SRC-ARR, SLL H.B. 261 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 261
By: Allen (Armbrister)
Criminal Justice
5/12/1999
Engrossed


DIGEST 

Currently, Texas law requires the Texas Department of Criminal Justice
(TDCJ) to penalize an inmate by deducting good conduct time if the inmate
files a frivolous or malicious lawsuit.  County jails do not have this
authority.  H.B. 261 authorizes counties to forward information to TDCJ
pertaining to a frivolous or malicious lawsuit filed by an inmate upon
transfer of that inmate to TDCJ.  

PURPOSE

As proposed, H.B. 261 authorizes counties to forward information to the
Texas Department of Criminal Justice (TDCJ) pertaining to a frivolous or
malicious lawsuit filed by an inmate upon transfer of that inmate to TDCJ.  

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 42.09, Code of Criminal Procedure, by adding
Section 9, as follows: 

Sec. 9.  Authorizes a county that transfers a defendant to the Texas
Department of Criminal Justice (TDCJ) under this article to deliver to
certain officers a certified copy of certain final orders of a state or
federal court.  Authorizes the county to deliver the copy to TDCJ at the
time of the transfer of the inmate or at any time after the transfer of the
inmate. 

SECTION 2.  (a) Amends Section 5, Article 42.032, Code of Criminal
Procedure, to authorize any part or all of the commutation accrued under
this article to be forfeited and taken away by the sheriff on receipt of a
certified copy of certain final orders of a state or federal court. 

(b) Makes application of Section 5, Article 42.032, Code of Criminal
Procedure, as amended by this section, prospective. 

SECTION 3.  Amends Section 498.0045(a), Government Code, to redefine "final
order." 

SECTION 4.  Makes application of SECTION 3, as amended by this Act,
prospective. 

SECTION 5.  Emergency clause.
            Effective date: upon passage.