Sec. 498.0045. FORFEITURE OF GOOD CONDUCT TIME: FRIVOLOUS LAWSUITS. (a) In this section, "final order" means a certified copy of a final order of a state or federal court that dismisses as frivolous or malicious a lawsuit, including a proceeding arising from an application for writ of habeas corpus, brought by an inmate while the inmate was in the custody of the department or confined in county jail awaiting transfer to the department following conviction of a felony or revocation of community supervision, parole, or mandatory supervision.
(a-1) For purposes of this chapter, an application for writ of habeas corpus is considered "frivolous" if brought for the purpose of abusing judicial resources.
(b) On receipt of a final order, the department shall forfeit:
(1) 60 days of an inmate's accrued good conduct time, if the department has previously received one final order;
(2) 120 days of an inmate's accrued good conduct time, if the department has previously received two final orders; or
(3) 180 days of an inmate's accrued good conduct time, if the department has previously received three or more final orders.
(c) The department may not restore good conduct time forfeited under this section.
Added by Acts 1995, 74th Leg., ch. 378, Sec. 5, eff. June 8, 1995. Amended by Acts 1999, 76th Leg., ch. 655, Sec. 3, eff. June 18, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1207 (H.B. 681), Sec. 1, eff. September 1, 2005.
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