The bill, H.B. No. 1461, introduces new provisions regarding the confinement and detention of individuals in county jails and the associated compensation for counties. It adds Article 46B.014 to the Code of Criminal Procedure, which mandates that the commission must take custody of a defendant awaiting transfer to a facility operated by or under contract with the commission within 45 days of the order being issued. If the commission fails to do so, it is required to compensate the county for the costs of confinement for each day the defendant remains in the county jail beyond this period. Similar provisions are added to the Family Code and Government Code, ensuring that the Texas Juvenile Justice Department and the Texas Department of Criminal Justice must also take custody of children and releasees, respectively, within 45 days, or compensate the county for the costs incurred during the delay.

The bill specifies that these new compensation provisions will only apply to costs incurred on or after January 1, 2026, regardless of when the relevant orders or commitments are issued. This means that counties will not be able to claim compensation for confinement costs prior to this date. The bill is set to take effect immediately upon receiving a two-thirds majority vote in both houses, or on September 1, 2025, if such a vote is not achieved.

Statutes affected:
Introduced: Family Code 54.04 (Family Code 54)
House Committee Report: Family Code 54.04 (Family Code 54)
Engrossed: Family Code 54.04 (Family Code 54)