HBA-DMD H.B. 117 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 117
By: Keel
County Affairs
2/5/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, there are no sanctions against inmates who file frivolous
lawsuits in county correctional facilities, only in federal and state penal
facilities.  A sheriff is currently authorized to forfeit all or part of an
inmate's good time credits for certain violations, such as escaping or
attempting to escape. H.B. 117 authorizes a sheriff to forfeit all or part
of an inmate's good conduct time upon receiving notification that an
inmate's lawsuit has been dismissed as frivolous or malicious. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 5, Article 42.032, Code of Criminal Procedure,
to authorize the forfeiture of any part or all of the commutation accrued
by an inmate when the sheriff receives a certified copy of a final order of
a state or federal court that dismisses a frivolous or malicious lawsuit
brought by a defendant while in the custody of the sheriff.  Creates
Subsection (1) from existing text.  

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Emergency clause.
  Effective date:  upon passage.