89R15572 MCF-D
	By: Olcott	H.B. No. 4878

	A BILL TO BE ENTITLED
	AN ACT
	relating to reporting regarding the confinement in the Texas
	Department of Criminal Justice or a county jail of certain persons
	not lawfully present.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 493, Government Code, is amended by
	adding Section 493.01505 to read as follows:
	Sec. 493.01505.  REPORT REGARDING ILLEGAL CRIMINAL ALIENS.
	(a) In this section, "illegal criminal alien" has the meaning
	assigned by Section 493.015.
	(b)  Not later than January 31 of each year, the department
	shall prepare and submit to the governor, the lieutenant governor,
	and each member of the legislature a written report on the
	confinement, during the preceding year, of illegal criminal aliens
	in facilities operated by or under contract with the department.
	The report must include:
	(1)  the number of illegal criminal aliens confined and
	the total cost to confine those aliens;
	(2)  the percentage of each facility's capacity that is
	occupied by illegal criminal aliens;
	(3)  the estimated cost to confine all illegal criminal
	aliens for the remainder of each alien's sentence; and
	(4)  other information regarding the total impact of
	illegal criminal aliens on each facility.
	SECTION 2.  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 for whom an immigration detainer
	has been issued by United States Immigration and Customs
	Enforcement;
	(N)  prisoners who are not:
	(i)  a citizen or national of the United
	States; or
	(ii)  an alien who is lawfully admitted for
	permanent residence in the United States under the federal
	Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.) or
	authorized to be employed by that act or the United States attorney
	general;
	(O)  female prisoners; and
	(P) [(O)]  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)  for prisoners described by Subdivision (1)(N):
	(A)  the total cost to the county during the
	preceding month and the estimated cost to the county for the current
	month of housing those prisoners calculated based on the average
	daily cost of housing a prisoner in the county jail; and
	(B)  the total impact of prisoners described by
	Subdivision (1)(N) in the county jail; and
	(6)  certification by the reporting official that the
	information in the report is accurate.
	SECTION 3.  Chapter 511, Government Code, is amended by
	adding Section 511.01021 to read as follows:
	Sec. 511.01021.  REPORT REGARDING PRISONERS NOT LAWFULLY
	PRESENT. Not later than January 31 of each year, the commission
	shall:
	(1)  aggregate the information submitted to the
	commission under Sections 511.0101(a)(1)(N) and (a)(5); and
	(2)  submit to the governor, the lieutenant governor,
	and each member of the legislature a report for the preceding year
	on the information aggregated under Subdivision (1).
	SECTION 4.  (a)  Notwithstanding Section 493.01505,
	Government Code, as added by this Act, the Texas Department of
	Criminal Justice is not required to submit the initial report
	required by that section until January 31, 2027.
	(b)  Notwithstanding Section 511.01021, Government Code, as
	added by this Act, the Commission on Jail Standards is not required
	to submit the initial report required by that section until January
	31, 2027.
	SECTION 5.  This Act takes effect September 1, 2025.