HBA-RBT H.B. 49 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 49 By: Cuellar Corrections 2/18/1999 Introduced BACKGROUND & PURPOSE Operating and maintaining jails is a costly endeavor, falling on state and county taxpayers. Currently, inmates are not liable for the cost of their incarceration in the Institutional Division of the Texas Department of Criminal Justice or in a county jail. H.B. 49 makes these inmates responsible for the cost of their food, housing, and any program in which the inmate participates. This measure allows the correctional authority the latitude to enter into an agreement with the inmate to allow the inmate to work off the costs through community service, work after release, or to waive the costs entirely. It also requires the Texas Board of Criminal Justice and the various commissioners courts to adopt rules to implement this Act. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Board of Criminal Justice in SECTION 1 (Section 501.0171, Government Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter A, Chapter 501, Government Code, by adding Section 501.0171, as follows: Sec. 501.0171. INMATE'S LIABILITY FOR COST OF CONFINEMENT. Provides that an inmate of the Institutional Division of the Texas Department of Criminal Justice (institutional division) is liable for the cost of the inmate's confinement, including the cost of food, housing, and any program in which the inmate participates. Authorizes the institutional division to enter into an agreement with an inmate to allow the inmate to perform community service or work in exchange for all or part of the cost. Authorizes the institutional division to waive an inmate's liability for the cost of confinement, if the institutional division determines that it is in the best interest of the inmate and the public. Requires the Texas Board of Criminal Justice to adopt rules necessary to implement this Chapter. SECTION 2. Amends Section 104.002, Code of Criminal Procedure, by adding Subsection (e), as follows: Sec. 104.002. Requires a county to require an inmate to pay for the cost of the inmate's confinement, including food, housing and any programs in which the inmate participates. Authorizes the county to enter into an agreement with an inmate to allow the inmate to perform community service or work in exchange for all or part of the cost. Authorizes a county to waive an inmate's liability for the cost of confinement, if the county determines that it is in the best interest of the inmate and the public. Requires the commissioners court to adopt rules necessary to implement this subsection. SECTION 3. Makes application of this Act prospective. SECTION 4. Effective date: September 1,1999. SECTION 5. Emergency clause.