HB 1461 Texas House · 89th Legislature (2025)

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.

HB 1461 requires state agencies like the Texas Department of Criminal Justice and Texas Juvenile Justice Department to take custody of individuals confined in county facilities within 45 days. If they fail to do so, the agencies must compensate counties for the cost of each day the individuals remain confined beyond that deadline, at the rate the agency would have paid for confinement. This applies to defendants in criminal cases, children in juvenile justice cases, and releasees for administrative violations. The law takes effect on January 1, 2026, for all cases occurring on or after that date.
Bill status passed 3 of 5 stages cleared
Introduction
Mar 2025
Committee Review
May 2025
House Passage
Apr 2025
Senate Passage
Governor
Introduced Mar 11, 2025 Last action May 13, 2025
Maddy AI version diff · 1 comparison

What changed between versions

Introduced Engrossed · 5 edits · Apr 30, 2025
MODERATE
This bill establishes compensation requirements for counties when state agencies fail to take custody of individuals within 45 days of transfer orders. The legislation adds new sections to three different state codes to ensure counties are reimbursed for detention costs when the Texas Department of Criminal Justice or Texas Juvenile Justice Department delays taking custody. The changes also set a January 1, 2026 effective date for compensation provisions regardless of when orders were issued.
Scope change
The bill expands state code provisions to include compensation mechanisms for counties when state agencies delay custody transfers, affecting three different legal codes (Criminal Procedure, Family Code, and Government Code).
REQUIREMENT

New Article 46B.014 requires the commission to take custody of defendants awaiting transfer within 45 days and compensate counties for each day of delay.

New Section 54.04(s) and (t) in Family Code requires juvenile justice department to accept custody of children within 45 days and compensate counties for delays.

New Section 508.285 in Government Code requires department to take custody of releasees within 45 days and compensate counties for delays.

TIMELINE

All compensation provisions apply only to costs occurring on or after January 1, 2026, regardless of when orders were issued.

TECHNICAL

Bill formatting and metadata were updated from introduced version to engrossed version with standard legislative formatting.

Floor votes · House Apr 29, 2025

How they voted

1460
Passed · 1 other
Total votes 147
Apr 29, 2025
D Democratic61
60 Yea 1
98% Yea
R Republican86
86 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
25
Key actions
7
Committee
7
May 5, 2025
Committee
Referred to Finance
upper
May 5, 2025
Introduced
Read first time
upper
Apr 30, 2025
Introduced
Received from the House
upper
Apr 30, 2025
Lower · Passed
Passed
lower
Apr 29, 2025
Lower · Passed
Passed to engrossment
lower
Apr 22, 2025
Lower · Passed
Committee report sent to Calendars
lower
Apr 21, 2025
Lower · Passed
Committee report distributed
lower
Apr 9, 2025
Lower · Passed
Reported favorably w/o amendment(s)
lower
Apr 2, 2025
Lower · Passed
Left pending in committee
lower
Apr 2, 2025
Lower · Passed
Testimony taken/registration(s) recorded in committee
lower
Mar 11, 2025
Committee
Referred to Corrections
lower
Mar 11, 2025
Introduced
Read first time
lower
3 primary · 2 co-sponsors

Sponsors