(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.

Terms Used In Texas Government Code 498.0045

  • Conviction: A judgement of guilt against a criminal defendant.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.

(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.

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