HBA-DMD, NMO H.B. 261 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 261 By: Allen Corrections 10/19/1999 Enrolled BACKGROUND AND PURPOSE Prior to the 76th Legislature, Texas law required the Texas Department of Criminal Justice (department) to penalize an inmate by deducting good conduct time if the inmate filed a frivolous or malicious lawsuit. Prior to the 76th Legislature, county jails did not have this authority. H.B. 261 authorizes counties to forward information to the department pertaining to a frivolous or malicious lawsuit filed by an inmate upon transfer of that inmate to the department. 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 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 (department) under this article to deliver to an officer designated by the department, a certified copy of a final order of a state or federal court that dismisses a frivolous or malicious lawsuit brought by the inmate while the inmate was confined in the county jail awaiting transfer to the department following the conviction of a felony or revocation of community supervision, parole, or mandatory supervision. Authorizes the county to deliver the copy of the order to the department at the time of, or at any time after, the transfer. SECTION 2. Amends Section 5, Article 42.032, Code of Criminal Procedure, to provide that any part or all of the commutation accrued under this article (Good Conduct) may be forfeited and taken away by the sheriff if 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 the defendant was in the custody of the sheriff. SECTION 3. Amends Section 498.0045(a), Government Code, to make a conforming change. SECTION 4. Makes application of Section 498.0045(a), Government Code, prospective. SECTION 5.Emergency clause. Effective date: upon passage.