By Brown                                         S.B. No. 673

      75R5878 DLF-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to garnishment of money held in an inmate trust fund.

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

 1-8     fund held under the authority of the Texas Department of Criminal

 1-9     Justice under Section 501.014, Government Code, to encumber money

1-10     that is held for the benefit of an inmate in the fund.

1-11           (b)  The state's sovereign immunity to suit is waived only to

1-12     the extent necessary to authorize a garnishment action in

1-13     accordance with this section.

1-14           SECTION 2.  This Act applies only to a writ of garnishment

1-15     issued  against an inmate trust fund on or after the effective date

1-16     of this Act.  A writ of garnishment issued against an inmate trust

1-17     fund before the effective date of this Act is governed by the law

1-18     as it existed before the effective date of this Act, and that law

1-19     is continued in effect for this purpose.

1-20           SECTION 3.  This Act takes effect September 1, 1997.

1-21           SECTION 4.  The importance of this legislation and the

1-22     crowded condition of the calendars in both houses create an

1-23     emergency and an imperative public necessity that the

1-24     constitutional rule requiring bills to be read on three several

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