this subsection, "average daily inmate cost"

 2-5     means the average cost per day, as determined by the Criminal

 2-6     Justice Policy Council, for imprisonment of an inmate in the

 2-7     institutional division of the Texas Department of Criminal Justice

 2-8     during the calendar quarter preceding the date on which the

 2-9     comptroller receives certification from the county judge.

2-10           SECTION 2.  A county is entitled to compensation from the

2-11     state under Article 104.002(e), Code of Criminal Procedure, as

2-12     added by this Act, only for the confinement of inmates on or after

2-13     the effective date of this Act.

2-14           SECTION 3.  The importance of this legislation and the

2-15     crowded condition of the calendars in both houses create an

2-16     emergency and an imperative public necessity that the

2-17     constitutional rule requiring bills to be read on three several

2-18     days in each house be suspended, and this rule is hereby suspended,

2-19     and that this Act take effect and be in force from and after its

2-20     passage, and it is so enacted.