HBA-DMD H.B. 117 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 117 By: Keel County Affairs 2/5/1999 Introduced BACKGROUND AND PURPOSE Currently, there are no sanctions against inmates who file frivolous lawsuits in county correctional facilities, only in federal and state penal facilities. A sheriff is currently authorized to forfeit all or part of an inmate's good time credits for certain violations, such as escaping or attempting to escape. H.B. 117 authorizes a sheriff to forfeit all or part of an inmate's good conduct time upon receiving notification that an inmate's lawsuit has been dismissed as frivolous or malicious. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 5, Article 42.032, Code of Criminal Procedure, to authorize the forfeiture of any part or all of the commutation accrued by an inmate when the sheriff receives a certified copy of a final order of a state or federal court that dismisses a frivolous or malicious lawsuit brought by a defendant while in the custody of the sheriff. Creates Subsection (1) from existing text. SECTION 2. Makes application of this Act prospective. SECTION 3. Emergency clause. Effective date: upon passage.