75R10978 DLF-D
By Brown S.B. No. 673
Substitute the following for S.B. No. 673:
By Hightower C.S.S.B. No. 673
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to money held in an inmate trust fund account.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 63, Civil Practice and Remedies Code, is
1-5 amended by adding Section 63.006 to read as follows:
1-6 Sec. 63.006. GARNISHMENT OF FUNDS HELD IN INMATE TRUST FUND
1-7 ACCOUNT. (a) A writ of garnishment may be issued against an
1-8 inmate trust fund account held under the authority of the Texas
1-9 Department of Criminal Justice under Section 501.014, Government
1-10 Code, to encumber money that is held for the benefit of an inmate
1-11 in the fund.
1-12 (b) The state's sovereign immunity to suit is waived only to
1-13 the extent necessary to authorize a garnishment action in
1-14 accordance with this section.
1-15 SECTION 2. Sections 501.014(e) and (f), Government Code, are
1-16 amended to read as follows:
1-17 (e) On notification by a court, the department
1-18 [institutional division] shall withdraw from an inmate's trust fund
1-19 account any amount the inmate is ordered to pay by order of the
1-20 court under this subsection [for child support, restitution, fines,
1-21 and court costs]. The department [institutional division] shall
1-22 make a payment under this subsection as ordered by the court to
1-23 either the court or the party specified in the court order. The
1-24 [institutional division and the] department is [are] not liable for
2-1 withdrawing or failing to withdraw money or making payments or
2-2 failing to make payments under this subsection. The department
2-3 [institutional division] shall make withdrawals and payments from
2-4 an inmate's trust fund account under this subsection according to
2-5 the following schedule of priorities:
2-6 (1) as payment in full for all orders for child
2-7 support;
2-8 (2) as payment in full for all orders for restitution;
2-9 (3) as payment in full for all orders for court fees
2-10 and costs [fines]; [and]
2-11 (4) as payment in full for all orders for fines; and
2-12 (5) as payment in full for any other court order,
2-13 judgment, or writ [court costs].
2-14 (f) The department [institutional division] may place a hold
2-15 on funds in or withdraw funds from an inmate trust fund account:
2-16 (1) to restore amounts withdrawn by the inmate against
2-17 uncollected funds;
2-18 (2) to correct accounting errors;
2-19 (3) to make restitution for wrongful withdrawals made
2-20 by an inmate from the trust fund of another inmate;
2-21 (4) to cover deposits until cleared;
2-22 (5) as directed by court order in accordance with
2-23 Subsection (e); [or]
2-24 (6) as part of an investigation by the department of
2-25 inmate conduct involving the use of trust funds or an investigation
2-26 in which activity in the trust fund is evidence; or
2-27 (7) to transfer funds deposited in violation of law or
3-1 department policy.
3-2 SECTION 3. Section 63.006, Civil Practice and Remedies Code,
3-3 as added by this Act, applies only to a writ of garnishment issued
3-4 against an inmate trust fund account on or after the effective date
3-5 of this Act. A writ of garnishment issued against an inmate trust
3-6 fund account before the effective date of this Act is governed by
3-7 the law as it existed before the effective date of this Act, and
3-8 that law is continued in effect for that purpose.
3-9 SECTION 4. This Act takes effect September 1, 1997.
3-10 SECTION 5. The importance of this legislation and the
3-11 crowded condition of the calendars in both houses create an
3-12 emergency and an imperative public necessity that the
3-13 constitutional rule requiring bills to be read on three several
3-14 days in each house be suspended, and this rule is hereby suspended.