By Keel H.B. No. 117
76R2003 GWK-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the forfeiture of commutation of time for good conduct
1-3 by an inmate of a county jail who files a frivolous or malicious
1-4 lawsuit.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 5, Article 42.032, Code of Criminal
1-7 Procedure, is amended to read as follows:
1-8 Sec. 5. Any part or all of the commutation accrued under
1-9 this article may be forfeited and taken away by the sheriff:
1-10 (1) for a sustained charge of misconduct in violation
1-11 of any rule known to the defendant, including escape or attempt to
1-12 escape, if the sheriff has complied with discipline proceedings as
1-13 approved by the Commission on Jail Standards; or
1-14 (2) on receipt by the sheriff of a certified copy of a
1-15 final order of a state or federal court that dismisses as frivolous
1-16 or malicious a lawsuit brought by a defendant while the defendant
1-17 was in the custody of the sheriff.
1-18 SECTION 2. Section 5, Article 42.032, Code of Criminal
1-19 Procedure, as amended by this Act, applies only to a forfeiture of
1-20 commutation of time for good conduct based on the filing in court
1-21 of a lawsuit on or after the effective date of this Act.
1-22 SECTION 3. The importance of this legislation and the
1-23 crowded condition of the calendars in both houses create an
1-24 emergency and an imperative public necessity that the
2-1 constitutional rule requiring bills to be read on three several
2-2 days in each house be suspended, and this rule is hereby suspended,
2-3 and that this Act take effect and be in force from and after its
2-4 passage, and it is so enacted.