By:  Culberson                                        H.B. No. 2670
       73R2986 GWK-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the maximum capacity of the institutional division of
    1-3  the Texas Department of Criminal Justice and the use of certain
    1-4  forms of temporary housing by the institutional division.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 499.101(b), Government Code, is amended
    1-7  to read as follows:
    1-8        (b)  It is the intent of the legislature that as case law
    1-9  evolves and indicates that maximum capacities established under
   1-10  Subsection (a) and maximum capacities for new units may be
   1-11  increased, the staff of the institutional division shall use the
   1-12  procedures established by this subchapter to increase those
   1-13  capacities.  The attorney general shall appeal vigorously in the
   1-14  federal court system all trial court and intermediate court orders
   1-15  that limit the ability of the institutional division to increase
   1-16  system capacity to the maximum level that is constitutionally
   1-17  permissible  <There shall be no cause of action against the
   1-18  institutional division for failure to take action under this
   1-19  subsection>.
   1-20        SECTION 2.  Section 499.109, Government Code, is amended by
   1-21  adding Subsection (d) to read as follows:
   1-22        (d)  The institutional division is specifically prohibited
   1-23  from counting the number of inmates housed in temporary housing in
   1-24  determining whether the inmate population of the institutional
    2-1  division exceeds 95 percent of the combined capacities of each unit
    2-2  in the division.
    2-3        SECTION 3.  Section 501.111, Government Code, is amended to
    2-4  read as follows:
    2-5        Sec. 501.111.  Temporary Housing <PROHIBITED>.  (a)  Except
    2-6  as provided by Subsection (b), the institutional division may not
    2-7  house inmates in <tents,> cellblock runs, hallways, laundry
    2-8  distribution rooms, converted dayroom space, gymnasiums, or any
    2-9  other facilities not specifically built for housing.
   2-10        (b)  Temporary housing other than tents may be used to house
   2-11  roving inmate construction crews and inmates temporarily displaced
   2-12  only because of housing renovation, fire, natural disaster, riot or
   2-13  hostage situations, if the institutional division provides those
   2-14  inmates with reasonable sanitary hygiene facilities.
   2-15        (c)  The institutional division shall house inmates in tents
   2-16  as necessary to accept inmates sentenced to terms of confinement in
   2-17  the institutional division for whom the division does not have
   2-18  permanent housing.
   2-19        SECTION 4.  Section 499.024, Government Code, is repealed.
   2-20        SECTION 5.  The importance of this legislation and the
   2-21  crowded condition of the calendars in both houses create an
   2-22  emergency and an imperative public necessity that the
   2-23  constitutional rule requiring bills to be read on three several
   2-24  days in each house be suspended, and this rule is hereby suspended,
   2-25  and that this Act take effect and be in force from and after its
   2-26  passage, and it is so enacted.