Bill Text: TX HB4355 | 2021-2022 | 87th Legislature | Engrossed

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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: Slight Partisan Bill (Republican 2-1)

Status: (Engrossed - Dead) 2021-05-14 - Referred to Criminal Justice [HB4355 Detail]

Download: Texas-2021-HB4355-Engrossed.html

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By: Krause, Gates H.B. No. 4355

A BILL TO BE ENTITLED
AN ACT
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. Subchapter B, Chapter 245, Human Resources Code,
is amended by adding Sections 245.0536 and 245.0537 to read as
follows:
Sec. 245.0536. PROVIDING RELEASED OR DISCHARGED CHILD WITH
STATE-ISSUED IDENTIFICATION. (a) Before releasing a child under
supervision or finally discharging a child, the department shall:
(1) determine whether the child has:
(A) a valid license issued under Chapter 521,
Transportation Code; or
(B) a valid personal identification certificate
issued under Chapter 521, Transportation Code; and
(2) if the child does not have a valid license or
certificate described by Subdivision (1), submit to the Department
of Public Safety on behalf of the child a request for the issuance
of a personal identification certificate under Chapter 521,
Transportation Code.
(b) The department shall submit a request under Subsection
(a)(2) on intake of the child to enable the department to provide
the child with the personal identification certificate when the
department releases or discharges the child.
(c) The department, 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 their
respective responsibilities with respect to the issuance of a
personal identification certificate to a child, including
responsibilities related to verification of the child's identity.
The memorandum of understanding must require the Department of
State Health Services to electronically verify the birth record of
a child whose name and any other personal information is provided by
the department and to electronically report the recorded filing
information to the Department of Public Safety to validate the
identity of a child under this section.
(d) The department 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 department may charge a child
or the child's parent or guardian 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 child who:
(1) is not legally present in the United States; or
(2) was not a resident of this state before the child
was placed in the custody of the department.
Sec. 245.0537. PROVIDING RELEASED OR DISCHARGED CHILD WITH
BIRTH CERTIFICATE AND SOCIAL SECURITY CARD. (a) In addition to
complying with the requirements of Section 245.0536, before
releasing a child under supervision or finally discharging a child,
the department must:
(1) determine whether the child has a:
(A) certified copy of the child's birth
certificate; and
(B) copy of the child's social security card; and
(2) if the child does not have a document described by
Subdivision (1), submit to the appropriate entity on behalf of the
child a request for the issuance of the applicable document.
(b) The department shall submit a request under Subsection
(a)(2) on intake of the child to enable the department to provide
the child with the applicable document when the department releases
or discharges the child.
(c) This section does not apply to a child who:
(1) is not legally present in the United States; or
(2) was not a resident of this state before the child
was placed in the custody of the department.
SECTION 2. Subchapter C, Chapter 351, Local Government
Code, is amended by adding Sections 351.048 and 351.049 to read as
follows:
Sec. 351.048. 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) 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. 351.049. PROVIDING DISCHARGED PRISONER WITH BIRTH
CERTIFICATE AND SOCIAL SECURITY CARD. (a) In addition to complying
with the requirements of Section 351.048, 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 3. Section 521.421(a-1), Transportation Code, is
amended to read as follows:
(a-1) The fee for a personal identification certificate or
driver's license issued under Section 501.0165, Government Code,
[or] Section 841.153, Health and Safety Code, Section 245.0536,
Human Resources Code, Section 351.048, Local Government Code, or
Section 521.1421, Transportation Code, is $5.
SECTION 4. Sections 245.0536 and 245.0537, Human Resources
Code, as added by this Act, apply only to the release under
supervision or final discharge of a child that occurs on or after
December 1, 2021. A release under supervision or final 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 5. Sections 351.048 and 351.049, Local Government
Code, as added by this Act, apply only to the discharge of a
prisoner that occurs on or after December 1, 2021. 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, 2021.