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A BILL TO BE ENTITLED
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AN ACT
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relating to the reimbursement to a county for the costs of confining |
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a person arrested under an out-of-county warrant. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 104.002(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) Except as otherwise provided by this article and Article |
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104.0025, a county is liable for all expenses incurred in the |
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safekeeping of prisoners confined in the county jail or kept under |
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guard by the county. If a prisoner is transferred to a county from |
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another county on a change of venue, for safekeeping, or for a |
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habeas corpus hearing, the county transferring the prisoner is |
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liable for the expenses described by this article. |
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SECTION 2. Chapter 104, Code of Criminal Procedure, is |
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amended by adding Article 104.0025 to read as follows: |
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Art. 104.0025. EXPENSES FOR CERTAIN PERSONS CONFINED FOR |
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OUT-OF-COUNTY OFFENSE. (a) If a person is arrested under a warrant |
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issued in a county other than the county of arrest and notice of the |
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arrest and commitment has been provided under Article 15.19 to the |
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sheriff of the county that issued the warrant, the county that |
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issued the warrant is responsible for all expenses incurred by the |
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county of arrest relating to the safekeeping in a county jail of the |
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arrested person. |
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(b) If the county of arrest incurs expenses for the |
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safekeeping of the arrested person, the sheriff shall submit to the |
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county judge an account of expenses incurred by the county for the |
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person. The county judge shall approve the amount the county judge |
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determines is a correct statement of the expenses and sign and date |
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the account. |
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(c) The county judge shall submit to the commissioners court |
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of the county that issued the warrant, at a regular term of the |
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court, the county judge's signed statement of the account described |
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by Subsection (b). If the commissioners court determines that the |
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account is in accordance with the law, it shall order the county |
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treasurer to issue to the sheriff of the county submitting the |
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statement a draft in an amount approved by the court. |
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SECTION 3. The change in law made by this Act applies only |
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to a person who is arrested on or after the effective date of this |
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Act. A person arrested before the effective date of this Act is |
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governed by the law in effect on the date the person was arrested, |
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and the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2019. |