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  H.B. No. 1770
 
 
 
 
AN ACT
  relating to the payment of temporary housing costs for certain
  inmates released or eligible for release on parole or to mandatory
  supervision.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 508.157, Government Code, is amended by
  adding Subsections (a-1) and (e-1) and amending Subsections (b),
  (c), (e), (f), and (g) to read as follows:
         (a-1)  In this section, "residential correctional facility"
  means a facility operated by or under contract with the department
  to provide housing, supervision, and programmatic support to
  individuals released on parole or to mandatory supervision. The
  term includes a halfway house described by Section 508.118 or a
  community residential facility described by Section 508.119.  The
  term does not include a transitional treatment center, a substance
  abuse felony punishment facility, or any other facility operated by
  or under contract with the department the primary purpose of which
  is to provide substance abuse treatment or aftercare.
         (b)  If the department does not operate or contract for the
  operation of a residential correctional facility in the county of
  legal residence of an inmate or releasee, the [The] department may
  issue, [payment for the cost of temporary post-release housing] for
  an inmate described by Subsection (a) or for a releasee, payment for
  the cost of temporary post-release housing that:
               (1)  meets any conditions or requirements imposed by a
  parole panel;
               (2)  [and] is located in the county of legal residence
  of the inmate or releasee; and
               (3)  except as provided by Subsection (e-1), is in a
  structure that existed on June 1, 2009, as a multifamily residence
  or as a motel to which Section 156.001, Tax Code, applies.
         (c)  The amount of payment issued under Subsection (b) may
  not exceed an amount that is equal to the cost the department would
  incur, for the period for which the payment is issued, to:
               (1)  incarcerate the inmate or releasee in a facility
  operated by or under contract with the department; or
               (2)  house the inmate or releasee in a residential
  correctional facility [for the period for which the payment is
  issued].
         (e)  The executive director of the Texas Department of
  Criminal Justice shall adopt rules as necessary to implement this
  section[, including rules that ensure that the food, hygiene, and
  clothing needs of an inmate or releasee on whose behalf payment is
  issued under this section are adequately met during the period for
  which the payment is issued].
         (e-1)  The department may issue payment for post-release
  housing under Subsection (b) for a structure not described by
  Subsection (b)(3) if, before issuing payment, the department or the
  owner of the structure provides, in the same manner as required for
  a community corrections facility under Section 509.010, notice of
  the proposed use of the structure under this section and a hearing
  on the issue of whether the use is appropriate.
         (f)  Not later than September 30 of each year, [2010, for the
  first report and September 30, 2011, for the second report,] the
  department shall submit to the presiding officer of each
  legislative standing committee with primary jurisdiction over the
  department [Criminal Justice Legislative Oversight Committee] a
  report that covers the period of August 1 of the year preceding the
  year in which the report is submitted through September 1 of the
  year in which the report is submitted and that includes:
               (1)  the total number of inmates and releasees on whose
  behalf payment is issued under this section;
               (2)  the total dollar amount of payments issued under
  this section; and
               (3)  the county of release and the county of legal
  residence of each inmate or releasee on whose behalf payment is
  issued under this section.
         (g)  This subsection and Subsection (f) expire January 1,
  2014 [2012].
         SECTION 2.  The change in law made by this Act applies only
  to an inmate who is eligible for release on parole or to mandatory
  supervision on or after September 1, 2011, or who is released on
  parole or to mandatory supervision on or after that date.
         SECTION 3.  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, 2011.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1770 was passed by the House on April
  7, 2011, by the following vote:  Yeas 143, Nays 1, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1770 was passed by the Senate on May
  17, 2011, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor