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  H.B. No. 710
 
 
 
 
AN ACT
  relating to procedures for certain persons charged with a violation
  of a condition of release from the Texas Department of Criminal
  Justice on parole or to mandatory supervision.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 508.251(c), Government Code, is amended
  to read as follows:
         (c)  Instead of the issuance of a warrant under this section,
  the division:
               (1)  may issue to the person a summons requiring the
  person to appear for a hearing under Section 508.281 if the person:
                     (A)  is not a releasee who is:
                           (i) [(A)]  on intensive supervision or
  superintensive supervision;
                           (ii) [(B)]  an absconder; or
                           (iii) [(C)]  determined by the division to
  be a threat to public safety; or
                     (B)  is charged only with committing a new offense
  that is alleged to have been committed after the first anniversary
  of the date the person was released on parole or to mandatory
  supervision if:
                           (i)  the new offense is a Class C misdemeanor
  under the Penal Code, other than an offense committed against a
  child younger than 17 years of age or an offense involving family
  violence, as defined by Section 71.004, Family Code;
                           (ii)  the person has maintained steady
  employment for at least one year;
                           (iii)  the person has maintained a stable
  residence for at least one year; and
                           (iv)  the person has not previously been
  charged with an offense after the person was released on parole or
  to mandatory supervision; and
               (2)  shall issue to the person a summons requiring the
  person to appear for a hearing under Section 508.281 if the person:
                     (A)  is charged only with committing an
  administrative violation of release that is alleged to have been
  committed after the first [third] anniversary of the date the
  person was released on parole or to mandatory supervision;
                     (B)  is not serving a sentence for, and has not
  been previously convicted of, an offense listed in or described by
  Article 62.001(5), Code of Criminal Procedure; and
                     (C)  is not a releasee with respect to whom a
  summons may not be issued under Subdivision (1).
         SECTION 2.  Section 508.281(c), Government Code, is amended
  to read as follows:
         (c)  If a hearing before a designated agent of the board is
  held under this section for a releasee who appears in compliance
  with a summons, the sheriff of the county in which the releasee is
  required to appear shall provide the designated agent with a place
  at the county jail to hold the hearing. After the board or a parole
  panel makes a final determination [Immediately on conclusion of a
  hearing in which the designated agent determines] that a releasee
  has violated a condition of release, a warrant may be issued
  requiring the releasee to be held in the county jail pending:
               (1)  transfer to an intermediate sanction facility [the
  action of a parole panel on any recommendations made by the
  designated agent]; or [and]
               (2)  [if subsequently ordered by the parole panel,] the
  return of the releasee to the institution from which the releasee
  was released.
         SECTION 3.  The change in law made by this Act in amending
  Section 508.251(c), Government Code, applies only to a person who
  on or after the effective date of this Act is charged with a
  violation of the terms of the person's release on parole or to
  mandatory supervision. A person who before the effective date of
  this Act was charged with a violation of the terms of the person's
  release is governed by the law in effect when the violation was
  charged, and the former law is continued in effect for that purpose.
         SECTION 4.  The change in law made by this Act in amending
  Section 508.281(c), Government Code, applies only to a hearing held
  on or after the effective date of this Act.  A hearing held before
  the effective date of this Act is governed by the law in effect on
  the date the hearing was held, and the former law is continued in
  effect for that purpose.
         SECTION 5.  This Act takes effect September 1, 2015.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 710 was passed by the House on May 7,
  2015, by the following vote:  Yeas 139, Nays 4, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 710 was passed by the Senate on May
  26, 2015, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor