Bill Text: TX HB146 | 2021 | 87th Legislature 3rd Special Session | Introduced
Bill Title: Relating to determining the residence of incarcerated persons.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-10-05 - Filed [HB146 Detail]
Download: Texas-2021-HB146-Introduced.html
| 87S30512 MAW-F | ||
| By: Crockett | H.B. No. 146 | |
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| relating to determining the residence of incarcerated persons. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Article 16.21, Code of Criminal Procedure, is | ||
| amended to read as follows: | ||
| Art. 16.21. DUTY OF SHERIFF AS TO PRISONERS. (a) Every | ||
| sheriff shall keep safely a person committed to the sheriff's [ |
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| custody. The sheriff [ |
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| secure this end, but shall adopt all necessary measures to prevent | ||
| the escape of a prisoner. The sheriff [ |
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| sufficient number, in case it becomes necessary to prevent an | ||
| escape from jail, or the rescue of a prisoner. | ||
| (b) A sheriff shall take all practical measures to obtain | ||
| and record the following information from a person committed to the | ||
| sheriff's custody: | ||
| (1) the age, gender, and race of each person and | ||
| whether the person is of Hispanic, Latino, or Spanish origin, if | ||
| known; and | ||
| (2) the current address or location at which the | ||
| person resides. | ||
| (c) If a sheriff is unable to obtain the information | ||
| described by Subsection (b), the sheriff shall make a record of that | ||
| fact. | ||
| (d) Information described by Subsections (b) and (c) is | ||
| confidential and not subject to required disclosure under Chapter | ||
| 552, Government Code. | ||
| SECTION 2. Section 1.015(e), Election Code, is amended to | ||
| read as follows: | ||
| (e) A person [ |
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| is an involuntary inmate in a health care, detention, [ |
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| eleemosynary institution, including a hospital, rehabilitation | ||
| center, substance abuse treatment center, psychiatric facility, | ||
| prison, jail, or detention center, does not, solely because the | ||
| person is [ |
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| the institution is located. Notwithstanding any other law, a | ||
| person described by this subsection retains residency at the | ||
| location of the person's residence before becoming an inmate and | ||
| may register to vote or remain registered to vote at that location | ||
| if the person is otherwise eligible to vote in the jurisdiction of | ||
| the person's residence. A person who is an inmate and who does not | ||
| have a residence outside of the institution at which the person is | ||
| held may, notwithstanding any other law, register to vote at the | ||
| institution provided that the person is otherwise eligible to vote | ||
| in the jurisdiction in which the institution is located. A person | ||
| who registers to vote at an institution in the manner provided by | ||
| this subsection loses residence at that institution once the person | ||
| is released from the institution and acquires a new residence. | ||
| SECTION 3. Sections 2058.002(a) and (b), Government Code, | ||
| are amended to read as follows: | ||
| (a) The legislature or the Legislative Redistricting Board | ||
| under Article III, Section 28, of the Texas Constitution may | ||
| officially recognize or act on a federal decennial census as | ||
| adjusted under Section 2058.003 before September 1 of the year | ||
| after the calendar year during which the census was taken. | ||
| (b) A political subdivision governed by a body elected from | ||
| single-member districts may recognize and act on tabulations of | ||
| population of a federal decennial census as adjusted under Section | ||
| 2058.003, for redistricting purposes, as soon as those adjusted | ||
| tabulations become available [ |
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| subsection does not apply to a political subdivision that was not | ||
| subject to a statute requiring certain political subdivisions, | ||
| classified by population, to elect their governing bodies from | ||
| single-member districts under the preceding federal census. | ||
| SECTION 4. Chapter 2058, Government Code, is amended by | ||
| adding Sections 2058.003 and 2058.004 to read as follows: | ||
| Sec. 2058.003. INCLUSION OF INCARCERATED PERSONS IN CENSUS | ||
| COUNTS. (a) Not later than the 14th day following the date on which | ||
| the tract-level population counts for this state from the federal | ||
| decennial census are released by the director of the Bureau of the | ||
| Census of the United States Department of Commerce, the | ||
| comptroller, in coordination with the Texas Demographic Center, the | ||
| Texas Legislative Council, and the Texas Department of Criminal | ||
| Justice, shall prepare and disseminate adjusted population counts | ||
| for each geographic unit included in the census counts as provided | ||
| by this section. | ||
| (b) Not later than June 1 of the year in which the federal | ||
| decennial census is conducted, each state or local governmental | ||
| entity in this state that operates a facility for the incarceration | ||
| of persons convicted of a criminal offense, including a mental | ||
| health institution for those persons, or that places any person | ||
| convicted of a criminal offense in a private facility to be | ||
| incarcerated on behalf of the governmental entity, shall submit a | ||
| report to the comptroller with the following information: | ||
| (1) a unique identifier, not including the name, for | ||
| each person incarcerated in a facility operated by the governmental | ||
| entity or in a private facility on behalf of the governmental entity | ||
| on the date for which the census reports population who completed a | ||
| census form, responded to a census inquiry, or was included in any | ||
| report provided to census officials, if the form, response, or | ||
| report indicated that the person resided at the facility on that | ||
| date; | ||
| (2) the age, gender, and race of each person included | ||
| in the report and whether the person is of Hispanic, Latino, or | ||
| Spanish origin, if known; and | ||
| (3) the last address at which the person resided | ||
| before the person's current incarceration. | ||
| (c) Each governmental entity required to make a report under | ||
| Subsection (b) shall ensure that the entity collects and maintains | ||
| the information required to make the report. The comptroller, in | ||
| coordination with the correctional institutions division of the | ||
| Texas Department of Criminal Justice, shall prescribe procedures | ||
| that a governmental entity shall use to permit each person included | ||
| in the report to indicate the person's race and ethnicity for | ||
| purposes of Subsection (b)(2) in a manner similar to the manner in | ||
| which a person not incarcerated would indicate the person's race | ||
| and ethnicity for the federal decennial census. | ||
| (d) The comptroller shall request each agency that operates | ||
| a federal facility in this state that incarcerates persons | ||
| convicted of a criminal offense to provide the comptroller with a | ||
| report including the information listed in Subsection (b) for | ||
| persons convicted of an offense in this state. | ||
| (e) For each person included in a report received under | ||
| Subsection (b) or (d), the comptroller, in coordination with the | ||
| Texas Demographic Center, the Texas Legislative Council, and the | ||
| Texas Department of Criminal Justice, shall determine the | ||
| geographic units for which population counts are reported in the | ||
| federal decennial census that contain the last address at which the | ||
| person resided before the person's incarceration according to the | ||
| report and, if that address is in this state: | ||
| (1) adjust all relevant population counts reported in | ||
| the census, including populations by age, gender, race, and | ||
| Hispanic, Latino, or Spanish origin, as if the person resided at | ||
| that address on the day for which the census reports population; and | ||
| (2) eliminate the person from all applicable | ||
| population counts reported in the federal decennial census for the | ||
| geographic units that include the facility at which the person was | ||
| incarcerated on the day for which the census reports population. | ||
| (f) The information required to be included in a report | ||
| under Subsection (b) or (d) is confidential and not subject to | ||
| required disclosure under Chapter 552. This subsection does not | ||
| apply to information aggregated by geographic census unit that does | ||
| not disclose the address of or other information that might | ||
| identify an individual. | ||
| Sec. 2058.004. USE OF ADJUSTED CENSUS COUNTS FOR | ||
| REDISTRICTING. (a) Each state and local governmental entity, | ||
| including any board or commission, that is responsible for drawing | ||
| districts for any elected office in this state on the basis of | ||
| population, including any federal, state, or local elected office, | ||
| shall use the adjusted population counts prepared by the | ||
| comptroller under Section 2058.003 to determine the population of | ||
| geographic units. | ||
| (b) Each political subdivision of this state that elects any | ||
| members of a governmental body from election districts, wards, or | ||
| precincts that are subject to the one-person, one-vote requirement | ||
| of the Constitution of the United States shall ensure that after | ||
| redistricting each of those election districts, wards, or precincts | ||
| does not vary from the average population of those districts, | ||
| wards, or precincts according to the most recent adjusted | ||
| population counts prepared by the comptroller under Section | ||
| 2058.003 by more than five percent. | ||
| (c) A state governmental body, including the legislature, | ||
| the Legislative Redistricting Board, or any state court, that | ||
| redistricts any election districts subject to the one-person, | ||
| one-vote requirement of the Constitution of the United States shall | ||
| comply with the restriction provided by Subsection (b). | ||
| (d) To the extent of any conflict between Subsection (b) or | ||
| (c) and another state or federal law requiring a deviation of less | ||
| than five percent for an election district, the other law controls. | ||
| (e) A governmental entity to which this section applies may | ||
| exceed the adjusted population restrictions required by this | ||
| section only to the extent necessary to comply with federal law or | ||
| the Texas Constitution. | ||
| (f) This section does not apply to any political subdivision | ||
| or state governmental body before the comptroller makes the initial | ||
| adjustment of census counts under Section 2058.003. | ||
| SECTION 5. Section 151.317, Tax Code, is amended by | ||
| amending Subsection (c) and adding Subsection (c-1) to read as | ||
| follows: | ||
| (c) Except as provided by Subsection (c-1), in [ |
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| section, "residential use" means use: | ||
| (1) in a family dwelling or in a multifamily apartment | ||
| or housing complex or building or in a part of a building occupied | ||
| as a home or residence when the use is by the owner of the dwelling, | ||
| apartment, complex, or building or part of the building occupied; | ||
| or | ||
| (2) in a dwelling, apartment, house, or building or | ||
| part of a building occupied as a home or residence when the use is by | ||
| a tenant who occupies the dwelling, apartment, house, or building | ||
| or part of a building under a contract for an express initial term | ||
| for longer than 29 consecutive days. | ||
| (c-1) The term "residential use" does not include use in a | ||
| health care or detention facility, including a hospital, | ||
| rehabilitation center, substance abuse treatment center, | ||
| psychiatric facility, prison, jail, or other detention center, or | ||
| use by the owner or operator of the health care or detention | ||
| facility. | ||
| SECTION 6. 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 January 1, 2023. | ||
