84R11166 JRR-D
	By: Huberty	H.B. No. 2640

	A BILL TO BE ENTITLED
	AN ACT
	relating to the cost of confinement and imprisonment of persons not
	lawfully present in the United States and reimbursement from the
	federal government for that cost.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subchapter B, Chapter 403, Government Code, is
	amended by adding Section 403.0306 to read as follows:
	Sec. 403.0306.  COST OF CONFINEMENT OR IMPRISONMENT; REQUEST
	FOR REIMBURSEMENT. (a) Not later than the 20th day of each month,
	the comptroller shall determine the total cost incurred during the
	preceding month by the state and each county to confine or imprison
	persons who are not lawfully present in the United States. The
	comptroller shall obtain this information from the Texas Department
	of Criminal Justice and the Commission on Jail Standards.
	(b)  Not later than the last day of each month, based on the
	information obtained under Subsection (a), the comptroller shall
	make a written request to the United States Congress for
	reimbursement of the total cost incurred during the preceding month
	by the state and each county to confine or imprison persons who are
	not lawfully present in the United States.
	(c)  The comptroller may adopt rules as necessary to
	implement this section, including rules governing the distribution
	to the state and each county of any funds received from the federal
	government for the purpose of reimbursing the state and each county
	for the costs of confining or imprisoning persons who are not
	lawfully present in the United States.
	SECTION 2.  Chapter 493, Government Code, is amended by
	adding Section 493.0152 to read as follows:
	Sec. 493.0152.  COST OF CONFINEMENT OR IMPRISONMENT OF
	PERSONS NOT LAWFULLY PRESENT IN UNITED STATES. Not later than the
	fifth day of each month, the department shall determine the total
	cost incurred during the preceding month by the state, for which
	federal funds have not been received under Section 493.015, to
	confine or imprison in a facility operated by or under contract with
	the department persons who are not lawfully present in the United
	States.
	SECTION 3.  Section 511.0101(a), Government Code, is amended
	to read as follows:
	(a)  Each county shall submit to the commission on or before
	the fifth day of each month a report containing the following
	information:
	(1)  the number of prisoners confined in the county
	jail on the first day of the month, classified on the basis of the
	following categories:
	(A)  total prisoners;
	(B)  pretrial Class C misdemeanor offenders;
	(C)  pretrial Class A and B misdemeanor offenders;
	(D)  convicted misdemeanor offenders;
	(E)  felony offenders whose penalty has been
	reduced to a misdemeanor;
	(F)  pretrial felony offenders;
	(G)  convicted felony offenders;
	(H)  prisoners detained on bench warrants;
	(I)  prisoners detained for parole violations;
	(J)  prisoners detained for federal officers;
	(K)  prisoners awaiting transfer to the
	institutional division of the Texas Department of Criminal Justice
	following conviction of a felony or revocation of probation,
	parole, or release on mandatory supervision and for whom paperwork
	and processing required for transfer have been completed;
	(L)  prisoners detained after having been
	transferred from another jail and for whom the commission has made a
	payment under Subchapter F, Chapter 499, Government Code;
	(M)  prisoners who are not lawfully present in the
	United States [for whom an immigration detainer has been issued by
	United States Immigration and Customs Enforcement]; and
	(N)  other prisoners;
	(2)  the total capacity of the county jail on the first
	day of the month;
	(3)  the total number of prisoners who were confined in
	the county jail during the preceding month, based on a count
	conducted on each day of that month, who were known or had been
	determined to be pregnant;
	(4)  the total cost to the county during the preceding
	month of housing prisoners described by Subdivision (1)(M),
	calculated based on the average daily cost of housing a prisoner in
	the county jail; and
	(5)  certification by the reporting official that the
	information in the report is accurate.
	SECTION 4.  The comptroller of public accounts of the State
	of Texas shall make the first determination required by Section
	403.0306, Government Code, as added by this Act, not later than
	October 20, 2015, and the Texas Department of Criminal Justice
	shall make the first determination required by Section 493.0152,
	Government Code, as added by this Act, not later than October 5,
	2015.
	SECTION 5.  This Act takes effect September 1, 2015.