Bill Text: TX HB1461 | 2025-2026 | 89th Legislature | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-11-22 - Filed [HB1461 Detail]
Download: Texas-2025-HB1461-Introduced.html
| 89R2838 MCF-D | ||
| By: Frank | H.B. No. 1461 | |
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| 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. 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 4. (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, 2026, 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, 2026, regardless of | ||
| whether the disposition order is issued before, on, or after that | ||
| date. | ||
| (c) Section 508.285, Government Code, as added by this Act, | ||
| applies only to compensation to a county for the cost of confinement | ||
| of a person that occurs on or after January 1, 2026, 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 5. 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, 2025. | ||
