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.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 261 was passed by the House on May 6,
1999, by the following vote: Yeas 139, Nays 0, 1 present, not
voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 261 was passed by the Senate on May
26, 1999, by the following vote: Yeas 29, Nays 1.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor