1-1                                   AN ACT
 1-2     relating to the transfer of a defendant from county jail to the
 1-3     institutional division of the Texas Department of Criminal Justice
 1-4     pending an appeal by the defendant.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Section 4, Article 42.09, Code of Criminal
 1-7     Procedure, is amended to read as follows:
 1-8           Sec. 4.  If a defendant is convicted of a felony, is eligible
 1-9     for release on bail pending appeal under Article 44.04(b), and [his
1-10     sentence is a term of ten years or less and he] gives notice of
1-11     appeal, he shall be transferred to the institutional division of
1-12     the Texas Department of Criminal Justice on a commitment pending a
1-13     mandate from the court of appeals or the Court of Criminal Appeals
1-14     upon request in open court or upon written request to the
1-15     sentencing court.  Upon a valid transfer to the institutional
1-16     division under this section, the defendant may not thereafter be
1-17     released on bail pending his appeal.
1-18           SECTION 2. This Act takes effect immediately if it receives a
1-19     vote of two-thirds of all the members elected to each house, as
1-20     provided by Section 39, Article III, Texas Constitution.  If this
1-21     Act does not receive the vote necessary for immediate effect, this
1-22     Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 261 was passed by the House on March
         29, 2001, by the following vote:  Yeas 146, Nays 0, 2 present, not
         voting; and that the House concurred in Senate amendments to H.B.
         No. 261 on May 9, 2001, by the following vote:  Yeas 142, Nays 0, 1
         present, not voting.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 261 was passed by the Senate, with
         amendments, on May 4, 2001, by the following vote:  Yeas 29, Nays
         0, 1 present, not voting.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor