SRC-DPW H.B. 1318 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 1318
76R2992 PEP-FBy: Lengefeld (Armbrister)
Criminal Justice
5/3/1999
Engrossed


DIGEST 

Currently, under Texas law, any money held by an inmate when the inmate
enters an institutional division is placed in a trust fund, the funds of
which are authorized to be disbursed with a claim for funds without going
through probate if the amount is not in excess of $100.  This bill would
increase the amount for which a person can submit a claim for funds without
going through probate,  authorize the Texas Department of Criminal Justice
to manage money held by inmates, and establish procedures for managing the
money. 

PURPOSE

As proposed, H.B. 1318 authorizes the Texas Department of Criminal Justice
to manage money held by inmates and establishes procedures for managing the
money. 

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 Sections 501.014(a), (b), (c), (d), (f), and (g),
Government Code, to require the Texas Department of Criminal Justice (TDCJ)
to take possession of all money that is received with the inmate when the
inmate arrives at a facility to be admitted to the custody of TDCJ, rather
than operated by the institutional division, and all money the inmate
receives during confinement, rather than after arriving at a facility
operated by the division, and requires TDCJ to credit the money to an
account, rather than a trust fund, created for the inmate.  Authorizes TDCJ
to spend money from an inmate account as required by law or policy subject
to restrictions on the expenditure established by law or policy.  Requires
TDCJ to give notice of an account established under Subsection (a) to a
beneficiary or known relative of an inmate who has died  while confined in
a facility under contract with TDCJ, rather than requiring an institutional
division to give such notice to the nearest known relative of an escaped or
discharged inmate.  Sets forth procedures for the payment of a deceased
inmate's money held by TDCJ.  Provides that an inmate who escapes or
attempts to escape from custody forfeits to TDCJ all of the money held in
the inmate's account.  Authorizes TDCJ to place a hold on money, rather
than funds, in an inmate's account to recover money the inmate owes TDCJ
for indigent supplies, medical copayments, destruction of state property,
or other indebtness.  Makes conforming changes. 

SECTION 2. Amends Section 501.014(e), Government Code, as amended by
Chapters 807 and 1409, Acts of the 75th Legislature, Regular Session, 1997,
to make conforming changes. 

SECTION 3. Effective date: September 1, 1999.

SECTION 4. Emergency clause.