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SB2938

Regular Session

Relating to the verification of the veteran status of inmates and prisoners.

Moderate
Low Cost
Effective:2025-09-01
Enforcing Agencies

Commission on Jail Standards • Texas Department of Criminal Justice • Texas Veterans Commission

01

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

  • Effective Date: September 1, 2025
  • Compliance Deadline: September 1, 2025 (Intake systems must be live with VRSS integration).
  • Agency Rulemaking: The Commission on Jail Standards (TCJS) is required to update minimum jail standards to codify the VRSS requirement. Watch for proposed rules in early-to-mid 2025 regarding the specific definition of "intake process" timing and data handling.

Immediate Action Plan

  • Register for VRSS: Initiate agency registration for the U.S. VA’s Veterans Reentry Search Service immediately; federal access approval is a long-lead item.
  • Update JMS: Issue a directive to your Jail Management System (JMS) vendor to add mandatory VRSS data fields to the booking screen before July 2025.
  • Audit Telecom Contracts: Identify all "per-minute" video visitation clauses and initiate amendments to exempt Veteran Service Officers.
  • Establish Reporting Lists: Create the email distribution list for the mandatory weekly report (TVC, County Service Officer, and Court Clerks) to ensure no recipient is missed.

Operational Changes Required

Contracts

  • Telecom & Video Visitation: Review Inmate Telephone System (ITS) and Video Visitation agreements immediately. You must negotiate a "zero-rate" or "whitelisting" provision for calls and video visits with Veteran Service Officers and Peer Coordinators.
  • Private Jail Operations: If you are a private operator, issue a "Change in Law" notice to counties. You may need to request contract adjustments to cover the increased administrative labor required for the new weekly reporting and VRSS data entry.

Hiring/Training

  • Intake Staff: Booking officers require immediate training on the VRSS query interface and the protocol for distributing TVC-provided postcards.
  • Records Division: Staff must be trained to generate and disseminate the mandatory weekly status report to three distinct external entities (TVC, Service Officers, and Courts).

Reporting & Record-Keeping

  • Weekly Reporting: Implement a rigid weekly workflow to transmit veteran data to the Texas Veterans Commission, the local Veterans County Service Officer, and the presiding Court.
  • Transfer Protocols: Update TDCJ transfer checklists. The specific veteran verification document must accompany the prisoner upon transfer to state custody; failure to include this may delay transfer acceptance.

Fees & Costs

  • Service Absorption: Facilities must absorb the cost of postcards for benefit applications and video visitation fees for veteran service officers. These services must be provided at zero cost to the inmate.

Strategic Ambiguities & Considerations

  • "Intake Process" Window: The statute requires verification during "intake" but does not define the hourly window (e.g., within 4 hours vs. 24 hours). TCJS rulemaking will likely clarify this; until then, treat it as a mandatory step prior to housing assignment to mitigate liability.
  • Cost Allocation: The law mandates free video visits for veterans but does not specify if the vendor or the county bears the lost revenue. Expect vendors to attempt to bill the county for these minutes unless contracts are amended explicitly.

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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

02

Legislative Timeline

This bill's path through the Texas Legislature

Filed
Mar 14, 2025
Passed Senate
Apr 30, 2025
Passed House
May 20, 2025
Signed
May 30, 2025
TopicsCorrectionsCorrections--jails & PrisonsMilitary & VeteransSheriffs
03

Official Analysis

View HRO AnalysisView All Bill Documents

BILL ANALYSIS

Senate Research Center

S.B. 2938

89R5382 BCH-D

By: Men�ndez

Veteran Affairs

4/11/2025

As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Currently, the Texas Department of Criminal Justice (TDCJ) identifies veterans at the point of incarceration through the Veterans Affairs Veteran's Reentry Search Service (VRSS). Once a veteran in TDCJ has been identified, they are provided with a Texas Veterans Commission (TVC) brochure and literature about services available to TDCJ-involved veterans while they are incarcerated and for re-entry. These are just one of the many strategies Texas' criminal justice agencies use to support justice-involved veterans. However, there are still gaps in how Texas identifies its veterans, ensures they are connected to resources, and receive assistance in obtaining those resources at no cost.

S.B. 2938 bolsters the existing support that veteran inmates in county jails and TDCJ already receive by:

  • Requiring the officer transferring an inmate to TDCJ to be given documentation on the veteran status of the defendant;
  • Providing identified veteran inmates with assistance in applying for federal benefits, including mailing necessary documents for those benefits � at no charge to the inmate;
  • Requiring county sheriffs to investigate and verify the veteran status of each prisoner during intake and provide them with verification of their veteran status with a prepaid postcard provided by the TVC so the prisoner can request assistance in applying for their benefits;
  • Requiring county sheriffs to submit daily reports identifying each veteran prisoner to the TVC, the veterans county service officer for the county and court the prisoner was involved with prior to their incarceration; and
  • Allow veteran inmates in county jails to have free in-person or video visitation with either a veterans county service officer or peer service coordinator.

As proposed, S.B. 2938 amends current law relating to the verification of the veteran status of inmates and prisoners.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 8(a), Article 42.09, Code of Criminal Procedure, as follows:

(a) Requires a county that transfers a defendant to the Texas Department of Criminal Justice (TDCJ) under Article 42.09 (Commencement of Sentence; Status During Appeal; Pen Packet) to deliver certain information to an officer designated by TDCJ, including the veteran status of the defendant as determined by an investigation conducted in accordance with Section 511.009(a)(17)(A), Government Code. Makes nonsubstantive changes.

SECTION 2. Amends Section 501.024(b), Government Code, as follows:

(b) Requires TDCJ to take certain actions, including use the data described by Subdivision (1) (relating to requiring TDCJ to investigate and verify the veteran status of each inmate) to assist inmates who are veterans in applying for federal benefits or compensation for which the inmates may be eligible under a program administered by the United States Department of Veterans Affairs, including mailing any related paperwork, application, or other correspondence on behalf of and at no charge to the inmate.

SECTION 3. Amends Section 511.009(a), Government Code, as follows:

(a) Requires the Commission on Jail Standards to:

(1)-(16) makes no changes to these subdivisions;

(17) require the sheriff of each county to:

(A) investigate and verify the veteran status of each prisoner during the intake process by using data made available from the Veterans Reentry Search Service (VRSS) operated by the United States Department of Veterans Affairs or a similar service;

(B) use the data described by Paragraph (A) to assist prisoners who are veterans in applying for federal benefits or compensation for which the prisoners may be eligible under a program administered by the United States Department of Veterans Affairs, including providing the prisoner on verification of the prisoner's veteran status with a prepaid postcard that is supplied by the Texas Veterans Commission (TVC) for purposes of requesting assistance in applying for veterans benefits;

(C) submit a daily report identifying each prisoner whose veteran status was verified under Paragraph (A) during the previous day to TVC and, as applicable, the veterans county service officer for the county and each court in which charges against a prisoner identified in the report are pending; and

(D) allow for a prisoner whose veteran status has been verified under Paragraph (A) to have in-person or video visitation with the veterans county service officer for the county or a peer service coordinator at no cost to the prisoner; and

(18)-(20) makes no changes to these subdivisions.

SECTION 4. Effective date: September 1, 2025.

Senate Authors

Sen. Jose MenendezDemocrat · Primary Author
Coauthors (1)

House Sponsors

Rep. Ramon RomeroDemocrat · Primary Sponsor
Joint Sponsors

Bill Text(with markup)

S.B. No. 2938
View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

AN ACT
relating to the verification of the veteran status of inmates and
prisoners.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 8(a), Article 42.09, Code of Criminal
Procedure, is amended to read as follows:
       (a)  A county that transfers a defendant to the Texas
Department of Criminal Justice under this article shall deliver to
an officer designated by the department:
             (1)  a copy of the judgment entered pursuant to Article
42.01, completed on a standardized felony judgment form described
by Section 4 of that article;
             (2)  a copy of any order revoking community supervision
and imposing sentence pursuant to Article 42A.755, including:
                   (A)  any amounts owed for restitution, fines, and
court costs, completed on a standardized felony judgment form
described by Section 4, Article 42.01; and
                   (B)  a copy of the client supervision plan
prepared for the defendant by the community supervision and
corrections department supervising the defendant, if such a plan
was prepared;
             (3)  a written report that states the nature and the
seriousness of each offense and that states the citation to the
provision or provisions of the Penal Code or other law under which
the defendant was convicted;
             (4)  a copy of the victim impact statement, if one has
been prepared in the case under Subchapter D, Chapter 56A;
             (5)  a statement as to whether there was a change in
venue in the case and, if so, the names of the county prosecuting
the offense and the county in which the case was tried;
             (6)  if requested, information regarding the criminal
history of the defendant, including the defendant's state
identification number if the number has been issued;
             (7)  a copy of the indictment or information for each
offense;
             (8)  a checklist sent by the department to the county
and completed by the county in a manner indicating that the
documents required by this subsection and Subsection (c) accompany
the defendant;
             (9)  if prepared, a copy of a presentence or
postsentence report prepared under Subchapter F, Chapter 42A;
             (10)  a copy of any detainer, issued by an agency of the
federal government, that is in the possession of the county and that
has been placed on the defendant;
             (11)  if prepared, a copy of the defendant's Texas
Uniform Health Status Update Form;
             (12)  a written description of a hold or warrant,
issued by any other jurisdiction, that the county is aware of and
that has been placed on or issued for the defendant; [and]
             (13)  a copy of any mental health records, mental
health screening reports, or similar information regarding the
mental health of the defendant; and
(14)  the veteran status of the defendant as determined
by an investigation conducted in accordance with Section
511.009(a)(17)(A), Government Code.
       SECTION 2.  Section 501.024(b), Government Code, is amended
to read as follows:
       (b)  The department shall:
             (1)  in consultation with the Texas Veterans
Commission, investigate and verify the veteran status of each
inmate by using the best available federal data; and
             (2)  use the data described by Subdivision (1) to
assist inmates who are veterans in applying for federal benefits or
compensation for which the inmates may be eligible under a program
administered by the United States Department of Veterans Affairs,
including mailing any related paperwork, application, or other
correspondence on behalf of and at no charge to the inmate.
       SECTION 3.  Section 511.009(a), Government Code, is amended
to read as follows:
       (a)  The commission shall:
             (1)  adopt reasonable rules and procedures
establishing minimum standards for the construction, equipment,
maintenance, and operation of county jails;
             (2)  adopt reasonable rules and procedures
establishing minimum standards for the custody, care, and treatment
of prisoners;
             (3)  adopt reasonable rules establishing minimum
standards for the number of jail supervisory personnel and for
programs and services to meet the needs of prisoners;
             (4)  adopt reasonable rules and procedures
establishing minimum requirements for programs of rehabilitation,
education, and recreation in county jails;
             (5)  regularly review the commission's rules and
procedures and revise, amend, or change the rules and procedures if
necessary;
             (6)  provide to local government officials
consultation on and technical assistance for county jails;
             (7)  review and comment on plans for the construction
and major modification or renovation of county jails;
             (8)  require that the sheriff and commissioners of each
county submit to the commission, on a form prescribed by the
commission, an annual report on the conditions in each county jail
within their jurisdiction, including all information necessary to
determine compliance with state law, commission orders, and the
rules adopted under this chapter;
             (9)  review the reports submitted under Subdivision (8)
and require commission employees to inspect county jails regularly
to ensure compliance with state law, commission orders, and rules
and procedures adopted under this chapter;
             (10)  adopt a classification system to assist sheriffs
and judges in determining which defendants are low-risk and
consequently suitable participants in a county jail work release
program under Article 42.034, Code of Criminal Procedure;
             (11)  adopt rules relating to requirements for
segregation of classes of inmates and to capacities for county
jails;
             (12)   adopt a policy for gathering and distributing to
jails under the commission's jurisdiction information regarding:
                   (A)  common issues concerning jail
administration;
                   (B)  examples of successful strategies for
maintaining compliance with state law and the rules, standards, and
procedures of the commission; and
                   (C)  solutions to operational challenges for
jails;
             (13)  report to the Texas Correctional Office on
Offenders with Medical or Mental Impairments on a jail's compliance
with Article 16.22, Code of Criminal Procedure;
             (14)  adopt reasonable rules and procedures
establishing minimum requirements for a county jail to:
                   (A)  determine if a prisoner is pregnant;
                   (B)  ensure that the jail's health services plan
addresses medical care, including obstetrical and gynecological
care, mental health care, nutritional requirements, and any special
housing or work assignment needs for prisoners who are known or
determined to be pregnant; and
                   (C)  identify when a pregnant prisoner is in labor
and provide appropriate care to the prisoner, including promptly
transporting the prisoner to a local hospital;
             (15)  provide guidelines to sheriffs regarding
contracts between a sheriff and another entity for the provision of
food services to or the operation of a commissary in a jail under
the commission's jurisdiction, including specific provisions
regarding conflicts of interest and avoiding the appearance of
impropriety;
             (16)  adopt reasonable rules and procedures
establishing minimum standards for prisoner visitation that
provide each prisoner at a county jail with a minimum of two
in-person, noncontact visitation periods per week of at least 20
minutes duration each;
             (17)  require the sheriff of each county to:
                   (A)  investigate and verify the veteran status of
each prisoner during the intake process by using data made
available from the Veterans Reentry Search Service (VRSS) operated
by the United States Department of Veterans Affairs or a similar
service; [and]
                   (B)  use the data described by Paragraph (A) to
assist prisoners who are veterans in applying for federal benefits
or compensation for which the prisoners may be eligible under a
program administered by the United States Department of Veterans
Affairs, including providing the prisoner on verification of the
prisoner's veteran status with a prepaid postcard that is supplied
by the Texas Veterans Commission for purposes of requesting
assistance in applying for veterans benefits;
(C)  submit a weekly report identifying each
prisoner whose veteran status was verified under Paragraph (A)
during the previous week to the Texas Veterans Commission and, as
applicable, the veterans county service officer for the county and
each court in which charges against a prisoner identified in the
report are pending; and
(D)  allow for a prisoner whose veteran status has
been verified under Paragraph (A) to have in-person or video
visitation with the veterans county service officer for the county
or a peer service coordinator at no cost to the prisoner;
             (18)  adopt reasonable rules and procedures regarding
visitation of a prisoner at a county jail by a guardian, as defined
by Section 1002.012, Estates Code, that:
                   (A)  allow visitation by a guardian to the same
extent as the prisoner's next of kin, including placing the
guardian on the prisoner's approved visitors list on the guardian's
request and providing the guardian access to the prisoner during a
facility's standard visitation hours if the prisoner is otherwise
eligible to receive visitors; and
                   (B)  require the guardian to provide the sheriff
with letters of guardianship issued as provided by Section
1106.001, Estates Code, before being allowed to visit the prisoner;
             (19)  adopt reasonable rules and procedures to ensure
the safety of prisoners, including rules and procedures that
require a county jail to:
                   (A)  give prisoners the ability to access a mental
health professional at the jail or through a telemental health
service 24 hours a day or, if a mental health professional is not at
the county jail at the time, then require the jail to use all
reasonable efforts to arrange for the inmate to have access to a
mental health professional within a reasonable time;
                   (B)  give prisoners the ability to access a health
professional at the jail or through a telehealth service 24 hours a
day or, if a health professional is unavailable at the jail or
through a telehealth service, provide for a prisoner to be
transported to access a health professional; and
                   (C)  if funding is available under Section
511.019, install automated electronic sensors or cameras to ensure
accurate and timely in-person checks of cells or groups of cells
confining at-risk individuals; and
             (20)  adopt reasonable rules and procedures
establishing minimum standards for the quantity and quality of
feminine hygiene products, including tampons in regular and large
sizes and menstrual pads with wings in regular and large sizes,
provided to a female prisoner.
       SECTION 4.  This Act takes effect September 1, 2025.
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION
April 14, 2025

TO:
Honorable Kelly Hancock, Chair, Senate Committee on Veteran Affairs
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
SB2938 by Menéndez (Relating to the verification of the veteran status of inmates and prisoners.), As Introduced

No significant fiscal implication to the State is anticipated.

It is assumed that any costs associated with the bill could be absorbed using existing resources.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.


Source Agencies:
403 Veterans Commission, 409 Commission on Jail Standards, 696 Department of Criminal Justice
LBB Staff:
JMc, KDw, CSh, HE

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Quick Reference

Frequently Asked Questions

Common questions about SB2938

Q

What does Texas SB2938 do?

Senate Bill 2938 mandates that all county jails and private detention contractors integrate the federal Veterans Reentry Search Service (VRSS) into their intake procedures by September 1, 2025. This legislation removes discretion regarding veteran identification, compels the renegotiation of telecom contracts to provide cost-free visitation for verified veterans, and establishes a mandatory weekly reporting pipeline to state agencies and courts. Implementation Timeline Effective Date: September 1, 2025 Compliance Deadline: September 1, 2025 (Intake systems must be live with VRSS integration).

Q

Who authored SB2938?

SB2938 was authored by Texas Senator Jose Menendez during the Regular Session.

Q

When was SB2938 signed into law?

SB2938 was signed into law by Governor Greg Abbott on May 30, 2025.

Q

Which agencies enforce SB2938?

SB2938 is enforced by Commission on Jail Standards, Texas Department of Criminal Justice and Texas Veterans Commission.

Q

How urgent is compliance with SB2938?

The compliance urgency for SB2938 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

Q

What is the cost impact of SB2938?

The cost impact of SB2938 is estimated as "low". This may vary based on industry and implementation requirements.

Q

What topics does SB2938 address?

SB2938 addresses topics including corrections, corrections--jails & prisons, military & veterans and sheriffs.

Legislative data provided by LegiScanLast updated: November 25, 2025

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