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.