Bill Text: TX HB1428 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to providing prisoners serving a sentence in a county jail with certain documents on discharge.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-04-19 - Left pending in committee [HB1428 Detail]
Download: Texas-2023-HB1428-Introduced.html
88R6444 MZM-D | ||
By: Campos | H.B. No. 1428 |
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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 351.049 and 351.050 to read as | ||
follows: | ||
Sec. 351.049. 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. 351.050. PROVIDING DISCHARGED PRISONER WITH BIRTH | ||
CERTIFICATE AND SOCIAL SECURITY CARD. (a) In addition to | ||
complying with the requirements of Section 351.049, 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, | ||
2023. 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, 2023. |