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  H.B. No. 719
 
 
 
 
AN ACT
  relating to Texas Department of Criminal Justice transfer
  facilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 493.015(b), Government Code, is amended
  to read as follows:
         (b)  The department shall identify those inmates who are
  imprisoned in the institutional division or confined in [a transfer
  facility,] a substance abuse treatment facility, a state jail
  felony facility, or a county jail awaiting transfer to the
  institutional division and for whom the department is unable to
  reasonably ascertain whether or not the person is an illegal
  criminal alien.
         SECTION 2.  Section 498.002, Government Code, is amended to
  read as follows:
         Sec. 498.002.  CLASSIFICATION AND RECLASSIFICATION. The
  department shall classify each inmate as soon as practicable on the
  inmate's arrival at the institutional division [or a transfer
  facility] and, subject to the requirements of Section 498.005,
  shall reclassify the inmate as circumstances warrant. Each inmate
  must be classified according to the inmate's conduct, obedience,
  and industry. The department shall maintain a record on each inmate
  showing each classification and reclassification of the inmate with
  the date and reason for each classification or reclassification.
  The department may classify each inmate on the inmate's arrival at
  the institutional division [or a transfer facility] in a
  time-earning category that does not allow the inmate to earn more
  than 30 days' good conduct time for each 30 days actually served.
         SECTION 3.  Section 498.004(a), Government Code, is amended
  to read as follows:
         (a)  If, during the actual term of imprisonment of an inmate
  in the department [or in a transfer facility], the inmate commits an
  offense or violates a rule of the department, 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.
         SECTION 4.  Sections 498.0042(a) and (b), Government Code,
  are amended to read as follows:
         (a)  The department shall adopt policies that prohibit an
  inmate in the institutional division [or in a transfer facility]
  from contacting by letter, telephone, or any other means, either
  directly or indirectly, a victim of the offense for which the inmate
  is serving a sentence or a member of the victim's family, if:
               (1)  the victim was younger than 17 years of age at the
  time of the commission of the offense; and
               (2)  the department has not, before the inmate makes
  contact:
                     (A)  received written consent to the contact from:
                           (i)  a parent of the victim or the member of
  the victim's family, other than the inmate;
                           (ii)  a legal guardian of the victim or the
  member of the victim's family; or
                           (iii)  the victim or the member of the
  victim's family, if the victim is 17 years of age or older at the
  time of giving the consent; and
                     (B)  provided the inmate with a copy of the
  consent.
         (b)  If, during the actual term of imprisonment of an inmate
  in the institutional division [or a transfer facility], the inmate
  violates a policy adopted under Subsection (a) or an order entered
  under Article 42.24, Code of Criminal Procedure, the department
  shall forfeit all or any part of the inmate's accrued good conduct
  time. The department may not restore good conduct time forfeited
  under this subsection.
         SECTION 5.  Section 500.006(b), Government Code, is amended
  to read as follows:
         (b)  An inmate may not be transported directly from a county
  jail to an institutional division facility other than a designated
  diagnostic unit [or a transfer facility].
         SECTION 6.  Section 507.006(a), Government Code, is amended
  to read as follows:
         (a)  Notwithstanding any other provision of this subchapter,
  the state jail division, with the approval of the board, may
  designate one or more state jail felony facilities or discrete
  areas within one or more state jail felony facilities to treat
  inmates who are eligible for confinement in a substance abuse
  felony punishment facility under Section 493.009 or to house
  inmates who are sentenced to imprisonment in the institutional
  division [eligible for confinement in a transfer facility under
  Section 499.152], but only if the designation does not deny
  placement in a state jail felony facility of defendants required to
  serve terms of confinement in a facility following conviction of
  state jail felonies. The division may not house in a state jail
  felony facility an inmate who:
               (1)  has a history of or has shown a pattern of violent
  or assaultive behavior in county jail or a facility operated by the
  department; or
               (2)  will increase the likelihood of harm to the public
  if housed in the facility.
         SECTION 7.  Section 508.081(2), Government Code, is amended
  to read as follows:
               (2)  "Inmate" includes:
                     (A)  an administrative releasee;
                     (B)  an inmate imprisoned in the institutional
  division; and
                     (C)  a person confined in a [transfer facility or]
  county jail awaiting:
                           (i)  transfer to the institutional division;
  or
                           (ii)  a revocation hearing.
         SECTION 8.  The heading to Section 511.017, Government Code,
  is amended to read as follows:
         Sec. 511.017.  DUTIES RELATED TO STATE JAIL FELONY
  FACILITIES [AND INSTITUTIONAL DIVISION TRANSFER FACILITIES].
         SECTION 9.  The following provisions of the Government Code
  are repealed:
               (1)  Subchapter G, Chapter 499;
               (2)  Section 507.006(b); and
               (3)  Section 511.017(a)(3).
         SECTION 10.  This Act takes effect September 1, 2021.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 719 was passed by the House on April
  9, 2021, by the following vote:  Yeas 144, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 719 was passed by the Senate on May
  12, 2021, by the following vote:  Yeas 30, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor