84R11166 JRR-D
 
  By: Huberty H.B. No. 2640
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the cost of confinement and imprisonment of persons not
  lawfully present in the United States and reimbursement from the
  federal government for that cost.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 403, Government Code, is
  amended by adding Section 403.0306 to read as follows:
         Sec. 403.0306.  COST OF CONFINEMENT OR IMPRISONMENT; REQUEST
  FOR REIMBURSEMENT. (a) Not later than the 20th day of each month,
  the comptroller shall determine the total cost incurred during the
  preceding month by the state and each county to confine or imprison
  persons who are not lawfully present in the United States. The
  comptroller shall obtain this information from the Texas Department
  of Criminal Justice and the Commission on Jail Standards.
         (b)  Not later than the last day of each month, based on the
  information obtained under Subsection (a), the comptroller shall
  make a written request to the United States Congress for
  reimbursement of the total cost incurred during the preceding month
  by the state and each county to confine or imprison persons who are
  not lawfully present in the United States.
         (c)  The comptroller may adopt rules as necessary to
  implement this section, including rules governing the distribution
  to the state and each county of any funds received from the federal
  government for the purpose of reimbursing the state and each county
  for the costs of confining or imprisoning persons who are not
  lawfully present in the United States.
         SECTION 2.  Chapter 493, Government Code, is amended by
  adding Section 493.0152 to read as follows:
         Sec. 493.0152.  COST OF CONFINEMENT OR IMPRISONMENT OF
  PERSONS NOT LAWFULLY PRESENT IN UNITED STATES. Not later than the
  fifth day of each month, the department shall determine the total
  cost incurred during the preceding month by the state, for which
  federal funds have not been received under Section 493.015, to
  confine or imprison in a facility operated by or under contract with
  the department persons who are not lawfully present in the United
  States.
         SECTION 3.  Section 511.0101(a), Government Code, is amended
  to read as follows:
         (a)  Each county shall submit to the commission on or before
  the fifth day of each month a report containing the following
  information:
               (1)  the number of prisoners confined in the county
  jail on the first day of the month, classified on the basis of the
  following categories:
                     (A)  total prisoners;
                     (B)  pretrial Class C misdemeanor offenders;
                     (C)  pretrial Class A and B misdemeanor offenders;
                     (D)  convicted misdemeanor offenders;
                     (E)  felony offenders whose penalty has been
  reduced to a misdemeanor;
                     (F)  pretrial felony offenders;
                     (G)  convicted felony offenders;
                     (H)  prisoners detained on bench warrants;
                     (I)  prisoners detained for parole violations;
                     (J)  prisoners detained for federal officers;
                     (K)  prisoners awaiting transfer to the
  institutional division of the Texas Department of Criminal Justice
  following conviction of a felony or revocation of probation,
  parole, or release on mandatory supervision and for whom paperwork
  and processing required for transfer have been completed;
                     (L)  prisoners detained after having been
  transferred from another jail and for whom the commission has made a
  payment under Subchapter F, Chapter 499, Government Code;
                     (M)  prisoners who are not lawfully present in the
  United States [for whom an immigration detainer has been issued by
  United States Immigration and Customs Enforcement]; and
                     (N)  other prisoners;
               (2)  the total capacity of the county jail on the first
  day of the month;
               (3)  the total number of prisoners who were confined in
  the county jail during the preceding month, based on a count
  conducted on each day of that month, who were known or had been
  determined to be pregnant;
               (4)  the total cost to the county during the preceding
  month of housing prisoners described by Subdivision (1)(M),
  calculated based on the average daily cost of housing a prisoner in
  the county jail; and
               (5)  certification by the reporting official that the
  information in the report is accurate.
         SECTION 4.  The comptroller of public accounts of the State
  of Texas shall make the first determination required by Section
  403.0306, Government Code, as added by this Act, not later than
  October 20, 2015, and the Texas Department of Criminal Justice
  shall make the first determination required by Section 493.0152,
  Government Code, as added by this Act, not later than October 5,
  2015.
         SECTION 5.  This Act takes effect September 1, 2015.