By Allen, Keel                                         H.B. No. 261
         76R1769 GWK-D                           
                                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.  Section 498.0045(a), Government Code, is amended
1-19     to read as follows:     
1-20           (a)  In this section, "final order" means a certified copy of
1-21     a final order of a state or federal court that dismisses as
1-22     frivolous or malicious a lawsuit brought by an inmate while the
1-23     inmate was in the custody of the department or confined in county
1-24     jail awaiting transfer to the department following conviction of a
 2-1     felony or revocation  of community supervision, parole, or
 2-2     mandatory supervision.
 2-3           SECTION 3.  The amendment made by Section 2 of this Act to
 2-4     Section 498.0045, Government Code, applies only to a forfeiture of
 2-5     good conduct time based on the filing in court of a lawsuit on or
 2-6     after the effective date of this Act.
 2-7           SECTION 4.  The importance of this legislation and the
 2-8     crowded condition of the calendars in both houses create an
 2-9     emergency and an imperative public necessity that the
2-10     constitutional rule requiring bills to be read on three several
2-11     days in each house be suspended, and this rule is hereby suspended,
2-12     and that this Act take effect and be in force from and after its
2-13     passage, and it is so enacted.