Highlights 77th Texas Legislature - Senate

________________ C RIMINAL
USTICE/General/General
RIMINAL JUSTICE
77 th Texas Legislature
Provides that a person commits theft of service if the person, with the intent to avoid payment for service,
intentionally or knowingly secures the performance of the service by agreeing to provide compensation
and, after the service is rendered, fails to make payment after receiving notice demanding payment.
Makes it a defense to prosecution that the defendant secured the performance of the service by giving a
post-dated check and the check was accepted.
Collection and Reporting of Data on Offenders with Mental Impairments - S.B. 644
by Senator Moncrief
House Sponsor: Representative Gray
Certain agencies that provide services regarding offenders with mental impairments are required to adopt a
memorandum of understanding establishing their responsibilities in instituting continuity of care and service
programs for offenders with mental impairments. However, the memorandum presents no clear provision
regarding the collection and reporting of data on offenders with mental impairments.
Requires that the memorandum of understanding:
• establish methods for collecting and reporting prevalence rate data to the Texas Council on
Offenders with Mental Impairments (council);
• develop standards for the continuation of care by criminal justice and mental health agencies,
including the Commission on Jail Standards, and local jails; and
• establish a process to report implementation activities to the council.
Requires local and state criminal justice agencies to contract, whenever possible, with local mental health
or mental retardation authorities to maximize Medicaid funding.
Texas Controlled Substances Act in Line with Federal Law - S.B. 753
by Senator Van de Putte
House Sponsors: Representative Keel, et al.
Federal law has reclassified certain controlled substances and classified new controlled substances in the
federal penalty groups. As a result, changes in the Texas Controlled Substances Act are necessary if state
law is to be consistent with federal law.
• Modifies and adds to the controlled substance penalty groups;
• Includes officials of political subdivisions of this and other states among those officials who may
possess controlled substances;
• Imposes criminal penalties for crimes related to prescription forgery; and
• Restricts accessibility to certain related information.
Increased Penalties for Making False Statements to Law Enforcement - S.B. 904
by Senator Bernsen
Senate Research Center 43