82R10477 KCR-D
 
  By: Allen H.B. No. 2649
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the award of diligent participation credit to
  defendants confined in a state jail felony facility.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 15(h), Article 42.12, Code of Criminal
  Procedure, is amended by amending Subdivision (1) and adding
  Subdivision (4) to read as follows:
               (1)  A defendant confined in a state jail felony
  facility does not earn good conduct time for time served in the
  facility but may be awarded diligent participation credit in
  accordance with Subdivision (4).
               (4)  A judge may credit against any time a defendant is
  required to serve in a state jail felony facility an additional time
  for each day the defendant actually serves in the facility for the
  defendant's diligent participation in an industrial, work,
  agricultural, educational, or vocational program provided to
  defendants confined in the facility.  A time credit under this
  subdivision may not exceed one-fifth of the amount of time the
  defendant is originally required to serve in the facility.  A
  defendant may not be awarded a credit under this subdivision for any
  period during which the defendant is subject to disciplinary
  action.
         SECTION 2.  The change in law made by this Act applies to a
  person confined in a state jail felony facility on or after the
  effective date of this Act, regardless of when the offense for which
  the person is serving a sentence was committed.
         SECTION 3.  This Act takes effect September 1, 2011.