By Lengefeld H.B. No. 1318
76R2992 PEP-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of the Texas Department of Criminal
1-3 Justice to manage inmate money and to the procedures for managing
1-4 inmate money.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Sections 501.014(a), (b), (c), (d), (f), and (g),
1-7 Government Code, are amended to read as follows:
1-8 (a) The department [institutional division] shall take
1-9 possession of all money that an inmate has on the inmate's person
1-10 or that is received with the inmate when the inmate arrives at a
1-11 facility to be admitted to the custody of the department [operated
1-12 by the institutional division] and all money the inmate receives at
1-13 the department during confinement [after arriving at a facility
1-14 operated by the division] and shall credit the money to an account
1-15 [a trust fund] created for the inmate. [The institutional division
1-16 shall carefully search an inmate when the inmate arrives at a
1-17 facility operated by the division.] The department [institutional
1-18 division] may spend money from an inmate account [a trust fund] on
1-19 the written order of the inmate in whose name the account [fund]
1-20 is established or as required by law or policy subject to
1-21 restrictions on the expenditure established by law or policy. The
1-22 department shall ensure that each facility operated by or under
1-23 contract with the department shall operate an account [a trust
1-24 fund] system that complies with this section, but the department is
2-1 not required to operate a separate account [trust fund] system for
2-2 or at each facility.
2-3 (b) If an inmate with money in an account [a trust fund]
2-4 established under Subsection (a) dies while confined in a facility
2-5 operated by or under contract with the department [institutional
2-6 division or escapes or is discharged and does not claim the money],
2-7 the department [institutional division] shall attempt to give
2-8 notice of the account [fund to the discharged inmate or] to a [the]
2-9 beneficiary or [nearest] known relative of the [a] deceased[,
2-10 escaped, or discharged] inmate. On the presentation of a notarized
2-11 claim to the department for the money by a person entitled to the
2-12 notice, the department may [institutional division shall] pay any
2-13 amount not exceeding $2,500 of the deceased inmate's money held by
2-14 the department to the claimant. A claim for money in excess of
2-15 $2,500 must be made under Section 137, Probate Code, or another
2-16 law, as applicable. The department is not liable for making a
2-17 payment or failing to make a payment under this subsection.
2-18 (c) If money is unclaimed two years after the department
2-19 [institutional division] gives or attempts to give notice under
2-20 Subsection (b), or two years after the date of the death of an
2-21 inmate whose beneficiary or [nearest] relative is unknown, the
2-22 executive director, or the executive director's designee, [of the
2-23 institutional division] shall make an affidavit stating that the
2-24 money in the inmate account is unclaimed and send the affidavit and
2-25 money to the comptroller.
2-26 (d) An inmate who escapes or attempts to escape from the
2-27 custody of the department forfeits to the department all of the
3-1 money held by the department in the inmate's account at the time
3-2 of the escape or attempted escape. Money forfeited to the
3-3 comptroller under Subsection (c) escheats to the state.
3-4 (f) The department may place a hold on money [funds] in or
3-5 withdraw money [funds] from an inmate [trust fund] account:
3-6 (1) to restore amounts withdrawn by the inmate against
3-7 uncollected money [funds];
3-8 (2) to correct accounting errors;
3-9 (3) to make restitution for wrongful withdrawals made
3-10 by an inmate from the account [trust fund] of another inmate;
3-11 (4) to cover deposits until cleared;
3-12 (5) as directed by court order in accordance with
3-13 Subsection (e);
3-14 (6) as part of an investigation by the department of
3-15 inmate conduct involving the use of the account [trust funds] or an
3-16 investigation in which activity or money in the inmate's account
3-17 [trust fund] is evidence; [or]
3-18 (7) to transfer money [funds] deposited in violation
3-19 of law or department policy; or
3-20 (8) to recover money the inmate owes the department
3-21 for indigent supplies, medical copayments, destruction of state
3-22 property, or other indebtedness.
3-23 (g) The department shall withdraw money from an inmate's
3-24 account [trust fund] under Subsection (e) before the department
3-25 applies a deposit to that account [fund] toward any unpaid balance
3-26 owed to the department by the inmate under Section 501.061.
3-27 SECTION 2. Section 501.014(e), Government Code, as amended
4-1 by Chapters 807 and 1409, Acts of the 75th Legislature, Regular
4-2 Session, 1997, is reenacted and amended to read as follows:
4-3 (e) On notification by a court, the department shall
4-4 withdraw from an inmate's [trust fund] account any amount the
4-5 inmate is ordered to pay by order of the court under this
4-6 subsection. The department shall make a payment under this
4-7 subsection as ordered by the court to either the court or the party
4-8 specified in the court order. The department is not liable for
4-9 withdrawing or failing to withdraw money or making payments or
4-10 failing to make payments under this subsection. The department
4-11 shall make withdrawals and payments from an inmate's [trust fund]
4-12 account under this subsection according to the following schedule
4-13 of priorities:
4-14 (1) as payment in full for all orders for child
4-15 support;
4-16 (2) as payment in full for all orders for restitution;
4-17 (3) as payment in full for all orders for
4-18 reimbursement of the Texas Department of Human Services for
4-19 financial assistance provided for the child's health needs under
4-20 Chapter 31, Human Resources Code, to a child of the inmate;
4-21 (4) [(3)] as payment in full for all orders for court
4-22 fees and costs;
4-23 (5) [(4)] as payment in full for all orders for fines;
4-24 and
4-25 (6) [(5)] as payment in full for any other court
4-26 order, judgment, or writ.
4-27 SECTION 3. This Act takes effect September 1, 1999.
5-1 SECTION 4. The importance of this legislation and the
5-2 crowded condition of the calendars in both houses create an
5-3 emergency and an imperative public necessity that the
5-4 constitutional rule requiring bills to be read on three several
5-5 days in each house be suspended, and this rule is hereby suspended.