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A BILL TO BE ENTITLED
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AN ACT
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relating to the confinement in a county jail of certain defendants |
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who are incompetent to stand trial and to the compensation to the |
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county for the costs of that confinement and of the provision of |
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jail-based competency restoration services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 46B, Code of Criminal |
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Procedure, is amended by adding Article 46B.014 to read as follows: |
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Art. 46B.014. TRANSFER TO COMMISSION; COMPENSATION TO |
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COUNTIES. (a) The commission shall take custody of a defendant |
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awaiting transfer under an order issued under Article 46B.073 to a |
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facility operated by or under contract with the commission, not |
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later than the 45th day following the date the order is issued. |
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(b) If the commission does not take custody of a defendant |
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within the period prescribed by Subsection (a), the commission |
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shall compensate the county for the cost of confinement for each day |
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that the defendant remains confined in the county jail following |
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the expiration of that period. The compensation must be equal to |
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the amount that would have been incurred by the commission to |
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confine the defendant for that period. |
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SECTION 2. Article 46B.091, Code of Criminal Procedure, is |
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amended by adding Subsection (n) to read as follows: |
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(n) A county is entitled to compensation from the commission |
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for providing jail-based competency restoration services under |
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this article. Not later than the 15th day of each quarter of a |
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county's fiscal year, the county judge shall certify to the |
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comptroller of public accounts the amount of the county's expenses |
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that were incurred during the preceding fiscal quarter for |
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jail-based competency restoration services. The comptroller shall |
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issue a warrant in that amount to the commissioners court of the |
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county. |
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SECTION 3. Article 46B.014, Code of Criminal Procedure, as |
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added by this Act, applies only to compensation to a county for the |
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cost of a defendant's confinement that occurs on or after January 1, |
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2026, regardless of whether the order of commitment is issued |
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before, on, or after that date. |
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SECTION 4. Article 46B.091, Code of Criminal Procedure, as |
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amended by this Act, applies only with respect to jail-based |
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competency restoration services provided to a defendant on or after |
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January 1, 2026. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |