HBA-RBT H.B. 49 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 49
By: Cuellar
Corrections
2/18/1999
Introduced


BACKGROUND & PURPOSE 

Operating and maintaining jails is a costly endeavor, falling on state and
county taxpayers. Currently, inmates are not liable for the cost of their
incarceration in the Institutional Division of the Texas Department of
Criminal Justice or in a county jail.  H.B. 49 makes these inmates
responsible for the cost of their food, housing, and any program in which
the inmate participates.  This measure allows the correctional authority
the latitude to enter into an agreement with the inmate to allow the inmate
to work off the costs through community service, work after release, or to
waive the costs entirely.  It also requires the Texas Board of Criminal
Justice and the various commissioners courts to adopt rules to implement
this Act. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Board of Criminal Justice in
SECTION 1 (Section 501.0171, Government Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter A, Chapter 501, Government Code, by adding
Section 501.0171, as follows: 

Sec.  501.0171.  INMATE'S LIABILITY FOR COST OF CONFINEMENT.  Provides that
an inmate of the Institutional Division of the Texas Department of Criminal
Justice (institutional division) is liable for the cost of the inmate's
confinement, including the cost of food, housing, and any program in which
the inmate participates.  Authorizes the institutional division to enter
into an agreement with an inmate to allow the inmate to perform community
service or work in exchange for all or part of the cost.  Authorizes the
institutional division to waive an inmate's liability for the cost of
confinement, if the institutional division determines that it is in the
best interest of the inmate and the public. Requires the Texas Board of
Criminal Justice to adopt rules necessary to implement this Chapter. 

SECTION 2.  Amends Section 104.002, Code of Criminal Procedure, by adding
Subsection (e), as follows: 

Sec.  104.002.  Requires a county to require an inmate to pay for the cost
of the inmate's confinement, including food, housing and any programs in
which the inmate participates. Authorizes the county to enter into an
agreement with an inmate to allow the inmate to perform community service
or work in exchange for all or part of the cost.  Authorizes a county to
waive an inmate's liability for the cost of confinement, if the county
determines that it is in the best interest of the inmate and the public.
Requires the commissioners court to adopt rules necessary to implement this
subsection. 

SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Effective date:  September 1,1999.

SECTION 5.  Emergency clause.