Sec. 508.149. INMATES INELIGIBLE FOR MANDATORY SUPERVISION.¹ (a) An inmate may not be released to mandatory supervision if the inmate is serving a sentence for or has been previously convicted of:¹

          (1) an offense for which the judgment contains an affirmative finding under Section 3g(a)(2), Article 42.12, Code of Criminal Procedure²;

          (2) a first degree felony under Section 19.02, Penal Code;

          (3) a capital felony under Section 19.03, Penal Code;

          (4) a first degree felony or a second degree felony under Section 20.04, Penal Code;

          (5) a second degree felony under Section 22.011, Penal Code;

          (6) a first degree felony or a second degree felony under Section 22.02, Penal Code;

          (7) a first degree felony under Section 22.021, Penal Code;

          (8) a first degree felony under Section 22.04, Penal Code;

          (9) a first degree felony under Section 28.02, Penal Code;

        (10) a second degree felony under Section 29.02, Penal Code;

        (11) a first degree felony under Section 29.03, Penal Code;

        (12) a first degree felony under Section 30.02, Penal Code;³ or

        (13) a felony for which the punishment is increased under Section 481.134, Health and Safety Code.

(b) An inmate may not be released to mandatory supervision if a parole panel determines that:

          (1) the inmate's accrued good conduct time is not an accurate reflection of the inmate's potential for rehabilitation; and

          (2) the inmate's release would endanger the public.

(c) A parole panel that makes a determination under Subsection (b) shall specify in writing the reasons for the determination.

(d) A determination under Subsection (b) is not subject to administrative or judicial review, except that the parole panel making the determination shall reconsider the inmate for release to mandatory supervision at least twice during the two years after the date of the determination.
 

1Bobby's charges and date of conviction make him eligible for mandatory supervision. This is the first clue this does not apply to Bobby. I was told it could not be that simple. ((The Texas court ruled in ex parte Keller Oct 2005 that, yes, it is that simple.))

2Bobby's only remaining conviction is the Burglary of Habitation and is not considered to be 3g in nature. (See Wilder letter).

3Penal Code 30.02 refers to Burglary of Habitation. This is the point they were saying made him ineligible for HB1649 since it was listed in 508.149, in spite of the fact this law was written 11 years after he was convicted.  (See Hees letter) There was also some further discussion about this charge.

But if 508.149 was written in 1997, and it directs you to the previous law, what does that say?