88R6945 PRL-D
 
  By: Cortez H.B. No. 1446
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to procedures governing declared disasters for the Texas
  Department of Criminal Justice.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle G, Title 4, Government Code, is amended
  by adding Chapter 509A to read as follows:
  CHAPTER 509A. PROCEDURES FOR DECLARED DISASTERS
         Sec. 509A.001.  DEFINITION. In this chapter, "declared
  disaster" means a disaster declared by:
               (1)  the governor under Chapter 418; or
               (2)  the president of the United States under the
  Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
  U.S.C. Section 5121 et seq.), if any part of this state is named in
  the federally declared disaster area.
         Sec. 509A.002.  ADVISORY BOARD. (a) An advisory board is
  established to provide the department with recommendations for the
  emergency response plan developed under Section 509A.003 and to
  update those recommendations annually.
         (b)  The advisory board is composed of:
               (1)  the executive director or the executive director's
  designee;
               (2)  the commissioner of public health of the
  Department of State Health Services or the commissioner's designee;
  and
               (3)  the following members appointed by the governor:
                     (A)  at least two members, each of whom is a
  correctional officer employed by the department at the level of
  sergeant or lower and is a member of an employee organization the
  majority of the membership of which consists of department
  employees;
                     (B)  at least two members, each of whom has
  previously been incarcerated;
                     (C)  two members, each of whom is a family member
  of an inmate;
                     (D)  one member who has a background in emergency
  planning and has previously created an emergency management program
  for accreditation purposes; and
                     (E)  one member with a background in public health
  who is capable of ascertaining vulnerabilities to emerging diseases
  or infections that could affect the department's operations.
         (c)  In developing and updating the recommendations required
  by this section:
               (1)  the advisory board shall consider all strategies
  to plan for emergency situations, including plans to prevent
  interruptions to the provision of educational and rehabilitative
  programming to inmates;
               (2)  the advisory board may access any facility
  operated by or under contract with the department; and
               (3)  the department shall provide the advisory board
  with access to all relevant information necessary to make the
  recommendations.
         (c-1)  Not later than March 1, 2024, the advisory board shall
  develop the initial recommendations required by this section and
  submit those recommendations to the department. This subsection
  expires September 1, 2024.
         (d)  Not later than March 1 of each year, the advisory board
  shall update the recommendations developed under this section and
  submit those recommendations to the department.
         (e)  If the department's response to a declared disaster is
  inconsistent with the recommendations submitted under this
  section, the advisory board may obtain any relevant data and
  reports and may conduct interviews with inmates and other relevant
  persons to identify any consequences of the department's response.
         (f)  Chapter 2110 does not apply to the composition or
  duration of the advisory board.
         Sec. 509A.003.  EMERGENCY RESPONSE PLAN. (a) The
  department shall develop an emergency response plan to be
  implemented when responding to a declared disaster.
         (b)  The emergency response plan must specify the operating
  procedures that will be implemented by a correctional facility
  during a declared disaster, including:
               (1)  evacuation procedures for inmates and employees of
  the facility;
               (2)  guidelines for employees of the facility to ensure
  their safety and well-being; and
               (3)  provisions to:
                     (A)  prevent or minimize extended lockdowns or
  periods of inmate segregation in a correctional facility;
                     (B)  ensure that an inmate may continue to
  participate, during any extended period of a declared disaster, in
  any classes or programs that the Board of Pardons and Paroles has
  required the inmate to complete before being released on parole;
                     (C)  ensure that inmates have commissary access at
  regular intervals during any extended period of a declared
  disaster;
                     (D)  ensure that the department and each
  correctional facility have sufficient quantities of personal
  protective equipment for employees and inmates;
                     (E)  ensure that an inmate is not denied access to
  medical care, medication, or personal hygiene items; and
                     (F)  prohibit a correctional facility from
  suspending in-person inmate visitation during any extended period
  of a declared disaster, provided that a correctional facility may
  temporarily institute video visitation for the health and safety of
  inmates and staff.
         SECTION 2.  The Texas Department of Criminal Justice shall
  develop the emergency response plan required by Section 509A.003,
  Government Code, as added by this Act, not later than the 180th day
  after the date the advisory board submits recommendations to the
  department as required by Section 509A.002(c-1), Government Code,
  as added by this Act.
         SECTION 3.  This Act takes effect September 1, 2023.