| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to providing prisoners serving a sentence in a county jail |
|
|
with certain documents on discharge. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter C, Chapter 351, Local Government |
|
|
Code, is amended by adding Sections 351.048 and 351.049 to read as |
|
|
follows: |
|
|
Sec. 351.048. PROVIDING DISCHARGED PRISONER WITH |
|
|
STATE-ISSUED IDENTIFICATION. (a) Before discharging a prisoner |
|
|
serving a sentence in a county jail, the sheriff of the county |
|
|
shall: |
|
|
(1) determine whether the prisoner has: |
|
|
(A) a valid license issued under Chapter 521 or |
|
|
522, Transportation Code; or |
|
|
(B) a valid personal identification certificate |
|
|
issued under Chapter 521, Transportation Code; and |
|
|
(2) if the prisoner does not have a valid license or |
|
|
certificate described by Subdivision (1), submit to the Department |
|
|
of Public Safety on behalf of the prisoner a request for the |
|
|
issuance of a personal identification certificate under Chapter |
|
|
521, Transportation Code. |
|
|
(b) The sheriff shall submit a request under Subsection |
|
|
(a)(2) as soon as is practicable to enable the sheriff to provide |
|
|
the prisoner with the personal identification certificate when the |
|
|
prisoner is discharged from the county jail. |
|
|
(c) The Commission on Jail Standards, the Department of |
|
|
Public Safety, and the vital statistics unit of the Department of |
|
|
State Health Services shall adopt a memorandum of understanding |
|
|
that establishes the respective responsibilities of a sheriff, the |
|
|
Department of Public Safety, and the Department of State Health |
|
|
Services with respect to the issuance of a personal identification |
|
|
certificate to a prisoner serving a sentence in a county jail, |
|
|
including responsibilities related to verification of the |
|
|
prisoner's identity. The memorandum of understanding must require |
|
|
the Department of State Health Services to electronically verify |
|
|
the birth record of a prisoner whose name and any other personal |
|
|
information is provided by the sheriff and to electronically report |
|
|
the recorded filing information to the Department of Public Safety |
|
|
to validate the identity of a prisoner under this section. |
|
|
(d) The sheriff or commissioners court of the county shall |
|
|
reimburse the Department of Public Safety or the Department of |
|
|
State Health Services for the actual costs incurred by those |
|
|
agencies in performing responsibilities established under this |
|
|
section. The sheriff may not charge a prisoner any fee relating to |
|
|
the costs incurred under this section. |
|
|
(e) This section does not apply to a prisoner who: |
|
|
(1) is not legally present in the United States; or |
|
|
(2) was not a resident of this state before the |
|
|
prisoner was placed in the custody of the sheriff. |
|
|
Sec. 351.049. PROVIDING DISCHARGED PRISONER WITH BIRTH |
|
|
CERTIFICATE AND SOCIAL SECURITY CARD. (a) In addition to |
|
|
complying with the requirements of Section 351.048, before |
|
|
discharging a prisoner serving a sentence in a county jail, the |
|
|
sheriff of the county must: |
|
|
(1) determine whether the prisoner has a: |
|
|
(A) certified copy of the prisoner's birth |
|
|
certificate; and |
|
|
(B) copy of the prisoner's social security card; |
|
|
and |
|
|
(2) if the prisoner does not have a document described |
|
|
by Subdivision (1), submit to the appropriate entity on behalf of |
|
|
the prisoner a request for the issuance of the applicable document. |
|
|
(b) The sheriff shall submit a request under Subsection |
|
|
(a)(2) as soon as is practicable to enable the sheriff to provide |
|
|
the prisoner with the applicable document when the prisoner is |
|
|
discharged from the county jail. |
|
|
(c) This section does not apply to a prisoner who: |
|
|
(1) is not legally present in the United States; or |
|
|
(2) was not a resident of this state before the |
|
|
prisoner was placed in the custody of the sheriff. |
|
|
SECTION 2. The change in law made by this Act applies only |
|
|
to the discharge of a prisoner that occurs on or after December 1, |
|
|
2021. A discharge that occurs before that date is governed by the |
|
|
law in effect immediately before the effective date of this Act, and |
|
|
the former law is continued in effect for that purpose. |
|
|
SECTION 3. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2021. |