Bill Text: TX HB3649 | 2011-2012 | 82nd Legislature | Introduced

---

Bill Title: Relating to state fiscal matters related to law enforcement and criminal justice.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-04-18 - Reported favorably as substituted [HB3649 Detail]

Download: Texas-2011-HB3649-Introduced.html

---

82R12078 MAW-D
By: Otto H.B. No. 3649

A BILL TO BE ENTITLED
AN ACT
relating to state fiscal matters related to law enforcement and
criminal justice.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. REDUCTION OF EXPENDITURES AND IMPOSITION OF CHARGES
GENERALLY
SECTION 1.01. This article applies to any state agency that
receives an appropriation under Article V of the General
Appropriations Act.
SECTION 1.02. Notwithstanding any other statute of this
state, each state agency to which this article applies is
authorized to reduce or recover expenditures by:
(1) consolidating any reports or publications the
agency is required to make and filing or delivering any of those
reports or publications exclusively by electronic means;
(2) extending the effective period of any license,
permit, or registration the agency grants or administers;
(3) entering into a contract with another governmental
entity or with a private vendor to carry out any of the agency's
duties;
(4) adopting additional eligibility requirements for
persons who receive benefits under any law the agency administers
to ensure that those benefits are received by the most deserving
persons consistent with the purposes for which the benefits are
provided;
(5) providing that any communication between the
agency and another person and any document required to be delivered
to or by the agency, including any application, notice, billing
statement, receipt, or certificate, may be made or delivered by
e-mail or through the Internet; and
(6) adopting and collecting fees or charges to cover
any costs the agency incurs in performing its lawful functions.
ARTICLE 2. FISCAL MATTERS REGARDING THEFT PREVENTION
SECTION 2.01. Section 6, Article 4413(37), Revised
Statutes, is amended by adding Subsections (j) and (k) to read as
follows:
(j) The authority shall:
(1) develop and use standard performance measures for
each category of grants provided by the authority in order to assess
grantee success in achieving the purposes of this article; and
(2) ensure that grants are used to help increase:
(A) the recovery rate of stolen motor vehicles;
(B) the clearance rate of motor vehicle
burglaries and thefts; and
(C) the number of persons arrested for motor
vehicle burglary and theft.
(k) The authority shall allocate grant funds primarily
based on the number of motor vehicles stolen in, or the motor
vehicle burglary or theft rate across, the state rather than based
on geographic distribution.
SECTION 2.02. Section 7(a), Article 4413(37), Revised
Statutes, is amended to read as follows:
(a) The authority shall develop and implement a plan of
operation. The plan of operation must be updated biennially and
filed with the legislature on or before December 1 of each
even-numbered year.
SECTION 2.03. Section 9(a), Article 4413(37), Revised
Statutes, is amended to read as follows:
(a) The Department of Public Safety may administer
[authority shall develop] a statewide motor vehicle registration
program [to be administered by the Department of Public Safety].
This section applies only if the Department of Public Safety
administers the program.
SECTION 2.04. Section 9, Article 4413(37), Revised
Statutes, is amended by adding Subsection (h) to read as follows:
(h) The Department of Public Safety shall collect data
regarding theft rates and types of motor vehicles enrolled in the
program, the recovery rate for stolen motor vehicles enrolled in
the program, and the clearance rate of burglaries and thefts of
motor vehicles enrolled in the program.
SECTION 2.05. Sections 6(j) and (k), Article 4413(37),
Revised Statutes, as added by this article, apply only in relation
to a grant for which the notice of funds availability or of funding
opportunity is made public on or after the effective date of this
article.
ARTICLE 3. FISCAL MATTERS REGARDING MUNICIPAL AND COUNTY JAILS
SECTION 3.01. Section 511.0091(c-1), Government Code, is
amended to read as follows:
(c-1) In addition to the other fees authorized by this
section, the commission may set and collect a reasonable fee to
cover the cost of the commission performing any reinspection of a
municipal or county jail described by Subsection (a) that is
[conducted by the commission]:
(1) required under the laws of this state or
commission rules; or [following a determination by the commission
that the jail is not in compliance with minimum standards; and]
(2) in response to a request by the operator of the
jail for an inspection.
SECTION 3.02. Sections 511.0091(b) and (c), Government
Code, are repealed.
SECTION 3.03. Section 511.0091, Government Code, as amended
by this article, applies only to an inspection or reinspection
conducted on or after the effective date of this article. An
inspection or reinspection conducted before the effective date of
this article is governed by the law in effect immediately before the
effective date of this article, and the former law is continued in
effect for that purpose.
ARTICLE 4. FISCAL MATTERS REGARDING PERSONS CONFINED OR
SUPERVISED AFTER CONVICTION OF A CRIMINAL OFFENSE
SECTION 4.01. Subchapter E, Chapter 508, Government Code,
is amended by adding Section 508.1491 to read as follows:
Sec. 508.1491. SUPERVISED REENTRY PROGRAM. (a) This
section applies to an inmate who is eligible for release on parole
but who has not been released on parole or to mandatory supervision
under this chapter before the date described by Subsection (b).
(b) A parole panel shall order the release of an inmate to
the supervised reentry program described by Subsection (c) on the
later of the following dates, as determined by the actual calendar
time the inmate has served, without consideration of good conduct
time:
(1) one year before the date on which the inmate will
discharge the inmate's sentence; or
(2) the date on which the inmate will have served 90
percent of the inmate's sentence.
(c) The department, before an inmate is released under
Subsection (b), shall make arrangements for the inmate's supervised
reentry into the community. The inmate's supervised reentry
program must:
(1) provide the inmate with skills necessary to ensure
the successful reentry of the inmate into the community, including
providing the inmate with appropriate substance abuse treatment,
counseling, and other social service programs; and
(2) be coordinated with any programs in which the
inmate is or will be participating or services the inmate is or will
be receiving through:
(A) the comprehensive reentry and reintegration
plan under Section 501.092;
(B) the reentry program for long-term inmates
under Section 501.096; or
(C) the reintegration services provided under
Section 501.097.
(d) A parole panel releasing an inmate under Subsection (b)
shall impose conditions that require the inmate to participate
fully in all treatment and counseling programs provided by the
department and may impose any other conditions determined by the
panel to be appropriate. An inmate who fails to comply with a
condition imposed under this subsection is subject to revocation or
other sanctions in the same manner and under the same procedures as
an inmate who fails to comply with conditions of parole or mandatory
supervision.
(e) The period of supervised reentry is computed by
subtracting from the term for which the inmate was sentenced the
calendar time served on the sentence. The time served on supervised
reentry is computed as calendar time.
(f) If an inmate's participation in the supervised reentry
program is revoked, the remaining portion of the inmate's sentence
is computed with credit for any time the inmate served in the
program.
SECTION 4.02. Sections 509.011(a) and (e), Government Code,
are amended to read as follows:
(a) If the division determines that a department complies
with division standards and if the community justice council has
submitted a community justice plan under Section 76.003 and the
supporting information required by the division and the division
determines the plan and supporting information are acceptable, the
division shall prepare and submit to the comptroller vouchers for
payment to the department as follows:
(1) for per capita funding, a per diem amount for each
felony defendant directly supervised by the department pursuant to
lawful authority; and
(2) [for per capita funding, a per diem amount for a
period not to exceed 182 days for each defendant supervised by the
department pursuant to lawful authority, other than a felony
defendant; and
[(3)] for formula funding, an annual amount as
computed by multiplying a percentage determined by the allocation
formula established under Subsection (f) times the total amount
provided in the General Appropriations Act for payments under this
subdivision.
(e) In establishing per diem payments authorized by
Subsection [Subsections] (a)(1) [and (a)(2)], the division shall
consider the amounts appropriated in the General Appropriations Act
for basic supervision as sufficient to provide basic supervision in
each year of the fiscal biennium.
SECTION 4.03. The following are repealed:
(1) Section 8, Article 42.12, Code of Criminal
Procedure; and
(2) Section 499.052, Government Code.
SECTION 4.04. (a) On and after the effective date of this
article:
(1) a judge may not recommend a person for placement in
the state boot camp program under Section 499.052, Government Code;
and
(2) a participant in the state boot camp program
remains a participant in the program only until the later of the
following dates:
(A) the date on which the convicting court
suspends further execution of the sentence and reassumes custody of
the person; or
(B) the date on which the Texas Department of
Criminal Justice transfers the person to another unit in the
department.
(b) Section 8, Article 42.12, Code of Criminal Procedure,
and Section 499.052, Government Code, repealed by this article, are
continued in effect for the limited purpose of the orderly
abolition of the state boot camp program created by those
provisions.
(c) Section 508.1491, Government Code, as added by this
article, applies to any inmate serving a term of imprisonment in the
Texas Department of Criminal Justice on or after the effective date
of this article, regardless of when the inmate was sentenced to
serve that term.
(d) Sections 509.011(a) and (e), Government Code, as
amended by this article, apply to appropriations made for any state
fiscal year beginning on or after September 1, 2011.
ARTICLE 5. FISCAL MATTERS REGARDING ALCOHOLIC
BEVERAGE REGULATION
SECTION 5.01. Section 5.56, Alcoholic Beverage Code, is
repealed.
ARTICLE 6. EFFECTIVE DATE
SECTION 6.01. This Act takes effect September 1, 2011.