Tex. Gov't Code § 501.019 · Subchapter A. GENERAL WELFARE PROVISIONS
COST OF CONFINEMENT AS CLAIM; SETOFF.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) The state may deduct from any monetary obligation owed to an incarcerated person:
(1) the cost of incarceration, if a cost of incarceration for the person can be computed; and
(2) any amount assessed against the person under Section 14.006, Civil Practice and Remedies Code, that remains unpaid at the time the monetary obligation is to be paid.
(b) In a case in which a person may be indemnified under Chapter 104, Civil Practice and Remedies Code, and that arises from a claim made by a person for whom a cost of incarceration can be computed, the court shall reduce the amount recoverable by the claimant by the amount of the cost of incarceration.
(c) The annual cost of incarceration of a person shall be computed using the average cost per day for imprisonment calculated by the Criminal Justice Policy Council.
(d) In making a deduction under Subsection (a) or in reducing an award under Subsection (b), the department or the court shall credit or debit a prorated portion of the cost of incarceration for a person incarcerated for 365 days or less in a year. The number of days of incarceration in a year includes time served before conviction.
(e) This section applies to a monetary obligation arising from a judgment against the state, an agency of the state, or an officer or employee of the state or an agency of the state, only if:
(1) the judgment awards damages for property damage or bodily injury resulting from a negligent act or omission, including an act or omission described by Section 101.021(1), Civil Practice and Remedies Code; and
(2) there is not a finding by the court of a violation of the constitution of this state or the United States.
Notes and commentary — not statutory text
History
Added by Acts 1995, 74th Leg., ch. 378, Sec. 7, eff. June 8, 1995.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/GV/htm/GV.501.htm
- Text hash
- sha256 9559ab01e8839721d8feab2c634c7636078a539cfb9ebc8838cef44818dddc3a
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Civil Practice and Remedies Code
- Tex. Civ. Prac. & Rem. Code § 14.006COURT FEES, COURT COSTS, OTHER COSTS.Printed as Section 14.006, Civil Practice and Remedies Code
- Tex. Civ. Prac. & Rem. Code § 101.021GOVERNMENTAL LIABILITY.Printed as Section 101.021(1), Civil Practice and Remedies Code
- Tex. Civ. Prac. & Rem. Code ch. 104STATE LIABILITY FOR CONDUCT OF PUBLIC SERVANTSPrinted as Chapter 104, Civil Practice and Remedies Code
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.