76R7245 GWK-D By Allen, et al. H.B. No. 636 Substitute the following for H.B. No. 636: By Allen C.S.H.B. No. 636 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the procedure by which an inmate imprisoned in the 1-3 Texas Department of Criminal Justice may resolve a conflict over 1-4 time-served credits for time spent confined before transfer to the 1-5 department. 1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-7 SECTION 1. Subchapter A, Chapter 501, Government Code, is 1-8 amended by adding Section 501.0081 to read as follows: 1-9 Sec. 501.0081. DISPUTE RESOLUTION: TIME-SERVED CREDITS. 1-10 (a) The department shall develop a system that allows resolution 1-11 of a complaint by an inmate who alleges that time credited on the 1-12 inmate's sentence is in error and does not accurately reflect the 1-13 amount of time-served credit to which the inmate is entitled. 1-14 (b) Except as provided by Subsection (c), an inmate may not 1-15 in an application for a writ of habeas corpus under Article 11.07, 1-16 Code of Criminal Procedure, raise as a claim a time-served credit 1-17 error until: 1-18 (1) the inmate receives a written decision issued by 1-19 the highest authority provided for in the resolution system; or 1-20 (2) if the inmate has not received a written decision 1-21 described by Subdivision (1), the 180th day after the date on which 1-22 under the resolution system the inmate first alleges the 1-23 time-served credit error. 1-24 (c) Subsection (b) does not apply to an inmate who, 2-1 according to the department's computations, is within 180 days of 2-2 the inmate's presumptive parole date, date of release on mandatory 2-3 supervision, or date of discharge. An inmate described by this 2-4 subsection may raise a claim of time-served credit error by filing 2-5 a complaint under the system described by Subsection (a), or if an 2-6 application for a writ of habeas corpus is not otherwise barred, by 2-7 raising the claim in that application. 2-8 SECTION 2. The change in law made by this Act applies only 2-9 to a claim made on or after January 1, 2000, that alleges a 2-10 time-served credit error, as described by Section 501.0081, 2-11 Government Code, as added by this Act. A claim made before January 2-12 1, 2000, that alleges a time-served credit error, is covered by the 2-13 law in effect when the claim is made, and the former law is 2-14 continued in effect for this purpose. 2-15 SECTION 3. The importance of this legislation and the 2-16 crowded condition of the calendars in both houses create an 2-17 emergency and an imperative public necessity that the 2-18 constitutional rule requiring bills to be read on three several 2-19 days in each house be suspended, and this rule is hereby suspended, 2-20 and that this Act take effect and be in force from and after its 2-21 passage, and it is so enacted.