76R7714 PEP-D                           
         By Cuellar, Solomons, Siebert, Culberson, et al.        H.B. No. 49
         Substitute the following for H.B. No. 49:
         By Ellis                                            C.S.H.B. No. 49
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to a misdemeanant's liability for the cost of confinement
 1-3     in a county jail.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 42, Code of Criminal Procedure, is
 1-6     amended by adding Article 42.038 to read as follows:
 1-7           Art. 42.038.  REIMBURSEMENT FOR CONFINEMENT EXPENSES.  (a)
 1-8     In addition to any fine, cost, or fee authorized by law, a court
 1-9     that sentences a defendant convicted of a misdemeanor to serve a
1-10     term of confinement in county jail and orders execution of the
1-11     sentence may require the defendant to reimburse the county for the
1-12     defendant's confinement at a rate of $30 a day.
1-13           (b)  A court that requires a defendant convicted of a
1-14     misdemeanor or placed on deferred adjudication for a misdemeanor to
1-15     submit to a period of confinement in county jail as a condition of
1-16     community supervision may also require as a condition of community
1-17     supervision that the defendant reimburse the county for the
1-18     defendant's confinement, with the amount of reimbursement
1-19     determined as if the defendant were serving an executed sentence.
1-20           (c)  A court that requires reimbursement under this article
1-21     may require the defendant to reimburse the county only for those
1-22     days the defendant is confined after the date of conviction or on
1-23     which a plea of guilty or nolo contendere was entered.  The court
1-24     may not require a defendant to reimburse the county for those days
 2-1     the defendant was confined after arrest and before the date of
 2-2     conviction or on which the plea of guilty or nolo contendere was
 2-3     entered.
 2-4           (d)  The court, in determining whether to order reimbursement
 2-5     under this article, shall consider:
 2-6                 (1)  the defendant's employment status, earning
 2-7     ability, and financial resources; and
 2-8                 (2)  any other special circumstances that may affect
 2-9     the defendant's ability to pay, including any financial
2-10     responsibilities owed by the defendant to dependents or restitution
2-11     payments owed by the defendant to a victim.
2-12           (e)  On the day on which a defendant who is required to
2-13     reimburse the county under this article discharges an executed
2-14     sentence of confinement or completes the period of confinement
2-15     required as a condition of community supervision, the sheriff shall
2-16     present to the defendant a bill computed by multiplying the daily
2-17     rate of $30 times the number of days the defendant was confined in
2-18     the county jail, not counting the day on which the execution of the
2-19     sentence or the period of confinement began.  For purposes of this
2-20     subsection, a defendant who is confined in county jail for only a
2-21     portion of a day is nonetheless considered to have been confined
2-22     for the whole day.
2-23           (f)  The court may require a defendant to reimburse the
2-24     county under this article by paying to the sheriff the bill
2-25     presented by the sheriff within a specified period or in specified
2-26     installments.  The end of the period or the last installment may
2-27     not be later than:
 3-1                 (1)  the end of the period of community supervision, if
 3-2     community supervision is ordered; or
 3-3                 (2)  the fifth anniversary of the last day of the term
 3-4     of confinement, if the court does not order community supervision.
 3-5           SECTION 2.  Section 2(b), Article 42.22, Code of Criminal
 3-6     Procedure, is amended to read as follows:
 3-7           (b)  The state also has a restitution lien to secure the:
 3-8                 (1)  amount of fines or costs entered against a
 3-9     defendant in the judgment in a felony criminal case; and
3-10                 (2)  amount of reimbursement for costs of confinement
3-11     ordered under Article 42.038.
3-12           SECTION 3.  (a)  The change in law made by this Act applies
3-13     only to reimbursement for a day on or after the effective date of
3-14     this Act during which a defendant is confined in county jail.
3-15           (b)  Reimbursement for a day before the effective date of
3-16     this Act during which the defendant is confined in county jail is
3-17     covered by the law in effect on the day of confinement, and the
3-18     former law is continued in effect for that purpose.
3-19           SECTION 4.  This Act takes effect September 1, 1999.
3-20           SECTION 5.  The importance of this legislation and the
3-21     crowded condition of the calendars in both houses create an
3-22     emergency and an imperative public necessity that the
3-23     constitutional rule requiring bills to be read on three several
3-24     days in each house be suspended, and this rule is hereby suspended.