By:  Brown                                             S.B. No. 673

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to garnishment of money held in an inmate trust fund.

 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-3           SECTION 1.  Chapter 63, Civil Practice and Remedies Code, is

 1-4     amended by adding Section 63.006 to read as follows:

 1-5           Sec. 63.006.  GARNISHMENT OF FUNDS HELD IN INMATE TRUST FUND.

 1-6     (a)  A writ of garnishment may be issued against an inmate trust

 1-7     fund held under the authority of the Texas Department of Criminal

 1-8     Justice under Section 501.014, Government Code, to encumber money

 1-9     that is held for the benefit of an inmate in the fund.

1-10           (b)  The state's sovereign immunity to suit is waived only to

1-11     the extent necessary to authorize a garnishment action in

1-12     accordance with this section.

1-13           SECTION 2.  This Act applies only to a writ of garnishment

1-14     issued  against an inmate trust fund on or after the effective date

1-15     of this Act.  A writ of garnishment issued against an inmate trust

1-16     fund before the effective date of this Act is governed by the law

1-17     as it existed before the effective date of this Act, and that law

1-18     is continued in effect for this purpose.

1-19           SECTION 3.  This Act takes effect September 1, 1997.

1-20           SECTION 4.  The importance of this legislation and the

1-21     crowded condition of the calendars in both houses create an

1-22     emergency and an imperative public necessity that the

1-23     constitutional rule requiring bills to be read on three several

 2-1     days in each house be suspended, and this rule is hereby suspended.