By Talton H.B. No. 3362
76R5089 PEP-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the repeal of release to mandatory supervision and to
1-3 parole procedures applicable to certain inmates of the Texas
1-4 Department of Criminal Justice.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Sections 508.147, 508.148, and 508.149,
1-7 Government Code, are repealed.
1-8 SECTION 2. Section 508.001, Government Code, is amended to
1-9 read as follows:
1-10 Sec. 508.001. DEFINITIONS. In this chapter:
1-11 (1) "Board" means the Board of Pardons and Paroles.
1-12 (2) "Community supervision and corrections department"
1-13 means a department established under Chapter 76.
1-14 (3) "Director" means the director of the pardons and
1-15 paroles division.
1-16 (4) "Division" means the pardons and paroles division.
1-17 (5) ["Mandatory supervision" means the release of an
1-18 eligible inmate sentenced to the institutional division so that the
1-19 inmate may serve the remainder of the inmate's sentence not on
1-20 parole but under the supervision of the pardons and paroles
1-21 division.]
1-22 [(6)] "Parole" means the discretionary and conditional
1-23 release of an eligible inmate sentenced to the institutional
1-24 division so that the inmate may serve the remainder of the inmate's
2-1 sentence under the supervision of the pardons and paroles division.
2-2 (6) [(7)] "Parole officer" means a person appointed by
2-3 the director and assigned the duties of assessment of risks and
2-4 needs, investigation, case management, and supervision of releasees
2-5 to ensure that releasees are complying with the conditions of
2-6 parole [or mandatory supervision].
2-7 (7) [(8)] "Policy board" means the Board of Pardons
2-8 and Paroles Policy Board.
2-9 (8) [(9)] "Releasee" means a person released on parole
2-10 [or to mandatory supervision].
2-11 SECTION 3. Section 508.002, Government Code, is amended to
2-12 read as follows:
2-13 Sec. 508.002. CLEMENCY, COMMUTATION DISTINGUISHED. Parole
2-14 [Neither parole nor mandatory supervision] is not a commutation of
2-15 sentence or any other form of clemency.
2-16 SECTION 4. Sections 508.044(b), (c), and (d), Government
2-17 Code, are amended to read as follows:
2-18 (b) In addition to performing the duties imposed on the
2-19 board by the Texas Constitution, board members shall determine:
2-20 (1) which inmates are to be released on parole;
2-21 (2) conditions of parole [or mandatory supervision];
2-22 (3) which releasees may be released from supervision
2-23 and reporting; and
2-24 (4) the revocation of parole [or mandatory
2-25 supervision].
2-26 (c) The policy board shall develop and implement a policy
2-27 that clearly defines circumstances under which a board member
3-1 should disqualify himself or herself from voting on:
3-2 (1) a parole decision; or
3-3 (2) a decision to revoke parole [or mandatory
3-4 supervision].
3-5 (d) The policy board may adopt reasonable rules as the
3-6 policy board considers proper or necessary relating to:
3-7 (1) the eligibility of an inmate for release on parole
3-8 [or release to mandatory supervision];
3-9 (2) the conduct of a parole [or mandatory supervision]
3-10 hearing; or
3-11 (3) conditions to be imposed on a releasee.
3-12 SECTION 5. Sections 508.045(a) and (c), Government Code, are
3-13 amended to read as follows:
3-14 (a) Except as provided by Section 508.046, board members
3-15 shall act in panels composed of three persons each in matters of:
3-16 (1) release on parole; and
3-17 (2) [release to mandatory supervision; and]
3-18 [(3)] revocation of parole [or mandatory supervision].
3-19 (c) A parole panel may:
3-20 (1) grant, deny, or revoke parole; and
3-21 (2) [revoke mandatory supervision; and]
3-22 [(3)] conduct parole revocation hearings [and
3-23 mandatory supervision revocation hearings].
3-24 SECTION 6. Sections 508.119(a) and (i), Government Code, are
3-25 amended to read as follows:
3-26 (a) The purpose of a community residential facility is to
3-27 provide housing, supervision, counseling, personal, social, and
4-1 work adjustment training, and other programs to:
4-2 (1) releasees who are required by a parole panel as a
4-3 condition of release on parole [or to mandatory supervision] to
4-4 serve a period in a community residential facility; and
4-5 (2) releasees whose parole [or mandatory supervision]
4-6 has been continued or modified under Section 508.283 and on whom
4-7 sanctions have been imposed under that section.
4-8 (i) The notice required by Subsection (d) must clearly state
4-9 that the proposed action concerns a facility in which persons who
4-10 have been released from prison on parole [or to mandatory
4-11 supervision] are to be housed.
4-12 SECTION 7. Section 508.143, Government Code, is amended to
4-13 read as follows:
4-14 Sec. 508.143. LEGAL CUSTODY OF RELEASEE. [(a)] A releasee
4-15 while on parole is in the legal custody of the division.
4-16 [(b) A releasee while on mandatory supervision is in the
4-17 legal custody of the state.]
4-18 SECTION 8. Section 508.154, Government Code, is amended to
4-19 read as follows:
4-20 Sec. 508.154. CONTRACT ON RELEASE. (a) An inmate to be
4-21 released on parole shall be furnished a contract stating in clear
4-22 and intelligible language the conditions and rules of parole.
4-23 (b) Acceptance, signing, and execution of the contract by
4-24 the inmate to be paroled is a precondition to release on parole.
4-25 (c) [An inmate released to mandatory supervision shall be
4-26 furnished a written statement stating in clear and intelligible
4-27 language the conditions and rules of mandatory supervision.]
5-1 [(d)] A releasee while on parole [or mandatory supervision]
5-2 must be amenable to the conditions of supervision ordered by a
5-3 parole panel.
5-4 SECTION 9. Section 508.155(c), Government Code, is amended
5-5 to read as follows:
5-6 (c) The division may allow a releasee to serve the remainder
5-7 of the releasee's sentence without supervision and without being
5-8 required to report if:
5-9 (1) the releasee has been under supervision for at
5-10 least one-half of the time that remained on the releasee's sentence
5-11 when the releasee was released from imprisonment;
5-12 (2) during the period of supervision the releasee's
5-13 parole [or release to mandatory supervision] has not been revoked;
5-14 and
5-15 (3) the division determines:
5-16 (A) that the releasee has made a good faith
5-17 effort to comply with any restitution order imposed on the releasee
5-18 by a court; and
5-19 (B) that allowing the releasee to serve the
5-20 remainder of the releasee's sentence without supervision and
5-21 reporting is in the best interest of society.
5-22 SECTION 10. Section 508.181, Government Code, is amended to
5-23 read as follows:
5-24 Sec. 508.181. RESIDENCE DURING RELEASE. (a) Except as
5-25 provided by Subsections (b) and (c), a parole panel shall require
5-26 as a condition of parole [or mandatory supervision] that the
5-27 releasee reside in the county in which:
6-1 (1) the releasee resided at the time of committing the
6-2 offense for which the releasee was sentenced to the institutional
6-3 division; or
6-4 (2) the releasee committed the offense for which the
6-5 releasee was sentenced to the institutional division, if the
6-6 releasee was not a resident of this state at the time of committing
6-7 the offense.
6-8 (b) A parole panel may require a releasee to reside in a
6-9 county other than the county required under Subsection (a) to:
6-10 (1) protect the life or safety of:
6-11 (A) a victim of the releasee's offense;
6-12 (B) the releasee;
6-13 (C) a witness in the case; or
6-14 (D) any other person; or
6-15 (2) increase the likelihood of the releasee's
6-16 successful completion of parole [or mandatory supervision], because
6-17 of:
6-18 (A) written expressions of significant public
6-19 concern in the county in which the releasee would otherwise be
6-20 required to reside;
6-21 (B) the presence of family members or friends in
6-22 the other county who have expressed a willingness to assist the
6-23 releasee in successfully completing the conditions of the
6-24 releasee's parole [or mandatory supervision];
6-25 (C) the verified existence of a job offer in the
6-26 other county; or
6-27 (D) the availability of a treatment program,
7-1 educational program, or other social service program in the other
7-2 county that is not available in the county in which the releasee is
7-3 otherwise required to reside under Subsection (a).
7-4 (c) At any time after a releasee is released on parole [or
7-5 to mandatory supervision], a parole panel may modify the conditions
7-6 of parole [or mandatory supervision] to require the releasee to
7-7 reside in a county other than the county required by the original
7-8 conditions. In making a decision under this subsection, a parole
7-9 panel must consider the factors listed under Subsection (b).
7-10 (d) If a parole panel initially requires the releasee to
7-11 reside in a county other than the county required under Subsection
7-12 (a), the parole panel shall subsequently require the releasee to
7-13 reside in the county described under Subsection (a) if the
7-14 requirement that the releasee reside in the other county was based
7-15 on:
7-16 (1) the verified existence of a job offer under
7-17 Subsection (b)(2)(C) and the releasee is no longer employed or
7-18 actively seeking employment; or
7-19 (2) the availability of a treatment program,
7-20 educational program, or other social service program under
7-21 Subsection (b)(2)(D) and the releasee:
7-22 (A) no longer regularly participates in the
7-23 program as required by a condition of parole [or mandatory
7-24 supervision]; or
7-25 (B) has successfully completed the program but
7-26 has violated another condition of the releasee's parole [or
7-27 mandatory supervision].
8-1 (e) If a parole panel requires the releasee to reside in a
8-2 county other than the county required under Subsection (a), the
8-3 panel shall:
8-4 (1) state in writing the reason for the panel's
8-5 decision; and
8-6 (2) place the statement in the releasee's permanent
8-7 record.
8-8 (f) This section does not apply to a decision by a parole
8-9 panel to require a releasee to serve the period of parole [or
8-10 mandatory supervision] in another state.
8-11 (g) The division shall, on the first working day of each
8-12 month, notify the sheriff of any county in which the total number
8-13 of sex offenders under the supervision and control of the division
8-14 residing in the county exceeds 10 percent of the total number of
8-15 sex offenders in the state under the supervision and control of the
8-16 division. If the total number of sex offenders under the
8-17 supervision and control of the division residing in a county
8-18 exceeds 22 percent of the total number of sex offenders in the
8-19 state under the supervision and control of the division, a parole
8-20 panel may require a sex offender to reside in that county only as
8-21 required by Subsection (a) or for the reason stated in Subsection
8-22 (b)(2)(B). In this subsection, "sex offender" means a person who
8-23 is released on parole [or to mandatory supervision] after serving a
8-24 sentence for an offense described by Section 508.187(a).
8-25 (h) If a parole panel requires a releasee to reside in a
8-26 county other than the county required under Subsection (a), the
8-27 division shall include the reason for residency exemption in the
9-1 required notification to the sheriff of the county in which the
9-2 defendant is to reside, the chief of police of the municipality in
9-3 which the halfway house is located, and the attorney who represents
9-4 the state in the prosecution of felonies in that county.
9-5 SECTION 11. Sections 508.182(a), (b), and (f), Government
9-6 Code, are amended to read as follows:
9-7 (a) A parole panel shall require as a condition of parole
9-8 [or mandatory supervision] that a releasee pay to the division for
9-9 each month during which the releasee is under parole supervision:
9-10 (1) a parole supervision fee of $10; and
9-11 (2) an administrative fee of $8.
9-12 (b) A fee under this section applies to an inmate released
9-13 in another state who is required as a condition of the inmate's
9-14 release to report to a parole officer [or supervisor] in this state
9-15 for parole supervision.
9-16 (f) In a parole [or mandatory supervision] revocation
9-17 hearing under Section 508.281 at which it is alleged only that the
9-18 releasee failed to make a payment under this section, it is an
9-19 affirmative defense to revocation that the releasee is unable to
9-20 pay the amount as ordered by a parole panel. The releasee must
9-21 prove the affirmative defense by a preponderance of the evidence.
9-22 SECTION 12. Section 508.183, Government Code, is amended to
9-23 read as follows:
9-24 Sec. 508.183. EDUCATIONAL SKILL LEVEL. (a) A parole panel
9-25 shall require as a condition of release on parole [or release to
9-26 mandatory supervision] that an inmate demonstrate to the parole
9-27 panel whether the inmate has an educational skill level that is
10-1 equal to or greater than the average skill level of students who
10-2 have completed the sixth grade in a public school in this state.
10-3 (b) If the parole panel determines that the inmate has not
10-4 attained that skill level, the parole panel shall require as a
10-5 condition of parole [or mandatory supervision] that the inmate as a
10-6 releasee attain that level of educational skill, unless the parole
10-7 panel determines that the inmate lacks the intellectual capacity or
10-8 the learning ability to ever achieve that level of skill.
10-9 SECTION 13. Section 508.184(a), Government Code, is amended
10-10 to read as follows:
10-11 (a) A parole panel shall require as a condition of parole
10-12 [or mandatory supervision] that a releasee submit to testing for
10-13 controlled substances on evidence that:
10-14 (1) a controlled substance is present in the
10-15 releasee's body;
10-16 (2) the releasee has used a controlled substance; or
10-17 (3) the use of a controlled substance is related to
10-18 the offense for which the releasee was convicted.
10-19 SECTION 14. Section 508.185(a), Government Code, is amended
10-20 to read as follows:
10-21 (a) A parole panel shall require as a condition of release
10-22 on parole [or release to mandatory supervision] that an inmate who
10-23 immediately before release is a participant in the program
10-24 established under Section 501.0931 participate as a releasee in a
10-25 drug or alcohol abuse continuum of care treatment program.
10-26 SECTION 15. Sections 508.186(a) and (c), Government Code,
10-27 are amended to read as follows:
11-1 (a) A parole panel shall require as a condition of parole
11-2 [or mandatory supervision] that a releasee required to register as
11-3 a sex offender under Chapter 62, Code of Criminal Procedure:
11-4 (1) register under that chapter; and
11-5 (2) pay to the releasee's supervising officer an
11-6 amount equal to the cost, as evidenced by written receipt, incurred
11-7 by the applicable local law enforcement authority for providing
11-8 notice for publication to a newspaper as required by that chapter.
11-9 (c) In a parole [or mandatory supervision] revocation
11-10 hearing under Section 508.281 at which it is alleged only that the
11-11 releasee failed to make a payment under this section, it is an
11-12 affirmative defense to revocation that the releasee is unable to
11-13 pay the amount as ordered by a parole panel. The releasee must
11-14 prove the affirmative defense by a preponderance of the evidence.
11-15 SECTION 16. Section 508.187(b), Government Code, is amended
11-16 to read as follows:
11-17 (b) A parole panel shall establish a child safety zone
11-18 applicable to a releasee if the panel determines that a child as
11-19 defined by Section 22.011(c), Penal Code, was the victim of the
11-20 offense, by requiring as a condition of parole [or mandatory
11-21 supervision] that the releasee:
11-22 (1) not:
11-23 (A) supervise or participate in any program that
11-24 includes as participants or recipients persons who are 17 years of
11-25 age or younger and that regularly provides athletic, civic, or
11-26 cultural activities; or
11-27 (B) go in, on, or within a distance specified by
12-1 the panel of premises where children commonly gather, including a
12-2 school, day-care facility, playground, public or private youth
12-3 center, public swimming pool, or video arcade facility; and
12-4 (2) attend psychological counseling sessions for sex
12-5 offenders with an individual or organization that provides sex
12-6 offender treatment or counseling as specified by the parole officer
12-7 supervising the releasee after release.
12-8 SECTION 17. Section 508.188, Government Code, is amended to
12-9 read as follows:
12-10 Sec. 508.188. COMMUNITY SERVICE FOR CERTAIN RELEASEES. A
12-11 parole panel shall require as a condition of parole [or mandatory
12-12 supervision] that a releasee for whom the court has made an
12-13 affirmative finding under Article 42.014, Code of Criminal
12-14 Procedure, perform not less than 300 hours of community service at
12-15 a project designated by the parole panel that primarily serves the
12-16 person or group that was the target of the releasee.
12-17 SECTION 18. Section 508.189(a), Government Code, is amended
12-18 to read as follows:
12-19 (a) A parole panel shall require as a condition of parole
12-20 [or mandatory supervision] that a releasee convicted of an offense
12-21 under Section 21.08, 21.11, 22.011, 22.021, 25.02, 43.25, or 43.26,
12-22 Penal Code, pay to the division a parole supervision fee of $5 each
12-23 month during the period of parole supervision.
12-24 SECTION 19. Section 508.221, Government Code, is amended to
12-25 read as follows:
12-26 Sec. 508.221. CONDITIONS PERMITTED GENERALLY. A parole
12-27 panel may impose as a condition of parole [or mandatory
13-1 supervision] any condition that a court may impose on a defendant
13-2 placed on community supervision under Article 42.12, Code of
13-3 Criminal Procedure, including the condition that a releasee submit
13-4 to testing for controlled substances or submit to electronic
13-5 monitoring if the parole panel determines that without testing for
13-6 controlled substances or participation in an electronic monitoring
13-7 program the inmate would not be released on parole.
13-8 SECTION 20. Section 508.222, Government Code, is amended to
13-9 read as follows:
13-10 Sec. 508.222. PAYMENT OF CERTAIN DAMAGES. A parole panel
13-11 may require as a condition of parole [or mandatory supervision]
13-12 that a releasee make payments in satisfaction of damages for which
13-13 the releasee is liable under Section 500.002.
13-14 SECTION 21. Section 508.223, Government Code, is amended to
13-15 read as follows:
13-16 Sec. 508.223. PSYCHOLOGICAL COUNSELING. A parole panel may
13-17 require as a condition of parole [or mandatory supervision] that a
13-18 releasee serving a sentence for an offense under Section 42.072,
13-19 Penal Code, attend psychological counseling sessions of a type and
13-20 for a duration as specified by the parole panel, if the parole
13-21 panel determines in consultation with a local mental health
13-22 services provider that appropriate mental health services are
13-23 available through the Texas Department of Mental Health and Mental
13-24 Retardation in accordance with Section 534.053, Health and Safety
13-25 Code, or through another mental health services provider.
13-26 SECTION 22. Section 508.224, Government Code, is amended to
13-27 read as follows:
14-1 Sec. 508.224. SUBSTANCE ABUSE COUNSELING. A parole panel
14-2 may require as a condition of parole [or mandatory supervision]
14-3 that the releasee attend counseling sessions for substance abusers
14-4 or participate in substance abuse treatment services in a program
14-5 or facility approved or licensed by the Texas Commission on Alcohol
14-6 and Drug Abuse if:
14-7 (1) the releasee was sentenced for an offense
14-8 involving a controlled substance; or
14-9 (2) the panel determines that the releasee's substance
14-10 abuse was related to the commission of the offense.
14-11 SECTION 23. Section 508.251(a), Government Code, is amended
14-12 to read as follows:
14-13 (a) In a case of parole [or mandatory supervision], the
14-14 director or a designated agent of the director or, in another case,
14-15 the board on order by the governor, may issue a warrant as provided
14-16 by Section 508.252 for the return of:
14-17 (1) a releasee;
14-18 (2) an inmate released although not eligible for
14-19 release;
14-20 (3) a resident released to a preparole or work
14-21 program;
14-22 (4) an inmate released on emergency reprieve or on
14-23 emergency absence under escort; or
14-24 (5) a person released on a conditional pardon.
14-25 SECTION 24. Section 508.253, Government Code, is amended to
14-26 read as follows:
14-27 Sec. 508.253. EFFECT ON SENTENCE AFTER ISSUANCE OF WARRANT.
15-1 If it appears a releasee has violated a condition or provision of
15-2 the releasee's parole [or mandatory supervision], the date of the
15-3 issuance of the warrant to the date of the releasee's arrest is not
15-4 counted as a part of the time served under the releasee's sentence.
15-5 SECTION 25. Section 508.254(c), Government Code, is amended
15-6 to read as follows:
15-7 (c) Pending a hearing on a charge of parole violation or[,]
15-8 ineligible release, [or violation of a condition of mandatory
15-9 supervision,] a person returned to custody shall remain confined.
15-10 SECTION 26. Section 508.281, Government Code, is amended to
15-11 read as follows:
15-12 Sec. 508.281. HEARING. (a) A releasee, a person released
15-13 although ineligible for release, or a person granted a conditional
15-14 pardon is entitled to a hearing before a parole panel or a
15-15 designated agent of the board under the rules adopted by the policy
15-16 board and within a period that permits a parole panel, a designee
15-17 of the board, or the department to dispose of the charges within
15-18 the periods established by Sections 508.282(a) and (b) if the
15-19 releasee or person:
15-20 (1) is accused of a violation of the releasee's parole
15-21 [or mandatory supervision] or the person's conditional pardon, on
15-22 information and complaint by a peace officer or parole officer; or
15-23 (2) is arrested after an ineligible release.
15-24 (b) If a parole panel or designated agent of the board
15-25 determines that a releasee or person granted a conditional pardon
15-26 has been convicted of a felony offense committed while an
15-27 administrative releasee and has been sentenced to a term of
16-1 confinement in a penal institution, the determination is considered
16-2 to be a sufficient hearing to revoke the parole [or mandatory
16-3 supervision] or recommend to the governor revocation of a
16-4 conditional pardon without further hearing, except that the parole
16-5 panel or designated agent shall conduct a hearing to consider
16-6 mitigating circumstances if requested by the releasee or person
16-7 granted a conditional pardon.
16-8 SECTION 27. Section 508.282(c), Government Code, is amended
16-9 to read as follows:
16-10 (c) In Subsections (a) and (b), charges against an inmate or
16-11 person are disposed of when:
16-12 (1) the inmate's or person's conditional pardon or[,]
16-13 parole[, or release to mandatory supervision] is:
16-14 (A) revoked; or
16-15 (B) continued or modified and the inmate or
16-16 person is released from the county jail;
16-17 (2) the warrant for the inmate or person issued under
16-18 Section 508.251 is withdrawn; or
16-19 (3) the inmate or person is transferred to a facility
16-20 described by Section 508.284 for further proceedings.
16-21 SECTION 28. Section 508.283, Government Code, is amended to
16-22 read as follows:
16-23 Sec. 508.283. SANCTIONS. (a) After a parole panel or
16-24 designated agent of the board has held a hearing under Section
16-25 508.281, the board may, in any manner warranted by the evidence:
16-26 (1) recommend to the governor to continue, revoke, or
16-27 modify the conditional pardon; or
17-1 (2) continue, revoke, or modify the parole [or
17-2 mandatory supervision].
17-3 (b) If a person's parole[, mandatory supervision,] or
17-4 conditional pardon is revoked, the person may be required to serve
17-5 the remaining portion of the sentence on which the person was
17-6 released. The remaining portion is computed without credit for the
17-7 time from the date of the person's release to the date of
17-8 revocation.
17-9 (c) If a warrant is issued charging a violation of a release
17-10 condition or a summons is issued for a hearing under Section
17-11 508.281, the sentence time credit may be suspended until a
17-12 determination is made in the case. The suspended time credit may
17-13 be reinstated if the parole[, mandatory supervision,] or
17-14 conditional pardon is continued.
17-15 SECTION 29. Sections 508.313(a) and (b), Government Code,
17-16 are amended to read as follows:
17-17 (a) All information obtained and maintained, including a
17-18 victim protest letter or other correspondence, a victim impact
17-19 statement, a list of inmates eligible for release on parole, and an
17-20 arrest record of an inmate, is confidential and privileged if the
17-21 information relates to:
17-22 (1) an inmate of the institutional division subject to
17-23 release on parole[, release to mandatory supervision,] or executive
17-24 clemency;
17-25 (2) a releasee; or
17-26 (3) a person directly identified in any proposed plan
17-27 of release for an inmate.
18-1 (b) Statistical and general information relating to the
18-2 parole [and mandatory supervision] system, including the names of
18-3 releasees and data recorded relating to parole [and mandatory
18-4 supervision] services, is not confidential or privileged and must
18-5 be made available for public inspection at any reasonable time.
18-6 SECTION 30. Section 508.322(a), Government Code, is amended
18-7 to read as follows:
18-8 (a) The releasee restitution fund is a fund outside the
18-9 treasury and consists of restitution payments made by releasees.
18-10 Money in the fund may be used only to pay restitution as required
18-11 by a condition of parole [or mandatory supervision] to victims of
18-12 criminal offenses.
18-13 SECTION 31. Article 42.037(h), Code of Criminal Procedure,
18-14 is amended to read as follows:
18-15 (h) If a defendant is placed on community supervision
18-16 [probation] or is paroled [or released on mandatory supervision]
18-17 under this chapter, the court or the Board of Pardons and Paroles
18-18 shall order the payment of restitution ordered under this article
18-19 as a condition of community supervision or [probation,] parole[, or
18-20 mandatory supervision]. The court may revoke community supervision
18-21 [probation] and the Board of Pardons and Paroles may revoke parole
18-22 [or mandatory supervision] if the defendant fails to comply with
18-23 the order. In determining whether to revoke community supervision
18-24 [probation,] parole[, or mandatory supervision], the court or board
18-25 shall consider:
18-26 (1) the defendant's employment status;
18-27 (2) the defendant's earning ability;
19-1 (3) the defendant's financial resources;
19-2 (4) the willfulness of the defendant's failure to pay;
19-3 and
19-4 (5) any other special circumstances that may affect
19-5 the defendant's ability to pay.
19-6 SECTION 32. Section 8(d), Article 42.09, Code of Criminal
19-7 Procedure, is amended to read as follows:
19-8 (d) The institutional division of the Texas Department of
19-9 Criminal Justice shall make documents received under Subsections
19-10 (a) and (c) available to the pardons and paroles division on the
19-11 request of the pardons and paroles division and shall, on release
19-12 of a defendant on parole [or to mandatory supervision], immediately
19-13 provide the pardons and paroles division with copies of documents
19-14 received under Subsection (a). The pardons and paroles division
19-15 shall provide to the parole officer appointed to supervise the
19-16 defendant a comprehensive summary of the information contained in
19-17 the documents referenced in this section not later than the 14th
19-18 day after the date of the defendant's release. The summary shall
19-19 include a current photograph of the defendant and a complete set of
19-20 the defendant's fingerprints. Upon written request from the county
19-21 sheriff, the photograph and fingerprints shall be filed with the
19-22 sheriff of the county to which the parolee is assigned if that
19-23 county is not the county from which the parolee was sentenced.
19-24 SECTION 33. Article 43.101(a), Code of Criminal Procedure,
19-25 is amended to read as follows:
19-26 (a) A defendant confined in county jail awaiting trial or a
19-27 defendant confined in county jail after conviction of a felony or
20-1 revocation of community supervision or [,] parole[, or mandatory
20-2 supervision] and awaiting transfer to the institutional division of
20-3 the Texas Department of Criminal Justice may volunteer to
20-4 participate in any work program operated by the sheriff that uses
20-5 the labor of convicted defendants.
20-6 SECTION 34. Article 60.052(c), Code of Criminal Procedure,
20-7 is amended to read as follows:
20-8 (c) Information in the corrections tracking system relating
20-9 to the handling of offenders must include the following information
20-10 about each imprisonment, confinement, or execution of an offender:
20-11 (1) the date of the imprisonment or confinement;
20-12 (2) if the offender was sentenced to death:
20-13 (A) the date of execution; and
20-14 (B) if the death sentence was commuted, the
20-15 sentence to which the sentence of death was commuted and the date
20-16 of commutation;
20-17 (3) the date the offender was released from
20-18 imprisonment or confinement and whether the release was a discharge
20-19 or a release on parole [or mandatory supervision];
20-20 (4) if the offender is released on parole [or
20-21 mandatory supervision]:
20-22 (A) the offense for which the offender was
20-23 convicted by offense code and incident number;
20-24 (B) the date the offender was received by an
20-25 office of the Board of Pardons and Paroles division;
20-26 (C) the county in which the offender resides
20-27 while under supervision;
21-1 (D) any program in which an offender is placed
21-2 or has previously been placed and the level of supervision the
21-3 offender is placed on while under the jurisdiction of the Board of
21-4 Pardons and Paroles division;
21-5 (E) the date a program described by Paragraph
21-6 (D) of this subdivision begins, the date the program ends, and
21-7 whether the program was completed successfully;
21-8 (F) the date a level of supervision described by
21-9 Paragraph (D) of this subdivision begins and the date the level of
21-10 supervision ends;
21-11 (G) if the offender's release status is revoked,
21-12 the reason for the revocation and the date of revocation;
21-13 (H) the expiration date of the sentence; and
21-14 (I) the date of the offender's release from the
21-15 Board of Pardons and Paroles division or the date on which the
21-16 offender is granted clemency; and
21-17 (5) if the offender is released under Section 6(a),
21-18 Article 42.12, of this code, the date of the offender's release.
21-19 SECTION 35. Section 406.009(e), Government Code, is amended
21-20 to read as follows:
21-21 (e) The dismissal and discharge of proceedings under either
21-22 the misdemeanor adult community [probation and] supervision law or
21-23 the adult community supervision or [probation,] parole[, and
21-24 mandatory supervision] law shall not be considered a conviction for
21-25 the purposes of determining good cause.
21-26 SECTION 36. Sections 413.016(a) and (b), Government Code,
21-27 are amended to read as follows:
22-1 (a) Each month the policy council shall determine the
22-2 following information:
22-3 (1) the number and percentage of inmates released on
22-4 parole [or to mandatory supervision] to each county;
22-5 (2) the number and percentage of inmates released on
22-6 parole in absentia to each county; and
22-7 (3) the number of inmates released to and from a
22-8 halfway house in each county, including the number of inmates who
22-9 are required as a condition of release to reside in a county other
22-10 than the county in which a halfway house is located.
22-11 (b) The policy council shall submit to the Texas Board of
22-12 Criminal Justice an annual report that includes the following
22-13 information for the preceding 12 months:
22-14 (1) the number of inmates released on parole [or to
22-15 mandatory supervision];
22-16 (2) the number and percentage of inmates released on
22-17 parole [or to mandatory supervision] to each county, including the
22-18 number of inmates who are required on release from a halfway house
22-19 to reside in a county other than the county in which the halfway
22-20 house is located;
22-21 (3) the number of inmates released on parole in
22-22 absentia;
22-23 (4) the number and destination of inmates who are
22-24 transferred from one county to another during the period of release
22-25 or supervision; and
22-26 (5) the number and percentage of inmates released on
22-27 parole in absentia to each county.
23-1 SECTION 37. Section 466.155(a), Government Code, is amended
23-2 to read as follows:
23-3 (a) After a hearing, the director shall deny an application
23-4 for a license or the commission shall suspend or revoke a license
23-5 if the director or commission, as applicable, finds that the
23-6 applicant or sales agent:
23-7 (1) is an individual who:
23-8 (A) has been convicted of a felony, criminal
23-9 fraud, gambling or a gambling-related offense, or a misdemeanor
23-10 involving moral turpitude, if less than 10 years has elapsed since
23-11 the termination of the sentence, parole, [mandatory supervision,]
23-12 or community supervision [probation] served for the offense;
23-13 (B) is or has been a professional gambler;
23-14 (C) is married to an individual:
23-15 (i) described in Paragraph (A) or (B); or
23-16 (ii) who is currently delinquent in the
23-17 payment of any state tax;
23-18 (D) is an officer or employee of the commission
23-19 or a lottery operator; or
23-20 (E) is a spouse, child, brother, sister, or
23-21 parent residing as a member of the same household in the principal
23-22 place of residence of a person described by Paragraph (D);
23-23 (2) is not an individual, and an individual described
23-24 in Subdivision (1):
23-25 (A) is an officer or director of the applicant
23-26 or sales agent;
23-27 (B) holds more than 10 percent of the stock in
24-1 the applicant or sales agent;
24-2 (C) holds an equitable interest greater than 10
24-3 percent in the applicant or sales agent;
24-4 (D) is a creditor of the applicant or sales
24-5 agent who holds more than 10 percent of the applicant's or sales
24-6 agent's outstanding debt;
24-7 (E) is the owner or lessee of a business that
24-8 the applicant or sales agent conducts or through which the
24-9 applicant will conduct a ticket sales agency;
24-10 (F) shares or will share in the profits, other
24-11 than stock dividends, of the applicant or sales agent; or
24-12 (G) participates in managing the affairs of the
24-13 applicant or sales agent;
24-14 (3) is currently delinquent in the payment of any
24-15 state tax;
24-16 (4) is a person whose location for the sales agency
24-17 is:
24-18 (A) a location licensed for games of bingo under
24-19 the Bingo Enabling Act (Article 179d, Vernon's Texas Civil
24-20 Statutes);
24-21 (B) on land that is owned by:
24-22 (i) this state; or
24-23 (ii) a political subdivision of this state
24-24 and on which is located a public primary or secondary school, an
24-25 institution of higher education, or an agency of the state; or
24-26 (C) a location for which a person holds a wine
24-27 and beer retailer's permit, mixed beverage permit, mixed beverage
25-1 late hours permit, private club registration permit, or private
25-2 club late hours permit issued under Chapter 25, 28, 29, 32, or 33,
25-3 Alcoholic Beverage Code; or
25-4 (5) has violated this chapter or a rule adopted under
25-5 this chapter.
25-6 SECTION 38. Section 493.015(g), Government Code, as added by
25-7 Section 1, Chapter 85, Acts of the 74th Legislature, 1995, is
25-8 amended to read as follows:
25-9 (g) The department shall cooperate with the Immigration and
25-10 Naturalization Service in implementing an efficient system for the
25-11 deportation of illegal criminal aliens on completion of the
25-12 inmates' sentences or release of the inmates on parole [or
25-13 mandatory supervision]. The department shall consider:
25-14 (1) designating facilities or units within the
25-15 department as central locations to hold inmates who are illegal
25-16 criminal aliens for the period immediately preceding release on
25-17 parole [or mandatory supervision]; and
25-18 (2) providing two-way closed circuit communications
25-19 systems and other technology that will assist the state and the
25-20 federal government in ensuring the timely and efficient deportation
25-21 of illegal criminal aliens on the release of those aliens from
25-22 imprisonment or confinement under the authority of the department.
25-23 SECTION 39. Section 497.010(a), Government Code, is amended
25-24 to read as follows:
25-25 (a) A person commits an offense if the person intentionally
25-26 sells or offers to sell on the open market in this state an article
25-27 or product the person knows was manufactured in whole or in part by
26-1 an inmate of the department or an inmate in any correctional
26-2 facility or reformatory institution in this state or in any other
26-3 state, other than an inmate:
26-4 (1) who was on community supervision or [,] parole[,
26-5 or mandatory supervision];
26-6 (2) employed by an enterprise that has employed the
26-7 inmate in order to take advantage of the franchise tax credit
26-8 offered under Subchapter L, Chapter 171, Tax Code, at the time of
26-9 manufacture; or
26-10 (3) participating in a federally certified prison
26-11 industry enhancement program.
26-12 SECTION 40. Section 497.094(a), Government Code, is amended
26-13 to read as follows:
26-14 (a) The department shall implement job training programs for
26-15 inmates confined in facilities operated by the department and
26-16 monitor the success of those programs. The department shall
26-17 collect information relating to the employment histories of inmates
26-18 released from the institutional division on parole [and mandatory
26-19 supervision].
26-20 SECTION 41. Sections 498.003(a) and (c), Government Code,
26-21 are amended to read as follows:
26-22 (a) Good conduct time applies only to eligibility for parole
26-23 [or mandatory supervision] as provided by Section 508.145 or
26-24 508.147 and does not otherwise affect an inmate's term. Good
26-25 conduct time is a privilege and not a right. Regardless of the
26-26 classification of an inmate, the department may grant good conduct
26-27 time to the inmate only if the department finds that the inmate is
27-1 actively engaged in an agricultural, vocational, or educational
27-2 endeavor or in an industrial program or other work program, unless
27-3 the department finds that the inmate is not capable of
27-4 participating in such an endeavor.
27-5 (c) An inmate may not accrue good conduct time during any
27-6 period the inmate is classified as a Class III inmate or is on
27-7 parole [or under mandatory supervision].
27-8 SECTION 42. Section 498.004(b), Government Code, as amended
27-9 by Section 4, Chapter 249, Acts of the 74th Legislature, 1995, is
27-10 amended to read as follows:
27-11 (b) On the revocation of parole [or mandatory supervision]
27-12 of an inmate, the inmate forfeits all good conduct time previously
27-13 accrued. On return to the institutional division the inmate may
27-14 accrue new good conduct time for subsequent time served in the
27-15 division. The department may not restore good conduct time
27-16 forfeited on a revocation.
27-17 SECTION 43. Section 498.004(b), Government Code, as amended
27-18 by Section 1.049, Chapter 321, Acts of the 74th Legislature, 1995,
27-19 is amended to read as follows:
27-20 (b) On the revocation of parole [or mandatory supervision]
27-21 of an inmate, the inmate forfeits all good conduct time previously
27-22 accrued. On return to the institutional division the inmate may
27-23 accrue new good conduct time for subsequent time served in the
27-24 division. The department may restore good conduct time forfeited
27-25 on a revocation that does not involve a new criminal conviction
27-26 after the inmate has served at least three months of good behavior
27-27 in the institutional division, subject to policies established by
28-1 the division.
28-2 SECTION 44. Section 499.002(a), Government Code, is amended
28-3 to read as follows:
28-4 (a) The pardons and paroles division may assume custody of
28-5 an eligible inmate not more than one year before the inmate's
28-6 presumptive parole date or [mandatory supervision] release date.
28-7 The eligible inmate becomes a pre-parolee on the date the pardons
28-8 and paroles division assumes custody, and the pardons and paroles
28-9 division immediately shall transfer the pre-parolee to a community
28-10 residential facility. Except as otherwise provided by this
28-11 subchapter, the pre-parolee may serve the remainder of the
28-12 pre-parolee's sentence before release on parole in the facility
28-13 designated by the pardons and paroles division.
28-14 SECTION 45. Section 499.025(b), Government Code, is amended
28-15 to read as follows:
28-16 (b) If the inmate population of the institutional division
28-17 reaches 100 percent of capacity or, if the attorney general has
28-18 authorized an increase in the permissible percentage of capacity
28-19 under Section 499.109, the inmate population reaches that increased
28-20 permissible percentage, the director shall immediately notify the
28-21 executive director, the board, and the attorney general in writing
28-22 of that fact. The attorney general shall certify to the board in
28-23 writing as to whether the institutional division has reached 100
28-24 percent of capacity or, if applicable, the increased permissible
28-25 percentage. If the attorney general certifies that 100 percent of
28-26 capacity has been reached or, if applicable, that the increased
28-27 permissible percentage has been reached, the board shall
29-1 immediately certify that an emergency overcrowding situation exists
29-2 and direct the Board of Pardons and Paroles to proceed in the
29-3 manner described by Subsection (c). If the Commission on Jail
29-4 Standards determines that in any county jail in this state there
29-5 exists an inmate awaiting transfer to the institutional division
29-6 following conviction of a felony or revocation of community
29-7 supervision or [probation,] parole[, or release on mandatory
29-8 supervision] and for whom all paperwork and processing required for
29-9 transfer have been completed for not less than 45 days, the board
29-10 may direct the Board of Pardons and Paroles to proceed in the
29-11 manner described by Subsection (c).
29-12 SECTION 46. Section 499.053(c), Government Code, is amended
29-13 to read as follows:
29-14 (c) All laws relating to good conduct time and eligibility
29-15 for release on parole [or mandatory supervision] apply to a person
29-16 transferred to the institutional division by the youth commission
29-17 as if the time the person was detained in a detention facility and
29-18 the time the person served in the custody of the youth commission
29-19 was time served in the custody of the division.
29-20 SECTION 47. Section 499.122, Government Code, is amended to
29-21 read as follows:
29-22 Sec. 499.122. INMATE COUNT. The Commission on Jail
29-23 Standards shall analyze monthly the population of each jail in this
29-24 state that is the jail for a qualifying county and determine the
29-25 number of inmates confined in the jail who are awaiting transfer to
29-26 the institutional division following conviction of a felony or
29-27 revocation of community supervision or [probation,] parole[, or
30-1 release on mandatory supervision] and for whom all paperwork and
30-2 processing required under Section 8(a), Article 42.09, Code of
30-3 Criminal Procedure, for transfer have been completed. The
30-4 commission may not consider in determining the population of the
30-5 jail under this section any inmate who is in the jail after having
30-6 been transferred from another jail and for whom the commission has
30-7 made payment under this subchapter.
30-8 SECTION 48. Sections 499.123(a) and (c), Government Code,
30-9 are amended to read as follows:
30-10 (a) Not later than the 32nd day after the effective date of
30-11 this subchapter, the Commission on Jail Standards shall determine
30-12 for each jail in this state that is the jail for a qualifying
30-13 county the number of inmates confined in the jail on April 1, 1991,
30-14 who were awaiting transfer to the institutional division following
30-15 conviction of a felony or revocation of community supervision or
30-16 [probation,] parole[, or release on mandatory supervision] and for
30-17 whom paperwork and processing required under Section 8(a), Article
30-18 42.09, Code of Criminal Procedure, for transfer had been completed
30-19 on that date.
30-20 (c) Not later than September 10, 1993, the Commission on
30-21 Jail Standards shall determine for each jail in this state that is
30-22 the jail for a qualifying county the number of inmates confined in
30-23 the jail on September 1, 1993, who were awaiting transfer to the
30-24 institutional division following conviction of a felony or
30-25 revocation of community supervision [probation,] parole[, or
30-26 release on mandatory supervision] and for whom paperwork and
30-27 processing required under Section 8(a), Article 42.09, Code of
31-1 Criminal Procedure, for transfer had been completed, as determined
31-2 under Section 499.122, on that date.
31-3 SECTION 49. Section 499.126(a), Government Code, is amended
31-4 to read as follows:
31-5 (a) In this subchapter, "qualifying county" means a county
31-6 that:
31-7 (1) on or after the effective date of this subchapter
31-8 does not initiate or become a party to a suit against the state or
31-9 a state agency or state official, the subject of which is the
31-10 reimbursement of the county for the confinement of inmates in the
31-11 county jail who are awaiting transfer to the institutional division
31-12 following conviction of a felony or revocation of community
31-13 supervision or [probation,] parole[, or release on mandatory
31-14 supervision]; and
31-15 (2) if, before the effective date of this subchapter,
31-16 it was a party to a suit in state court described by Subdivision
31-17 (1), has before the 31st day after the effective date of this
31-18 subchapter:
31-19 (A) had the county's suit vacated and dismissed
31-20 by the court;
31-21 (B) had the county's suit abated by the court,
31-22 by entry of an abatement order that specifically provides that:
31-23 (i) the suit may not be reactivated except
31-24 before September 1, 1997, and except on a finding by the court that
31-25 the state has substantially failed to perform a duty imposed under
31-26 this subchapter;
31-27 (ii) the county is barred from any claim
32-1 for reimbursement for the cost of confining inmates on and after
32-2 the effective date of this subchapter and until September 1, 1995,
32-3 other than reimbursement specified in this subchapter; and
32-4 (iii) if the suit is not reactivated
32-5 before September 1, 1997, the court shall vacate and dismiss the
32-6 suit on that date; or
32-7 (C) had the county's suit settled by written
32-8 agreement.
32-9 SECTION 50. Section 499.152, Government Code, is amended to
32-10 read as follows:
32-11 Sec. 499.152. ELIGIBLE INMATES. The institutional division
32-12 may confine an inmate in a transfer facility authorized by this
32-13 subchapter:
32-14 (1) only if paperwork and processing required under
32-15 Section 8(a), Article 42.09, Code of Criminal Procedure, for
32-16 transfer of the inmate to the division has been completed; and
32-17 (2) only during a period in which the inmate would
32-18 otherwise be confined in a county jail awaiting transfer to the
32-19 division following conviction of a felony or revocation of
32-20 community supervision or [probation,] parole[, or release on
32-21 mandatory supervision].
32-22 SECTION 51. Sections 499.155(b) and (c), Government Code,
32-23 are amended to read as follows:
32-24 (b) If an inmate described by Section 499.152 is confined in
32-25 a transfer facility, is released from or transferred from the
32-26 transfer facility or returned to the convicting county under court
32-27 order, and is convicted of a subsequent offense, is returned from
33-1 the convicting county, or is the subject of a revocation of parole
33-2 [or mandatory supervision], the institutional division shall not
33-3 calculate the previous period of confinement in determining the
33-4 maximum period the defendant may be confined in a transfer facility
33-5 following conviction of the subsequent offense, return from the
33-6 convicting county, or revocation.
33-7 (c) If an inmate is discharged or released on parole [or
33-8 mandatory supervision] from a transfer facility, the inmate is
33-9 entitled to receive release or discharge money from the
33-10 institutional division in the same amount as an inmate is entitled
33-11 to receive on release or discharge from any other facility of the
33-12 institutional division under Section 501.015.
33-13 SECTION 52. Sections 501.015(a) and (b), Government Code,
33-14 are amended to read as follows:
33-15 (a) When an inmate is discharged or is released on parole[,
33-16 mandatory supervision,] or conditional pardon, the institutional
33-17 division shall provide the inmate with:
33-18 (1) suitable civilian clothing;
33-19 (2) money held in the inmate's trust account by the
33-20 director; and
33-21 (3) cash, in an amount and in the manner described by
33-22 Subsection (b).
33-23 (b) When an inmate is released on parole[, mandatory
33-24 supervision,] or conditional pardon, the inmate is entitled to
33-25 receive $100 from the department and transportation at the expense
33-26 of the department to the location at which the inmate is required
33-27 to report to a parole officer by the pardons and paroles division.
34-1 The inmate shall receive $50 on his release from the institution
34-2 and $50 on initially reporting to a parole officer at the location
34-3 at which the inmate is required to report to a parole officer. If
34-4 an inmate is released and is not required by the pardons and
34-5 paroles division to report to a parole officer or is authorized by
34-6 the pardons and paroles division to report to a location outside
34-7 this state, the department shall provide the inmate with $100 and,
34-8 at the expense of the department, transportation to:
34-9 (1) the location of the inmate's residence, if the
34-10 residence is in this state; or
34-11 (2) a transit point determined appropriate by the
34-12 department, if the inmate's residence is outside this state or the
34-13 inmate is required by the pardons and paroles division to report to
34-14 a location outside this state.
34-15 SECTION 53. Section 501.016(a), Government Code, is amended
34-16 to read as follows:
34-17 (a) The department shall prepare and provide an inmate with
34-18 the inmate's discharge or release papers when the inmate is
34-19 entitled to be discharged or to be released on parole[, mandatory
34-20 supervision,] or conditional pardon. The papers must be dated and
34-21 signed by the officer preparing the papers and bear the seal of the
34-22 department. The papers must contain:
34-23 (1) the inmate's name;
34-24 (2) a statement of the offense or offenses for which
34-25 the inmate was sentenced;
34-26 (3) the date on which the defendant was sentenced and
34-27 the length of the sentence;
35-1 (4) the name of the county in which the inmate was
35-2 sentenced;
35-3 (5) the amount of calendar time the inmate actually
35-4 served;
35-5 (6) a statement of any trade learned by the inmate and
35-6 the inmate's proficiency at that trade; and
35-7 (7) the physical description of the inmate, as far as
35-8 practicable.
35-9 SECTION 54. Section 501.054(g), Government Code, is amended
35-10 to read as follows:
35-11 (g) The department shall maintain the confidentiality of
35-12 test results of an inmate indicating HIV infection after the
35-13 inmate's discharge, release from a state jail, or release on parole
35-14 [or mandatory supervision] and may not honor the request of an
35-15 agency of the state or any person who requests a test result as a
35-16 condition of housing or supervising the inmate while the inmate is
35-17 on community supervision or parole [or mandatory supervision],
35-18 unless honoring the request would improve the ability of the inmate
35-19 to obtain essential health and social services.
35-20 SECTION 55. Section 501.0931(d), Government Code, is amended
35-21 to read as follows:
35-22 (d) The institutional division shall separate inmates
35-23 participating in the program from the general population of the
35-24 division and house the inmates in discrete units or areas within
35-25 units, except during the diagnostic process or at other times
35-26 determined to be necessary by the division for medical or security
35-27 purposes. The institutional division shall separate an inmate who
36-1 successfully completes the program from the general population of
36-2 the division during any period after completion and before the
36-3 inmate is discharged or released on parole [or mandatory
36-4 supervision] from the department.
36-5 SECTION 56. Section 511.0101(a), Government Code, is amended
36-6 to read as follows:
36-7 (a) Each county shall submit to the commission on or before
36-8 the fifth day of each month a report containing the following
36-9 information:
36-10 (1) the number of prisoners confined in the county
36-11 jail on the first day of the month, classified on the basis of the
36-12 following categories:
36-13 (A) total prisoners;
36-14 (B) pretrial Class C misdemeanor offenders;
36-15 (C) pretrial Class A and B misdemeanor
36-16 offenders;
36-17 (D) convicted misdemeanor offenders;
36-18 (E) felony offenders whose penalty has been
36-19 reduced to a misdemeanor;
36-20 (F) pretrial felony offenders;
36-21 (G) convicted felony offenders;
36-22 (H) prisoners detained on bench warrants;
36-23 (I) prisoners detained for parole violations;
36-24 (J) prisoners detained for federal officers;
36-25 (K) prisoners awaiting transfer to the
36-26 institutional division of the Texas Department of Criminal Justice
36-27 following conviction of a felony or revocation of community
37-1 supervision or [probation,] parole[, or release on mandatory
37-2 supervision] and for whom paperwork and processing required for
37-3 transfer have been completed;
37-4 (L) prisoners detained after having been
37-5 transferred from another jail and for whom the commission has made
37-6 a payment under Subchapter F, Chapter 499, Government Code; and
37-7 (M) other prisoners;
37-8 (2) the total capacity of the county jail on the first
37-9 day of the month; and
37-10 (3) certification by the reporting official that the
37-11 information in the report is accurate.
37-12 SECTION 57. Sections 575.016(a) and (b), Health and Safety
37-13 Code, are amended to read as follows:
37-14 (a) The institutional division of the Texas Department of
37-15 Criminal Justice shall transfer a patient committed to an
37-16 institutional division inpatient mental health facility under
37-17 Section 574.044 to a noncorrectional mental health facility on the
37-18 day the inmate is released on parole [or mandatory supervision].
37-19 (b) A patient transferred to a department mental health
37-20 facility shall be transferred as prescribed by Section 575.011 or
37-21 575.012 to the facility that serves the location to which the
37-22 patient is released on parole [or mandatory supervision].
37-23 SECTION 58. Section 46.04(a), Penal Code, is amended to read
37-24 as follows:
37-25 (a) A person who has been convicted of a felony commits an
37-26 offense if he possesses a firearm:
37-27 (1) after conviction and before the fifth anniversary
38-1 of the person's release from confinement following conviction of
38-2 the felony or the person's release from supervision under community
38-3 supervision or [,] parole[, or mandatory supervision], whichever
38-4 date is later; or
38-5 (2) after the period described by Subdivision (1), at
38-6 any location other than the premises at which the person lives.
38-7 SECTION 59. Section 46.06(a), Penal Code, is amended to read
38-8 as follows:
38-9 (a) A person commits an offense if the person:
38-10 (1) sells, rents, leases, loans, or gives a handgun to
38-11 any person knowing that the person to whom the handgun is to be
38-12 delivered intends to use it unlawfully or in the commission of an
38-13 unlawful act;
38-14 (2) intentionally or knowingly sells, rents, leases,
38-15 or gives or offers to sell, rent, lease, or give to any child
38-16 younger than 18 years any firearm, club, or illegal knife;
38-17 (3) intentionally, knowingly, or recklessly sells a
38-18 firearm or ammunition for a firearm to any person who is
38-19 intoxicated;
38-20 (4) knowingly sells a firearm or ammunition for a
38-21 firearm to any person who has been convicted of a felony before the
38-22 fifth anniversary of the later of the following dates:
38-23 (A) the person's release from confinement
38-24 following conviction of the felony; or
38-25 (B) the person's release from supervision under
38-26 community supervision or [,] parole[, or mandatory supervision]
38-27 following conviction of the felony;
39-1 (5) sells, rents, leases, loans, or gives a handgun to
39-2 any person knowing that an active protective order is directed to
39-3 the person to whom the handgun is to be delivered; or
39-4 (6) knowingly purchases, rents, leases, or receives as
39-5 a loan or gift from another a handgun while an active protective
39-6 order is directed to the actor.
39-7 SECTION 60. Sections 13(c), (l), and (q), Bingo Enabling Act
39-8 (Article 179d, Vernon's Texas Civil Statutes), are amended to read
39-9 as follows:
39-10 (c) The commission shall issue to an applicant a license for
39-11 the conduct of bingo, or a license renewal, on payment of a license
39-12 fee in accordance with Subdivision (1) of Subsection (d) of this
39-13 section, if the commission determines that:
39-14 (1) the member or members of the applicant designated
39-15 in the application to conduct bingo are active members of the
39-16 applicant;
39-17 (2) no person under whose name the game or games of
39-18 bingo will be conducted, and no person who will work at the
39-19 proposed bingo games, has been convicted of a felony, gambling
39-20 offense, criminal fraud, or a crime of moral turpitude for which
39-21 less than 10 years have elapsed since termination of any sentence,
39-22 parole, [mandatory supervision,] or community supervision
39-23 [probation] served for the offense;
39-24 (3) the games are to be conducted in accordance with
39-25 this Act;
39-26 (4) the proceeds of the games are to be disposed of as
39-27 provided by this Act;
40-1 (5) the applicant has made and can demonstrate
40-2 significant progress toward the accomplishment of the purposes of
40-3 the organization during the 12-month period preceding the date of
40-4 application for a license or license renewal; and
40-5 (6) all persons who will conduct, promote, or
40-6 administer the proposed bingo games are active, bona fide members
40-7 of the applicant organization and all other persons who will assist
40-8 in conducting, promoting, or administering the proposed bingo games
40-9 are persons authorized to do so by Section 19 of this Act.
40-10 (l) The commission may not issue a license to an authorized
40-11 organization to conduct bingo if an officer of the organization has
40-12 been convicted of a felony, criminal fraud, gambling or
40-13 gambling-related offense, or crime of moral turpitude, if less than
40-14 10 years have elapsed since the termination of any sentence,
40-15 parole, [mandatory supervision,] or community supervision
40-16 [probation] served for the offense.
40-17 (q) The following persons are not eligible for a commercial
40-18 license, or to renew a commercial license, to lease bingo premises
40-19 to a licensed authorized organization:
40-20 (1) a person convicted of a felony, criminal fraud,
40-21 gambling or gambling-related offense, or crime of moral turpitude,
40-22 if less than 10 years have elapsed since the termination of any
40-23 sentence, parole, [mandatory supervision,] or community supervision
40-24 [probation] served for the offense;
40-25 (2) a public officer who receives any consideration,
40-26 direct or indirect, as owner or lessor of premises offered for the
40-27 purpose of conducting bingo;
41-1 (3) a person who extends credit to, loans money to, or
41-2 pays or provides for the payment of license fees for an authorized
41-3 organization;
41-4 (4) a distributor or manufacturer;
41-5 (5) a person, firm, or corporation in which a person
41-6 covered by Subdivision (1), (2), (3), or (4) of this subsection or
41-7 a person married or related in the first degree by consanguinity or
41-8 affinity, as determined under Chapter 573, Government Code, to one
41-9 of those persons has greater than a 10 percent proprietary,
41-10 equitable, or credit interest or in which one of those persons is
41-11 active or employed;
41-12 (6) a foreign corporation or other legal entity, an
41-13 individual who is not a resident of this state, or a corporation or
41-14 other legal entity owned or controlled by a foreign corporation or
41-15 individual who is not a resident of this state; or
41-16 (7) a corporation or other legal entity whose shares
41-17 are publicly traded or a corporation or other legal entity that is
41-18 owned or controlled by a corporation whose shares are publicly
41-19 traded.
41-20 SECTION 61. Section 13a(c), Bingo Enabling Act (Article
41-21 179d, Vernon's Texas Civil Statutes), is amended to read as
41-22 follows:
41-23 (c) The following persons are not eligible for a license
41-24 issued under this section:
41-25 (1) a person convicted of a felony, criminal fraud,
41-26 gambling or gambling-related offense, or a crime of moral
41-27 turpitude, if less than 10 years have elapsed since the termination
42-1 of any sentence, parole, [mandatory supervision,] or community
42-2 supervision [probation] served for the offense;
42-3 (2) a person who is or has been a professional gambler
42-4 or gambling promoter;
42-5 (3) an elected or appointed public officer or public
42-6 employee;
42-7 (4) an owner, officer, director, shareholder, agent,
42-8 or employee of a commercial lessor licensed under this Act;
42-9 (5) a person who conducts, promotes, or administers,
42-10 or assists in conducting, promoting, or administering bingo games
42-11 for which a license is required by this Act;
42-12 (6) a distributor required to be licensed under this
42-13 Act;
42-14 (7) a person who has had a license to manufacture,
42-15 distribute, or supply bingo equipment, devices, or supplies revoked
42-16 within the preceding year by any other state;
42-17 (8) an owner, officer, director, or shareholder of, or
42-18 holder of an equitable or credit interest in, another manufacturer
42-19 or distributor licensed or required to be licensed under this Act;
42-20 or
42-21 (9) a person, firm, or corporation:
42-22 (A) in which a person described by Subdivision
42-23 (1), (2), (3), (4), (5), (6), (7), or (8) of this subsection or in
42-24 which a person married or related in the first degree by
42-25 consanguinity or affinity to one of those persons has greater than
42-26 a 10 percent proprietary, equitable, or credit interest or in which
42-27 one of those persons is active or employed; or
43-1 (B) in whose application a person described by
43-2 Subdivision (1), (2), (3), (4), (5), (6), (7), or (8) of this
43-3 subsection is required to be named.
43-4 SECTION 62. Section 13b(c), Bingo Enabling Act (Article
43-5 179d, Vernon's Texas Civil Statutes), is amended to read as
43-6 follows:
43-7 (c) The following persons are not eligible for a license
43-8 under this section:
43-9 (1) a person convicted of a felony, criminal fraud,
43-10 gambling or gambling-related offense, or crime of moral turpitude,
43-11 if less than 10 years have elapsed since the termination of any
43-12 sentence, parole, [mandatory supervision,] or community supervision
43-13 [probation] served for the offense;
43-14 (2) a person who is or has been a professional gambler
43-15 or gambling promoter;
43-16 (3) an elected or appointed public officer or a public
43-17 employee;
43-18 (4) an owner, officer, director, shareholder, agent,
43-19 or employee of a commercial lessor licensed under this Act;
43-20 (5) a person who conducts, promotes, or administers,
43-21 or assists in conducting, promoting, or administering bingo games
43-22 for which a license is required by this Act;
43-23 (6) a manufacturer required to be licensed under this
43-24 Act;
43-25 (7) a person whose license to manufacture, distribute,
43-26 or supply bingo equipment, devices, or supplies has been revoked
43-27 within the past year by any other state;
44-1 (8) an owner, officer, director, shareholder, or
44-2 person having an equitable or credit interest in another
44-3 manufacturer or distributor licensed or required to be licensed
44-4 under this Act; or
44-5 (9) a person, firm, or corporation:
44-6 (A) in which a person described by Subdivision
44-7 (1), (2), (3), (4), (5), (6), (7), or (8) of this subsection or in
44-8 which a person married or related in the first degree by
44-9 consanguinity or affinity, as determined under Subchapter B,
44-10 Chapter 573, Government Code [Article 5996h, Revised Statutes], to
44-11 one of those persons has greater than a 10 percent proprietary,
44-12 equitable, or credit interest or in which one of those persons is
44-13 active or employed; or
44-14 (B) in whose application a person described by
44-15 Subdivision (1), (2), (3), (4), (5), (6), (7), or (8) of this
44-16 subsection is required to be named.
44-17 SECTION 63. Section 3(a), Private Investigators and Private
44-18 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
44-19 Statutes), is amended to read as follows:
44-20 (a) This Act does not apply to:
44-21 (1) a person employed exclusively and regularly by one
44-22 employer in connection with the affairs of an employer only and
44-23 where there exists an employer-employee relationship; provided,
44-24 however, any person who shall carry a firearm in the course of his
44-25 employment shall be required to obtain a private security officer
44-26 commission under the provisions of this Act;
44-27 (2) except as provided by Subsection (d) of this
45-1 Section, an officer or employee of the United States of America, or
45-2 of this State or political subdivision of either, while the
45-3 employee or officer is engaged in the performance of official
45-4 duties;
45-5 (3) a person who has full-time employment as a peace
45-6 officer, who receives compensation for private employment on an
45-7 individual or an independent contractor basis as a patrolman,
45-8 guard, or watchman if the officer:
45-9 (A) is employed in an employee-employer
45-10 relationship or employed on an individual contractual basis;
45-11 (B) is not in the employ of another peace
45-12 officer;
45-13 (C) is not a reserve peace officer; and
45-14 (D) works as a peace officer on the average of
45-15 at least 32 hours a week, is compensated by the state or a
45-16 political subdivision of the state at the rate of the minimum wage
45-17 or higher, and is entitled to all employee benefits offered to a
45-18 peace officer by the state or political subdivision;
45-19 (4) a person engaged exclusively in the business of
45-20 obtaining and furnishing information for purposes of credit
45-21 worthiness or collecting debts or ascertaining the financial
45-22 responsibility of applicants for property insurance and for
45-23 indemnity or surety bonds, with respect to persons, firms, and
45-24 corporations;
45-25 (5) an attorney-at-law in performing his duties;
45-26 (6) admitted insurers, insurance adjusters, agents,
45-27 and insurance brokers licensed by the State, performing duties in
46-1 connection with insurance transacted by them;
46-2 (7) a person who engages exclusively in the business
46-3 of repossessing property that is secured by a mortgage or other
46-4 security interest;
46-5 (8) a locksmith who does not install or service
46-6 detection devices, does not conduct investigations, and is not a
46-7 security service contractor;
46-8 (9) a person who owns and installs burglar detection
46-9 or alarm devices on his own property or, if he does not charge for
46-10 the device or its installation, installs it for the protection of
46-11 his personal property located on another's property, and does not
46-12 install the devices as a normal business practice on the property
46-13 of another;
46-14 (10) an employee of a cattle association who is
46-15 engaged in inspection of brands of livestock under the authority
46-16 granted to that cattle association by the Packers and Stockyards
46-17 Division of the United States Department of Agriculture;
46-18 (11) a common carrier by rail engaged in interstate
46-19 commerce and regulated by state and federal authorities and
46-20 transporting commodities essential to the national defense and to
46-21 the general welfare and safety of the community;
46-22 (12) a registered professional engineer practicing in
46-23 accordance with the provisions of the Texas Engineering Practice
46-24 Act that does not install or service detection devices, does not
46-25 conduct nonengineering investigations, is performing forensic
46-26 engineering studies, and is not a security services contractor;
46-27 (13) a person whose sale of burglar alarm signal
47-1 devices, burglary alarms, television cameras, still cameras, or
47-2 other electrical, mechanical, or electronic devices used for
47-3 preventing or detecting burglary, theft, shoplifting, pilferage, or
47-4 other losses is exclusively over-the-counter or by mail order;
47-5 (14) a person who holds a license or other form of
47-6 permission issued by an incorporated city or town to practice as an
47-7 electrician and who installs fire or smoke detectors in no building
47-8 other than a single family or multifamily residence;
47-9 (15) a person or organization in the business of
47-10 building construction that installs electrical wiring and devices
47-11 that may include in part the installation of a burglar alarm or
47-12 detection device if:
47-13 (A) the person or organization is a party to a
47-14 contract that provides that the installation will be performed
47-15 under the direct supervision of and inspected and certified by a
47-16 person or organization licensed to install and certify such an
47-17 alarm or detection device and that the licensee assumes full
47-18 responsibility for the installation of the alarm or detection
47-19 device; and
47-20 (B) the person or organization does not service
47-21 or maintain burglar alarms or detection devices;
47-22 (16) a reserve peace officer while the reserve officer
47-23 is performing guard, patrolman, or watchman duties for a county and
47-24 is being compensated solely by that county;
47-25 (17) response to a burglar alarm or detection device
47-26 by a law enforcement agency or by a law enforcement officer acting
47-27 in an official capacity;
48-1 (18) a person who, by education, experience, or
48-2 background has specialized expertise or knowledge such as that
48-3 which would qualify or tend to qualify such person as an expert
48-4 witness, authorized to render opinions in proceedings conducted in
48-5 a court, administrative agency, or governing body of this state or
48-6 of the United States, in accordance with applicable rules and
48-7 regulations and who does not perform any other service for which a
48-8 license is required by provisions of this Act;
48-9 (19) an officer, employee, or agent of a common
48-10 carrier, as defined by Section 153(10), Communications Act of 1934
48-11 (47 U.S.C.A. Sec. 151 et seq.), while protecting the carrier or a
48-12 user of the carrier's long-distance services from a fraudulent,
48-13 unlawful, or abusive use of those long-distance services;
48-14 (20) a person who sells or installs automobile burglar
48-15 alarm devices and that does not perform any other act that requires
48-16 a license under this Act;
48-17 (21) a manufacturer, or a manufacturer's authorized
48-18 distributor, who sells to the holder of a license under this Act
48-19 equipment used in the operations for which the holder is required
48-20 to be licensed;
48-21 (22) a person employed as a noncommissioned security
48-22 officer by a political subdivision of this state;
48-23 (23) a person whose activities are regulated under
48-24 Article 5.43-2, Insurance Code, except to the extent that those
48-25 activities are specifically regulated under this Act;
48-26 (24) a landman performing activities in the course and
48-27 scope of the landman's business;
49-1 (25) a hospital or a wholly owned subsidiary or
49-2 affiliate of a hospital that provides medical alert services for
49-3 persons who are sick or disabled, if the hospital, subsidiary, or
49-4 affiliate is licensed under Chapter 241, Health and Safety Code,
49-5 and the hospital does not perform any other service that requires a
49-6 license under this Act;
49-7 (26) a charitable, nonprofit organization that
49-8 provides medical alert services for persons who are sick or
49-9 disabled, if the organization:
49-10 (A) is exempt from taxation under Section
49-11 501(c)(3), Internal Revenue Code of 1986;
49-12 (B) has its monitoring services provided by a
49-13 licensed person, licensed nurse, licensed physician assistant, or
49-14 hospital or a wholly owned subsidiary or affiliate of a hospital
49-15 licensed under Chapter 241, Health and Safety Code; and
49-16 (C) does not perform any other service that
49-17 requires a license under this Act;
49-18 (27) a person engaged in the business of electronic
49-19 monitoring of a person as a condition of that person's community
49-20 supervision [probation], parole, [mandatory supervision,] or
49-21 release on bail, if the person does not perform any other service
49-22 that requires a license under this Act;
49-23 (28) a nonprofit business or civic organization that:
49-24 (A) employs one or more peace officers meeting
49-25 the qualifications of Subdivision (3) of this subsection as
49-26 patrolmen, guards, or watchmen;
49-27 (B) provides the services of these peace
50-1 officers only to:
50-2 (i) its members; or
50-3 (ii) if the organization does not have
50-4 members, the members of the communities served by the organization
50-5 as described in its articles of incorporation or other
50-6 organizational documents;
50-7 (C) devotes the net receipts from all charges
50-8 for the services exclusively to the cost of providing the services
50-9 or to the costs of other services for the enhancement of the
50-10 security or safety of:
50-11 (i) its members; or
50-12 (ii) if the organization does not have
50-13 members, the members of the communities served by the organization
50-14 as described in its articles of incorporation or other
50-15 organizational documents; and
50-16 (D) does not perform any other service that
50-17 requires a license under this Act;
50-18 (29) a charitable, nonprofit organization that
50-19 maintains a system of records to aid in the location of missing
50-20 children if the organization:
50-21 (A) is exempt from federal taxation under
50-22 Section 501(c)(3), Internal Revenue Code of 1986[, and its
50-23 subsequent amendments];
50-24 (B) exclusively provides services related to
50-25 locating missing children; and
50-26 (C) does not perform any other service that
50-27 requires a license under this Act;
51-1 (30) a person engaged in the business of psychological
51-2 testing or other testing and interviewing services (to include but
51-3 not limited to attitudes, honesty, intelligence, personality, and
51-4 skills) for preemployment purposes, if the person does not perform
51-5 any other service that requires a license under this Act;
51-6 (31) a person who does not perform any other act that
51-7 requires a license under this Act, and who is engaged in obtaining
51-8 information classified as a public record under Chapter 552,
51-9 Government Code, regardless of whether for compensation, unless the
51-10 person is a full-time employee, as defined by Section 61.001, Labor
51-11 Code, of a person licensed under this Act; or
51-12 (32) a person who obtains a document for use in
51-13 litigation under an authorization or subpoena issued for a written
51-14 or oral deposition.
51-15 SECTION 64. Section 4(e), Article 6252-13c, Revised
51-16 Statutes, is amended to read as follows:
51-17 (e) Upon a licensee's felony conviction, felony community
51-18 supervision [probation] revocation, or revocation of parole[, or
51-19 revocation of mandatory supervision], his license shall be revoked.
51-20 SECTION 65. Article 62.01(4), Code of Criminal Procedure, is
51-21 amended to read as follows:
51-22 (4) "Released" means discharged, paroled, placed in a
51-23 nonsecure community program for juvenile offenders, or placed on
51-24 juvenile probation or [,] community supervision[, or mandatory
51-25 supervision].
51-26 SECTION 66. Article 62.02(b), Code of Criminal Procedure, is
51-27 amended to read as follows:
52-1 (b) The department shall provide the Texas Department of
52-2 Criminal Justice, the Texas Youth Commission, the Juvenile
52-3 Probation Commission, and each local law enforcement authority,
52-4 county jail, and court with a form for registering persons required
52-5 by this chapter to register. The registration form shall require:
52-6 (1) the person's full name, each alias, date of birth,
52-7 sex, race, height, weight, eye color, hair color, social security
52-8 number, driver's license number, shoe size, and home address;
52-9 (2) a photograph of the person and a complete set of
52-10 the person's fingerprints;
52-11 (3) the type of offense the person was convicted of,
52-12 the age of the victim, the date of conviction, and the punishment
52-13 received;
52-14 (4) an indication as to whether the person is
52-15 discharged, paroled, or released on juvenile probation, or
52-16 community supervision[, or mandatory supervision]; and
52-17 (5) any other information required by the department.
52-18 SECTION 67. (a) In accordance with Section 311.031(c),
52-19 Government Code, which gives effect to a substantive amendment
52-20 enacted by the same legislature that codifies the amended statute,
52-21 the text of:
52-22 (1) Sections 508.001, 508.044(c) and (d), and
52-23 508.281(a), Government Code, as set out in Sections 2, 4, and 26 of
52-24 this Act, respectively, give effect to changes made by Chapter 161,
52-25 Acts of the 75th Legislature, Regular Session, 1997;
52-26 (2) Section 508.119(i), Government Code, as set out in
52-27 Section 6 of this Act, gives effect to changes made by Chapter 478,
53-1 Acts of the 75th Legislature, Regular Session, 1997;
53-2 (3) Section 508.181(g), Government Code, as set out in
53-3 Section 10 of this Act, gives effect to changes made by Chapter
53-4 836, Acts of the 75th Legislature, Regular Session, 1997;
53-5 (4) Section 508.181(h), Government Code, as set out in
53-6 Section 10 of this Act, gives effect to changes made by Chapter
53-7 480, Acts of the 75th Legislature, Regular Session, 1997;
53-8 (5) Section 508.186(a), Government Code, as set out in
53-9 Section 15 of this Act, gives effect to changes made by Chapter
53-10 668, Acts of the 75th Legislature, Regular Session, 1997;
53-11 (6) Section 508.223, Government Code, as set out in
53-12 Section 21 of this Act, gives effect to changes made by Chapters 1
53-13 and 188, Acts of the 75th Legislature, Regular Session, 1997; and
53-14 (7) Sections 508.281(a), 508.282(c), and 508.283,
53-15 Government Code, as set out in Sections 26, 27, and 28 of this Act,
53-16 respectively, give effect to changes made by Chapter 429, Acts of
53-17 the 75th Legislature, Regular Session, 1997.
53-18 (b) To the extent of any conflict, this Act prevails over
53-19 another Act of the 76th Legislature, Regular Session, 1999,
53-20 relating to nonsubstantive additions and corrections in enacted
53-21 codes.
53-22 SECTION 68. The change in law made by this Act applies only
53-23 to an inmate imprisoned in the institutional division of the Texas
53-24 Department of Criminal Justice who is released on or after the
53-25 effective date of this Act regardless of whether the offense was
53-26 committed before, on, or after the effective date of this Act,
53-27 except that this Act does not apply to an inmate imprisoned for an
54-1 offense committed before August 29, 1977. The change in law made
54-2 by this Act does not affect the validity of the release of an
54-3 inmate who was released before the effective date of this Act.
54-4 SECTION 69. This Act takes effect September 1, 1999.
54-5 SECTION 70. The importance of this legislation and the
54-6 crowded condition of the calendars in both houses create an
54-7 emergency and an imperative public necessity that the
54-8 constitutional rule requiring bills to be read on three several
54-9 days in each house be suspended, and this rule is hereby suspended.