HBA-NMO H.B. 261 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 261
By: Allen
Corrections
2/9/1999
Introduced



BACKGROUND AND PURPOSE 

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. 

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 as frivolous or malicious
a 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 anytime after, the transfer. 

SECTION 2.  Amends Section 498.0045(a), Government Code, to make a
conforming change. 

SECTION 3.  Makes application of Section 498.0045(a), Government Code,
prospective. 

SECTION 4.  Emergency clause.
            Effective date: upon passage.