By: Parker S.B. No. 175
73R2985 CLG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of the Commission on Jail Standards to
1-3 regulate the temporary housing of county inmates in certain
1-4 facilities to alleviate overcrowding in county jails.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter A, Chapter 351, Local Government Code,
1-7 is amended by adding Section 351.0035 to read as follows:
1-8 Sec. 351.0035. TEMPORARY HOUSING. (a) On request of the
1-9 commissioners court of a county, the Commission on Jail Standards
1-10 shall authorize a county to house a prisoner in a tent or other
1-11 facility that is not a county jail if:
1-12 (1) the county by accepting the prisoner will cause
1-13 each county jail located in the county to reach or exceed 95
1-14 percent of the county jail's capacity; and
1-15 (2) the commissioners court of the county has
1-16 authorized the construction of a new county jail, or the expansion
1-17 of an existing county jail, that complies with the jail standards
1-18 under this subchapter.
1-19 (b) The commissioners court of a county may not make a
1-20 request under Subsection (a) unless the commissioners court first
1-21 receives the written approval of the sheriff of the county. On the
1-22 request of the commissioners court, the sheriff shall approve the
1-23 submission of a request under Subsection (a) unless the sheriff
1-24 reasonably finds good cause for withholding approval.
2-1 (c) A county may not temporarily house a prisoner under this
2-2 section if:
2-3 (1) the executive director of the Commission on Jail
2-4 Standards determines that the county is not making a good faith
2-5 effort to proceed with the construction of the new or expanded
2-6 county jail;
2-7 (2) the prisoner population at a county jail in the
2-8 county is below 95 percent of the county jail's capacity at any
2-9 time before the county transfers the prisoner to the new or
2-10 expanded county jail; or
2-11 (3) the executive director of the Commission on Jail
2-12 Standards determines that the county is in violation of a rule
2-13 adopted under Subsection (d).
2-14 (d) The Commission on Jail Standards shall adopt rules that
2-15 govern the temporary housing of prisoners, including a specific
2-16 requirement for:
2-17 (1) the classification and separation of prisoners;
2-18 (2) the supervision of prisoners;
2-19 (3) safety, sanitation, and health;
2-20 (4) the structure and maintenance of the facility;
2-21 (5) the provision of bunks or sleeping areas for
2-22 prisoners or other furnishings for the facility;
2-23 (6) the space and capacity in the facility; and
2-24 (7) the enforcement of a rule the commission adopts
2-25 under this subsection.
2-26 (e) A rule adopted under Subsection (d) must be consistent
2-27 with the jail standards imposed by or adopted under other
3-1 provisions of this subchapter unless the commission determines
3-2 compliance is not practicable or reasonable.
3-3 SECTION 2. The importance of this legislation and the
3-4 crowded condition of the calendars in both houses create an
3-5 emergency and an imperative public necessity that the
3-6 constitutional rule requiring bills to be read on three several
3-7 days in each house be suspended, and this rule is hereby suspended,
3-8 and that this Act take effect and be in force from and after its
3-9 passage, and it is so enacted.