1-1                                   AN ACT
 1-2     relating to the discharge from jail of a misdemeanant who is jailed
 1-3     to satisfy fines and costs.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Article 45.048, Code of Criminal Procedure, is
 1-6     amended to read as follows:
 1-7           Art. 45.048.  DISCHARGED FROM JAIL.  (a)  A defendant placed
 1-8     in jail on account of failure to pay the fine and costs shall be
 1-9     discharged on habeas corpus by showing that the defendant:
1-10                 (1)  is too poor to pay the fine and costs; or
1-11                 (2)  has remained in jail a sufficient length of time
1-12     to satisfy the fine and costs, at the rate of not less than $100
1-13     for each period of time [day or part of a day of jail time] served,
1-14     as specified by the convicting court in the judgment in the case.
1-15           (b)  A convicting court may specify a period of time that is
1-16     not less than eight hours or more than 24 hours as the period for
1-17     which a defendant who fails to pay the fines and costs in the case
1-18     must remain in jail to satisfy $100 of the fine and costs.
1-19           SECTION 2.  (a)  The change in law made by this Act applies
1-20     only to a defendant serving a sentence for an offense committed on
1-21     or after the effective date of this Act.  For purposes of this
1-22     section, an offense is committed before the effective date of this
1-23     Act if any element of the offense occurs before the effective date.
1-24           (b)  A defendant serving a sentence for an offense committed
 2-1     before the effective date of this Act is covered by the law in
 2-2     effect when the offense was committed, and the former law is
 2-3     continued in effect for that purpose.
 2-4           SECTION 3.  This Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 1955 was passed by the House on May
         5, 2001, by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 1955 was passed by the Senate on May
         22, 2001, by the following vote:  Yeas 30, Nays 0, 1 present, not
         voting.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor