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  H.B. No. 93
 
 
 
 
AN ACT
  relating to the reinstatement of good conduct time suspended during
  a term of imprisonment.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 498.004, Government Code, as amended by
  Chapters 249 (S.B. 44) and 321 (H.B. 2162), Acts of the 74th
  Legislature, Regular Session, 1995, is amended by reenacting and
  amending Subsection (a) and adding Subsection (c) to read as
  follows:
         (a)  If, during the actual term of imprisonment of an inmate
  in the department [institutional division] or in a transfer
  facility, the inmate commits an offense or violates a rule of the
  department [division], the department may forfeit all or any part
  of the inmate's accrued good conduct time or, in accordance with the
  policy adopted under Subsection (c), place all or any part of the
  inmate's accrued good conduct time in suspension. The department
  may not restore good conduct time forfeited under this subsection
  but may reinstate good conduct time suspended under this
  subsection.
         (c)  The department shall establish a policy regarding the
  suspension of good conduct time under Subsection (a). The policy
  must provide that:
               (1)  the department will consider the severity of an
  inmate's offense or violation in determining whether to suspend all
  or part of the inmate's good conduct time instead of forfeiting the
  inmate's good conduct time;
               (2)  during any period of suspension, good conduct time
  placed in suspension may not be used:
                     (A)  for purposes of granting privileges to an
  inmate; or
                     (B)  to compute an inmate's eligibility for parole
  under Section 508.145 or to determine an inmate's date of release to
  mandatory supervision under Section 508.147;
               (3)  at the conclusion of any period of suspension, the
  department may forfeit or reinstate the good conduct time placed in
  suspension based on the inmate's conduct during the period of the
  suspension; and
               (4)  in determining whether to forfeit or reinstate
  good conduct time placed in suspension, the department must
  consider whether any impact to public safety is likely to result
  from the inmate's release on parole or to mandatory supervision if
  the good conduct time is reinstated.
         SECTION 2.  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, 2009.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 93 was passed by the House on May 1,
  2009, by the following vote:  Yeas 82, Nays 57, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 93 on May 29, 2009, by the following vote:  Yeas 86, Nays 57, 2
  present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 93 was passed by the Senate, with
  amendments, on May 25, 2009, by the following vote:  Yeas 29, Nays
  2.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor