82R12078 MAW-D

By: Otto H.B. No. 3649

A BILL TO BE ENTITLED

AN ACT

relating to state fiscal matters related to law enforcement and criminal justice.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

ARTICLE 1. REDUCTION OF EXPENDITURES AND IMPOSITION OF CHARGES

GENERALLY

SECTION 1.01. This article applies to any state agency that receives an appropriation under Article V of the General Appropriations Act.

SECTION 1.02. Notwithstanding any other statute of this state, each state agency to which this article applies is authorized to reduce or recover expenditures by:

(1) consolidating any reports or publications the agency is required to make and filing or delivering any of those reports or publications exclusively by electronic means;

(2) extending the effective period of any license, permit, or registration the agency grants or administers;

(3) entering into a contract with another governmental entity or with a private vendor to carry out any of the agency's duties;

(4) adopting additional eligibility requirements for persons who receive benefits under any law the agency administers to ensure that those benefits are received by the most deserving persons consistent with the purposes for which the benefits are provided;

(5) providing that any communication between the agency and another person and any document required to be delivered to or by the agency, including any application, notice, billing statement, receipt, or certificate, may be made or delivered by e-mail or through the Internet; and

(6) adopting and collecting fees or charges to cover any costs the agency incurs in performing its lawful functions.

ARTICLE 2. FISCAL MATTERS REGARDING THEFT PREVENTION

SECTION 2.01. Section 6, Article 4413(37), Revised Statutes, is amended by adding Subsections (j) and (k) to read as follows:

(j) The authority shall:

(1) develop and use standard performance measures for each category of grants provided by the authority in order to assess grantee success in achieving the purposes of this article; and

(2) ensure that grants are used to help increase:

(A) the recovery rate of stolen motor vehicles;

(B) the clearance rate of motor vehicle burglaries and thefts; and

(C) the number of persons arrested for motor vehicle burglary and theft.

(k) The authority shall allocate grant funds primarily based on the number of motor vehicles stolen in, or the motor vehicle burglary or theft rate across, the state rather than based on geographic distribution.

SECTION 2.02. Section 7(a), Article 4413(37), Revised Statutes, is amended to read as follows:

(a) The authority shall develop and implement a plan of operation. The plan of operation must be updated biennially and filed with the legislature on or before December 1 of each even-numbered year.

SECTION 2.03. Section 9(a), Article 4413(37), Revised Statutes, is amended to read as follows:

(a) The Department of Public Safety may administer [authority shall develop] a statewide motor vehicle registration program [to be administered by the Department of Public Safety]. This section applies only if the Department of Public Safety administers the program.

SECTION 2.04. Section 9, Article 4413(37), Revised Statutes, is amended by adding Subsection (h) to read as follows:

(h) The Department of Public Safety shall collect data regarding theft rates and types of motor vehicles enrolled in the program, the recovery rate for stolen motor vehicles enrolled in the program, and the clearance rate of burglaries and thefts of motor vehicles enrolled in the program.

SECTION 2.05. Sections 6(j) and (k), Article 4413(37), Revised Statutes, as added by this article, apply only in relation to a grant for which the notice of funds availability or of funding opportunity is made public on or after the effective date of this article.

ARTICLE 3. FISCAL MATTERS REGARDING MUNICIPAL AND COUNTY JAILS

SECTION 3.01. Section 511.0091(c-1), Government Code, is amended to read as follows:

(c-1) In addition to the other fees authorized by this section, the commission may set and collect a reasonable fee to cover the cost of the commission performing any reinspection of a municipal or county jail described by Subsection (a) that is [conducted by the commission]:

(1) required under the laws of this state or commission rules; or [following a determination by the commission that the jail is not in compliance with minimum standards; and]

(2) in response to a request by the operator of the jail for an inspection.

SECTION 3.02. Sections 511.0091(b) and (c), Government Code, are repealed.

SECTION 3.03. Section 511.0091, Government Code, as amended by this article, applies only to an inspection or reinspection conducted on or after the effective date of this article. An inspection or reinspection conducted before the effective date of this article is governed by the law in effect immediately before the effective date of this article, and the former law is continued in effect for that purpose.

ARTICLE 4. FISCAL MATTERS REGARDING PERSONS CONFINED OR

SUPERVISED AFTER CONVICTION OF A CRIMINAL OFFENSE

SECTION 4.01. Subchapter E, Chapter 508, Government Code, is amended by adding Section 508.1491 to read as follows:

Sec. 508.1491. SUPERVISED REENTRY PROGRAM. (a) This section applies to an inmate who is eligible for release on parole but who has not been released on parole or to mandatory supervision under this chapter before the date described by Subsection (b).

(b) A parole panel shall order the release of an inmate to the supervised reentry program described by Subsection (c) on the later of the following dates, as determined by the actual calendar time the inmate has served, without consideration of good conduct time:

(1) one year before the date on which the inmate will discharge the inmate's sentence; or

(2) the date on which the inmate will have served 90 percent of the inmate's sentence.

(c) The department, before an inmate is released under Subsection (b), shall make arrangements for the inmate's supervised reentry into the community. The inmate's supervised reentry program must:

(1) provide the inmate with skills necessary to ensure the successful reentry of the inmate into the community, including providing the inmate with appropriate substance abuse treatment, counseling, and other social service programs; and

(2) be coordinated with any programs in which the inmate is or will be participating or services the inmate is or will be receiving through:

(A) the comprehensive reentry and reintegration plan under Section 501.092;

(B) the reentry program for long-term inmates under Section 501.096; or

(C) the reintegration services provided under Section 501.097.

(d) A parole panel releasing an inmate under Subsection (b) shall impose conditions that require the inmate to participate fully in all treatment and counseling programs provided by the department and may impose any other conditions determined by the panel to be appropriate. An inmate who fails to comply with a condition imposed under this subsection is subject to revocation or other sanctions in the same manner and under the same procedures as an inmate who fails to comply with conditions of parole or mandatory supervision.

(e) The period of supervised reentry is computed by subtracting from the term for which the inmate was sentenced the calendar time served on the sentence. The time served on supervised reentry is computed as calendar time.

(f) If an inmate's participation in the supervised reentry program is revoked, the remaining portion of the inmate's sentence is computed with credit for any time the inmate served in the program.

SECTION 4.02. Sections 509.011(a) and (e), Government Code, are amended to read as follows:

(a) If the division determines that a department complies with division standards and if the community justice council has submitted a community justice plan under Section 76.003 and the supporting information required by the division and the division determines the plan and supporting information are acceptable, the division shall prepare and submit to the comptroller vouchers for payment to the department as follows:

(1) for per capita funding, a per diem amount for each felony defendant directly supervised by the department pursuant to lawful authority; and

(2) [for per capita funding, a per diem amount for a period not to exceed 182 days for each defendant supervised by the department pursuant to lawful authority, other than a felony defendant; and

[(3)] for formula funding, an annual amount as computed by multiplying a percentage determined by the allocation formula established under Subsection (f) times the total amount provided in the General Appropriations Act for payments under this subdivision.

(e) In establishing per diem payments authorized by Subsection [Subsections] (a)(1) [and (a)(2)], the division shall consider the amounts appropriated in the General Appropriations Act for basic supervision as sufficient to provide basic supervision in each year of the fiscal biennium.

SECTION 4.03. The following are repealed:

(1) Section 8, Article 42.12, Code of Criminal Procedure; and

(2) Section 499.052, Government Code.

SECTION 4.04. (a) On and after the effective date of this article:

(1) a judge may not recommend a person for placement in the state boot camp program under Section 499.052, Government Code; and

(2) a participant in the state boot camp program remains a participant in the program only until the later of the following dates:

(A) the date on which the convicting court suspends further execution of the sentence and reassumes custody of the person; or

(B) the date on which the Texas Department of Criminal Justice transfers the person to another unit in the department.

(b) Section 8, Article 42.12, Code of Criminal Procedure, and Section 499.052, Government Code, repealed by this article, are continued in effect for the limited purpose of the orderly abolition of the state boot camp program created by those provisions.

(c) Section 508.1491, Government Code, as added by this article, applies to any inmate serving a term of imprisonment in the Texas Department of Criminal Justice on or after the effective date of this article, regardless of when the inmate was sentenced to serve that term.

(d) Sections 509.011(a) and (e), Government Code, as amended by this article, apply to appropriations made for any state fiscal year beginning on or after September 1, 2011.

ARTICLE 5. FISCAL MATTERS REGARDING ALCOHOLIC

BEVERAGE REGULATION

SECTION 5.01. Section 5.56, Alcoholic Beverage Code, is repealed.

ARTICLE 6. EFFECTIVE DATE

SECTION 6.01. This Act takes effect September 1, 2011.