Bill Text: TX HB310 | 2015-2016 | 84th Legislature | Introduced

---

Bill Title: Relating to the cost of confinement and imprisonment of persons not lawfully present in the United States and reimbursement from the federal government for that cost.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2015-02-12 - Referred to State Affairs [HB310 Detail]

Download: Texas-2015-HB310-Introduced.html

---

84R239 JRR-D
By: White of Tyler H.B. No. 310

A BILL TO BE ENTITLED
AN ACT
relating to the cost of confinement and imprisonment of persons not
lawfully present in the United States and reimbursement from the
federal government for that cost.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 403, Government Code, is
amended by adding Section 403.0306 to read as follows:
Sec. 403.0306. COST OF CONFINEMENT OR IMPRISONMENT; REQUEST
FOR REIMBURSEMENT. (a) Not later than December 31 of each year, the
comptroller shall determine the total cost incurred during the
preceding state fiscal year by the state and each county to confine
or imprison persons who are not lawfully present in the United
States. The comptroller shall obtain this information from the
Texas Department of Criminal Justice and the Commission on Jail
Standards.
(b) Not later than March 31 of each year, based on the
information obtained under Subsection (a), the comptroller shall
make a written request to the United States Congress for
reimbursement of the total cost incurred during the preceding state
fiscal year by the state and each county to confine or imprison
persons who are not lawfully present in the United States.
(c) The comptroller may adopt rules as necessary to
implement this section.
SECTION 2. Chapter 493, Government Code, is amended by
adding Section 493.0152 to read as follows:
Sec. 493.0152. COST OF CONFINEMENT OR IMPRISONMENT OF
PERSONS NOT LAWFULLY PRESENT IN UNITED STATES. Not later than
December 1 of each year, the department shall determine the total
cost incurred during the preceding state fiscal year by the state,
for which federal funds have not been received under Section
493.015, to confine or imprison in a facility operated by or under
contract with the department persons who are not lawfully present
in the United States.
SECTION 3. Section 511.0101(a), Government Code, is amended
to read as follows:
(a) Each county shall submit to the commission on or before
the fifth day of each month a report containing the following
information:
(1) the number of prisoners confined in the county
jail on the first day of the month, classified on the basis of the
following categories:
(A) total prisoners;
(B) pretrial Class C misdemeanor offenders;
(C) pretrial Class A and B misdemeanor offenders;
(D) convicted misdemeanor offenders;
(E) felony offenders whose penalty has been
reduced to a misdemeanor;
(F) pretrial felony offenders;
(G) convicted felony offenders;
(H) prisoners detained on bench warrants;
(I) prisoners detained for parole violations;
(J) prisoners detained for federal officers;
(K) prisoners awaiting transfer to the
institutional division of the Texas Department of Criminal Justice
following conviction of a felony or revocation of probation,
parole, or release on mandatory supervision and for whom paperwork
and processing required for transfer have been completed;
(L) prisoners detained after having been
transferred from another jail and for whom the commission has made a
payment under Subchapter F, Chapter 499, Government Code;
(M) prisoners who are not lawfully present in the
United States [for whom an immigration detainer has been issued by
United States Immigration and Customs Enforcement]; and
(N) other prisoners;
(2) the total capacity of the county jail on the first
day of the month;
(3) the total number of prisoners who were confined in
the county jail during the preceding month, based on a count
conducted on each day of that month, who were known or had been
determined to be pregnant;
(4) the total cost to the county during the preceding
month of housing prisoners described by Subdivision (1)(M),
calculated based on the average daily cost of housing a prisoner in
the county jail; and
(5) certification by the reporting official that the
information in the report is accurate.
SECTION 4. The comptroller of public accounts of the State
of Texas shall make the first determination required by Section
403.0306, Government Code, as added by this Act, not later than
December 31, 2016, and the Texas Department of Criminal Justice
shall make the first determination required by Section 493.0152,
Government Code, as added by this Act, not later than December 1,
2016.
SECTION 5. This Act takes effect September 1, 2015.