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  By: Hegar S.B. No. 1522
 
  (Herrero)
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the procedures applicable to the revocation of a
  person's release on parole or to mandatory supervision.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (c), Section 508.251, Government
  Code, is amended to read as follows:
         (c)  Instead of the issuance of a warrant under this section,
  the division:
               (1)  may issue to the person a summons requiring the
  person to appear for a hearing under Section 508.281 if the person
  is not a releasee who is:
                     (A)  on intensive supervision or superintensive
  supervision;
                     (B)  an absconder; or
                     (C)  determined by the division to be a threat to
  public safety; and
               (2)  shall issue to the person a summons requiring the
  person to appear for a hearing under Section 508.281 if the person:
                     (A)  is charged only with committing an
  administrative violation of release [that is alleged to have been
  committed after the third anniversary of the date the person was
  released on parole or to mandatory supervision];
                     (B)  is not serving a sentence for, and has not
  been previously convicted of:
                           (i)  [,] an offense listed in or described by
  Article 62.001(5), Code of Criminal Procedure;
                           (ii)  an offense under Chapter 29, Penal
  Code, or an offense under Title 5, Penal Code, punishable as a
  felony; or
                           (iii)  an offense involving family violence,
  as defined by Section 71.004, Family Code; and
                     (C)  is not a releasee with respect to whom a
  summons may not be issued under Subdivision (1).
         SECTION 2.  Section 508.281, Government Code, is amended by
  adding Subsection (a-1) and amending Subsection (c) to read as
  follows:
         (a-1)  A hearing for a releasee appearing in response to a
  summons may not be held in a county jail without the consent of the
  sheriff of the applicable county.
         (c)  If a [hearing before a] designated agent of the board
  determines that [is held under this section for] a releasee who
  appears in compliance with a summons[, the sheriff of the county in
  which the releasee is required to appear shall provide the
  designated agent with a place at the county jail to hold the
  hearing. Immediately on conclusion of a hearing in which the
  designated agent determines that a releasee] has violated a
  condition of release, the agent shall notify the board. After the
  board or a parole panel makes a final determination regarding the
  violation, the division may issue a warrant [may be issued]
  requiring the releasee to be held in a [the] county jail pending[:
               [(1)     the action of a parole panel on any
  recommendations made by the designated agent; and
               [(2)  if subsequently ordered by the parole panel,] the
  return of the releasee to the institution from which the releasee
  was released.
         SECTION 3.  The change in law made by this Act in amending
  Section 508.251, Government Code, applies only to a releasee for
  whom a warrant or summons is issued on or after the effective date
  of this Act. A releasee for whom a warrant or summons is issued
  before the effective date of this Act is governed by the law in
  effect on the date the warrant or summons was issued, and the former
  law is continued in effect for that purpose.
         SECTION 4.  The change in law made by this Act in amending
  Section 508.281, Government Code, applies only to a hearing held on
  or after the effective date of this Act. A hearing held before the
  effective date of this Act is governed by the law in effect on the
  date the hearing was held, and the former law is continued in effect
  for that purpose.
         SECTION 5.  This Act takes effect September 1, 2013.