HBA-PDH H.B. 1318 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1318 By: Lengefeld Corrections 2/22/1999 Introduced BACKGROUND AND PURPOSE Currently, a trust fund is created for an inmate when the inmate enters an institutional division. The trust fund is credited with any money the inmate possesses when the inmate enters the facility and any money received during confinement. Inmates who escape or who attempt to escape are subject to disciplinary sanctions that may include restrictions of privileges and loss of good time credits, but they retain all trust account funds. In addition, if the remaining funds of a deceased inmate are less than $100, the Texas Department of Criminal Justice disburses funds upon receiving a notarized claim for the funds. If the remaining account funds are more than $100, a person must submit a claim consistent with the requirements of Section 137 (Collection of Small Estates Upon Affidavit), Probate Code. H.B. 1318 provides a statutory process for disbursing funds remaining in a deceased inmate's account to a beneficiary or relative. The bill increases from $100 to $2,500 the amount for which a person can simply submit a claim for the funds without going through probate. The bill provides for forfeiture of the money in an inmate's account if the inmate escapes or attempts to escape. 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 Sections 501.014(a), (b), (c), (d), (f), and (g), Government Code, as follows: (a) Requires the Texas Department of Criminal Justice (department), rather than the institutional division, to take possession of all money that an inmate has on the inmate's person or that is received with the inmate when the inmate arrives at a facility to be admitted to the custody of the department, rather than at a facility operated by the institutional division, and to credit the money to an account, rather than trust fund, created for the inmate. Makes conforming and nonsubstantive changes. (b) Requires the department to attempt to give notice of an account to a beneficiary or known relative of a deceased inmate if an inmate dies with money in an account while confined in a facility operated by or under contract with the department. Deletes text relating to an inmate who escapes or is discharged and does not claim the money. Authorizes, rather than requires, the department to pay any amount not exceeding $2,500 of the deceased inmate's money held by the department to a claimant if a notarized claim is presented to the department for the money by a person entitled to the notice. Provides that a claim for money in excess of $2,500 must be made under Section 137 (Collection of Small Estates Upon Affidavit), Probate Code, or other law, as applicable. Provides that the department is not liable for making a payment or failing to make a payment under this subsection. Makes conforming and nonsubstantive changes. (c) Makes conforming and nonsubstantive changes. (d) Provides that an inmate who escapes or attempts to escape from the custody of the department forfeits to the department all of the money held by the department in the inmate's account at the time of the escape or attempted escape. (f) Adds to the existing list of reasons for which the department is authorized to place a hold on money in or withdraw money from an inmate account by including the recovery of money the inmate owes the department for indigent supplies, medical co-payments, destruction of state property, or other indebtedness. Makes conforming and nonsubstantive changes. (g) Makes conforming changes. SECTION 2. Amends Section 501.014(e), Government Code, to make a conforming change. Redesignates existing Subdivisions (3) - (5), as amended by Acts 1997, 75th Legislature, Chapter 1409, Section 7, to Subdivisions (4) - (6). SECTION 3.Effective date: September 1, 1999. SECTION 4.Emergency clause.