HBA-DMD, NMO H.B. 261 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 261
By: Allen
Corrections
10/19/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, Texas law required the Texas Department of
Criminal Justice (department) to penalize an inmate by deducting good
conduct time if the inmate filed a frivolous or malicious lawsuit. Prior to
the 76th Legislature, county jails did not have this authority.  H.B. 261
authorizes counties to forward information to the department pertaining to
a frivolous or malicious lawsuit filed by an inmate upon transfer of that
inmate to the department. 

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 Article 42.09, Code of Criminal Procedure, by adding
Section 9, as follows: 

Sec.  9.  Authorizes a county that transfers a defendant to the Texas
Department of Criminal Justice (department) under this article to deliver
to an officer designated by the department, a certified copy of a final
order of a state or federal court that dismisses a frivolous or malicious
lawsuit brought by the inmate while the inmate was confined in the county
jail awaiting transfer to the department following the conviction of a
felony or revocation of community supervision, parole, or mandatory
supervision.  Authorizes the county to deliver the copy of the order to the
department at the time of, or at any time after, the transfer. 

SECTION 2.  Amends Section 5, Article 42.032, Code of Criminal Procedure,
to provide that any part or all of the commutation accrued under this
article (Good Conduct) may be forfeited and taken away by the sheriff if
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 the defendant was in the custody of the sheriff. 

SECTION 3.  Amends Section 498.0045(a), Government Code, to make a
conforming change. 

SECTION 4.  Makes application of Section 498.0045(a), Government Code,
prospective. 

SECTION 5.Emergency clause.
  Effective date: upon passage.