88R20154 MCF-D     By: Frank, Murr, Sherman, Sr. H.B. No. 3363     Substitute the following for H.B. No. 3363:     By:  Herrero C.S.H.B. No. 3363       A BILL TO BE ENTITLED   AN ACT   relating to the confinement or detention of certain individuals in   a county jail or other facility operated by or for the county and to   the compensation to the county for the costs of that confinement or   detention.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter A, Chapter 46B, Code of Criminal   Procedure, is amended by adding Article 46B.014 to read as follows:          Art. 46B.014.  TRANSFER TO COMMISSION; COMPENSATION TO   COUNTIES. (a)  The commission shall take custody of a defendant   awaiting transfer under an order issued under Article 46B.073 to a   facility operated by or under contract with the commission, not   later than the 45th day following the date the order is issued.          (b)  If the commission does not take custody of a defendant   within the period prescribed by Subsection (a), the commission   shall compensate the county for the cost of confinement for each day   that the defendant remains confined in the county jail following   the expiration of that period. The compensation must be equal to   the amount that would have been incurred by the commission to   confine the defendant for that period.          SECTION 2.  Section 54.04, Family Code, is amended by adding   Subsections (s) and (t) to read as follows:          (s)  If the judge orders a disposition under this section   sentencing a child to commitment in the Texas Juvenile Justice   Department, the department shall accept custody of the child not   later than the 45th day after the date on which the judge signs the   disposition order committing the child to the department.          (t)  If the Texas Juvenile Justice Department does not take   custody of a child within the period prescribed by Subsection (s),   the department shall compensate the county for the cost of   detention for each day that the child remains detained in a facility   operated by or under contract with the county following the   expiration of that period. The compensation must be equal to the   amount that would have been incurred by the department to detain the   child for that period.          SECTION 3.  Section 499.071, Government Code, is amended to   read as follows:          Sec. 499.071.  SCHEDULED ADMISSIONS POLICY. The board shall   adopt and enforce a scheduled admissions policy that requires   [permits] the department [institutional division] to accept   persons [inmates] within 45 days of processing as required by   Section 499.1215 [499.121(c)].          SECTION 4.  Subchapter F, Chapter 499, Government Code, is   amended by adding Section 499.1215 to read as follows:          Sec. 499.1215.  TRANSFER TO DEPARTMENT; COMPENSATION TO   COUNTIES. (a) The department shall take custody of a person   awaiting transfer to the department following conviction of a   felony not later than the 45th day following the date on which all   processing required for transfer has been completed.          (b)  If the department does not take custody of a person   within the period prescribed by Subsection (a), the department   shall compensate the county for the cost of confinement for each day   that the person remains confined in the county jail following the   expiration of that period. The compensation must be equal to the   amount that would have been incurred by the department to confine   the person for that period.          (c)  If a person remains confined in the county jail   following the expiration of the period prescribed by Subsection (a)   due to a delay caused by the county:                (1)  the county is not entitled to compensation under   Subsection (b) for any day that the person remains confined due to   the delay caused by the county; and                (2)  the county and the department shall arrange to   transfer the person to the department as soon as practicable after   the delay.          SECTION 5.  Subchapter I, Chapter 508, Government Code, is   amended by adding Section 508.285 to read as follows:          Sec. 508.285.  TRANSFER TO DEPARTMENT; COMPENSATION TO   COUNTIES.  (a)  The department shall take custody of a releasee or   person described by Section 508.281(a) who is confined only on a   charge that the releasee or person has committed an administrative   violation of release not later than the 45th day after the date on   which all processing required for transfer has been completed.          (b)  If the department does not take custody of a person   within the period prescribed by Subsection (a), the department   shall compensate the county for the cost of confinement for each day   that the person remains confined in the county jail following the   expiration of that period. The compensation must be equal to the   amount that would have been incurred by the department to confine   the person for that period.          SECTION 6.  Section 499.121(c), Government Code, is   repealed.          SECTION 7.  Not later than December 31, 2023, the Texas Board   of Criminal Justice shall adopt the scheduled admissions policy   required by Section 499.071, Government Code, as amended by this   Act.          SECTION 8.  (a)  Article 46B.014, Code of Criminal   Procedure, as added by this Act, applies only to compensation to a   county for the cost of a defendant's confinement that occurs on or   after January 1, 2024, regardless of whether the order of   commitment is issued before, on, or after that date.          (b)  Section 54.04, Family Code, as amended by this Act,   applies only to compensation to a county for the cost of a child's   detention that occurs on or after January 1, 2024, regardless of   whether the disposition order is issued before, on, or after that   date.          (c)  Sections 499.1215 and 508.285, Government Code, as   added by this Act, apply only to compensation to a county for the   cost of confinement of a person that occurs on or after January 1,   2024, regardless of whether all processing required for transfer of   the person to the Texas Department of Criminal Justice is completed   before, on, or after that date.          SECTION 9.  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, 2023.