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  H.B. No. 465
 
 
 
 
AN ACT
  relating to changing the eligibility for release on parole of
  certain inmates serving sentences for trafficking offenses
  involving one or more child victims.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 42, Code of Criminal Procedure, is
  amended by adding Article 42.01991 to read as follows:
         Art. 42.01991.  FINDING REGARDING AGREEMENT ON PAROLE
  ELIGIBILITY FOR CERTAIN DEFENDANTS. (a)  This article applies only
  in the trial of an offense under Section 20A.02(a)(5), (6), (7), or
  (8), Penal Code, in which:
               (1)  the defendant enters a plea of guilty; and
               (2)  the attorney representing the state, the attorney
  representing the defendant, and the defendant agree in writing that
  the defendant will become eligible for release on parole as
  described by Section 508.145(c-1)(2), Government Code.
         (b)  In the trial of an offense to which this article
  applies, on the motion of the attorney representing the state, the
  judge shall make an affirmative finding of fact that the parties
  have entered into the agreement described by Subsection (a)(2) and
  shall enter the affirmative finding in the judgment in the case.
         SECTION 2.  Section 508.145, Government Code, is amended by
  amending Subsection (a) and adding Subsection (c-1) to read as
  follows:
         (a)  An inmate is not eligible for release on parole if the
  inmate is under sentence of death, serving a sentence of life
  imprisonment without parole, or serving a sentence for any of the
  following offenses under the Penal Code:
               (1)  Section 20A.03, if the offense is based partly or
  wholly on conduct constituting an offense under Section
  20A.02(a)(5), (6), (7), or (8);
               (2)  [serving a sentence for an offense under] Section
  21.02; or
               (3)  [, Penal Code, or serving a sentence for an offense
  under] Section 22.021, if the offense [Penal Code, that] is
  punishable under Subsection (f) of that section [is not eligible
  for release on parole].
         (c-1)(1)  Except as provided by Subdivision (2), an inmate
  serving a sentence for an offense under Section 20A.02(a)(5), (6),
  (7), or (8), Penal Code, is not eligible for release on parole.
               (2)  An inmate serving a sentence for an offense
  described by Subdivision (1) for which the judgment in the case
  contains an affirmative finding under Article 42.01991, Code of
  Criminal Procedure, is not eligible for release on parole until the
  inmate's actual calendar time served, without consideration of good
  conduct time, equals one-half of the sentence or 30 calendar years,
  whichever is less, but in no event is the inmate eligible for
  release on parole in less than two calendar years.
         SECTION 3.  Section 508.145(d)(1), Government Code, is
  amended to read as follows:
         (d)(1)  This subsection applies only to an inmate who is
  serving a sentence for:
                     (A)  an offense described by Article 42A.054(a),
  Code of Criminal Procedure, other than an offense under Section
  19.03, Penal Code, or an offense under Chapter 20A, Penal Code, that
  is described by Subsection (a)(1) or (c-1)(1);
                     (B)  an offense for which the judgment contains an
  affirmative finding under Article 42A.054(c) or (d), Code of
  Criminal Procedure; or
                     (C)  [an offense under Section 20A.03, Penal Code;
  or
                     [(D)] an offense under Section 71.02 or 71.023,
  Penal Code.
         SECTION 4.  The change in law made by this Act applies only
  to an offense committed on or after the effective date of this Act.
  An offense committed before the effective date of this Act is
  governed by the law in effect on the date the offense was committed,
  and the former law is continued in effect for that purpose. For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense occurred
  before that date.
         SECTION 5.  This Act takes effect September 1, 2021.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 465 was passed by the House on April
  15, 2021, by the following vote:  Yeas 143, Nays 1, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 465 was passed by the Senate on May
  27, 2021, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor