Bill Text: TX HB1965 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to providing children committed to the Texas Juvenile Justice Department and prisoners serving a sentence in a county jail with certain documents on discharge or release; authorizing a fee.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2023-03-08 - Referred to County Affairs [HB1965 Detail]
Download: Texas-2023-HB1965-Introduced.html
88R6125 CJD-D | ||
By: Plesa | H.B. No. 1965 |
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relating to providing children committed to the Texas Juvenile | ||
Justice Department and prisoners serving a sentence in a county | ||
jail with certain documents on discharge or release; authorizing a | ||
fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 245.0536(b), Human Resources Code, is | ||
amended to read as follows: | ||
(b) The department shall submit a request under Subsection | ||
(a)(2) on intake of the child [ |
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the department to receive the personal identification certificate | ||
before the department releases or discharges the child and to | ||
provide the child with the personal identification certificate when | ||
the department releases or discharges the child. | ||
SECTION 2. Section 245.0537(b), Human Resources Code, is | ||
amended to read as follows: | ||
(b) The department shall submit a request under Subsection | ||
(a)(2) on intake of the child [ |
||
the department to receive the applicable document before the | ||
department releases or discharges the child and to provide the | ||
child with the applicable document when the department releases or | ||
discharges the child. | ||
SECTION 3. 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 must: | ||
(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) on intake of the prisoner 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 charge a prisoner for the actual costs | ||
incurred under this section or the fees required by Section | ||
521.421, Transportation Code. | ||
(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) on intake of the prisoner 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 4. Section 521.421(a-1), Transportation Code, is | ||
amended to read as follows: | ||
(a-1) The fee for a personal identification certificate | ||
issued under Section 501.0165, Government Code, Section 841.153, | ||
Health and Safety Code, [ |
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Code, or Section 351.049, Local Government Code, or for a driver's | ||
license under Section 521.1421 of this code is $5. | ||
SECTION 5. Sections 351.049 and 351.050, Local Government | ||
Code, as added by this Act, apply 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 6. 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. |