By Allen, Keel, Jones of Brazos, Culberson             H.B. No. 261
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the forfeiture of good conduct time of an inmate who
 1-3     files a frivolous or malicious lawsuit while confined in county
 1-4     jail awaiting transfer to the Texas Department of Criminal Justice.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Article 42.09, Code of Criminal Procedure, is
 1-7     amended by adding Section 9 to read as follows:
 1-8           Sec. 9.  A county that transfers a defendant to the Texas
 1-9     Department of Criminal Justice under this article may deliver to an
1-10     officer designated  by the department a certified copy of a final
1-11     order of a state or federal court that dismisses as frivolous or
1-12     malicious a lawsuit brought by the inmate while the inmate was
1-13     confined in the county jail awaiting transfer to the department
1-14     following conviction of a felony or revocation of community
1-15     supervision, parole, or mandatory supervision.  The county may
1-16     deliver the copy to the department at the time of the transfer of
1-17     the inmate or at any time after the transfer of the inmate.
1-18           SECTION 2.  (a)  Section 5, Article 42.032, Code of Criminal
1-19     Procedure, is amended to read as follows:
1-20           Sec. 5.  Any part or all of the commutation accrued under
1-21     this article may be forfeited and taken away by the sheriff:
1-22                 (1)  for a sustained charge of misconduct in violation
1-23     of any rule known to the defendant, including escape or attempt to
1-24     escape, if the sheriff has complied with discipline proceedings as
 2-1     approved by the Commission on Jail Standards; or
 2-2                 (2)  on receipt by the sheriff of a certified copy of a
 2-3     final order of a state or federal court that dismisses as frivolous
 2-4     or malicious a lawsuit brought by a defendant while the defendant
 2-5     was in the custody of the sheriff.
 2-6           (b)  Section 5, Article 42.032, Code of Criminal Procedure,
 2-7     as amended by this section, applies only to a forfeiture of
 2-8     commutation of time for good conduct based on the filing in court
 2-9     of a lawsuit on or after the effective date of this Act.
2-10           SECTION 3.  Section 498.0045(a), Government Code, is amended
2-11     to read as follows:
2-12           (a)  In this section, "final order" means a certified copy of
2-13     a final order of a state or federal court that dismisses as
2-14     frivolous or malicious a lawsuit brought by an inmate while the
2-15     inmate was in the custody of the department or confined in county
2-16     jail awaiting transfer to the department following conviction of a
2-17     felony or revocation  of community supervision, parole, or
2-18     mandatory supervision.
2-19           SECTION 4.  The amendment made by Section 3 of this Act to
2-20     Section 498.0045, Government Code, applies only to a forfeiture of
2-21     good conduct time based on the filing in court of a lawsuit on or
2-22     after the effective date of this Act.
2-23           SECTION 5.  The importance of this legislation and the
2-24     crowded condition of the calendars in both houses create an
2-25     emergency and an imperative public necessity that the
2-26     constitutional rule requiring bills to be read on three several
2-27     days in each house be suspended, and this rule is hereby suspended,
 3-1     and that this Act take effect and be in force from and after its
 3-2     passage, and it is so enacted.