By: Whitmire, Lucio S.B. No. 532
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the creation of the state jail division of the Texas
1-2 Department of Criminal Justice, to the certification of certain
1-3 offenders, and to the confinement of certain felons convicted of
1-4 state jail felonies or awaiting transfer from county jails to the
1-5 institutional division of the Texas Department of Criminal Justice;
1-6 making an appropriation.
1-7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-8 ARTICLE 1
1-9 SECTION 1.01. Subsection (a), Section 491.001, Government
1-10 Code, is amended by adding Subdivision (7) to read as follows:
1-11 (7) "State jail division" means the state jail
1-12 division of the department.
1-13 SECTION 1.02. Subsection (a), Section 493.002, Government
1-14 Code, is amended to read as follows:
1-15 (a) The following divisions are within the department:
1-16 (1) the community justice assistance division;
1-17 (2) the institutional division; <and>
1-18 (3) the pardons and paroles division; and
1-19 (4) the state jail division.
1-20 SECTION 1.03. Chapter 493, Government Code, is amended by
1-21 adding Section 493.0051 to read as follows:
1-22 Sec. 493.0051. STATE JAIL DIVISION. The state jail division
1-23 shall operate and manage state jails to confine defendants
1-24 described by Section 507.002.
2-1 SECTION 1.04. Section 493.012, Government Code, is amended
2-2 to read as follows:
2-3 Sec. 493.012. HISTORICALLY UNDERUTILIZED <DISADVANTAGED>
2-4 BUSINESSES. (a) The board and the department each shall make a
2-5 good faith effort to assist historically underutilized
2-6 <disadvantaged> businesses to receive at least 30 <20> percent of
2-7 the total value of:
2-8 (1) each construction contract awarded for
2-9 construction, purchase of supplies, materials, services, and
2-10 equipment that the board and the department expect to make; and
2-11 (2) contracts awarded for operation, maintenance, or
2-12 management <in connection with construction funded by the issuance
2-13 of bonds>.
2-14 (b) The board and the department each shall annually report
2-15 to the legislature and the governor on the level of historically
2-16 underutilized <disadvantaged> business participation in board and
2-17 department contracts. The report shall include:
2-18 (1) names and locations of the historically
2-19 underutilized businesses participating in contracts;
2-20 (2) types of services conducted by the historically
2-21 underutilized businesses participating in contracts;
2-22 (3) a description of the type of recruitment strategy
2-23 used to attract historically underutilized businesses; and
2-24 (4) recommendations for the improvement of
2-25 historically underutilized <disadvantaged> business opportunities
2-26 with the board and the department.
2-27 (c) In this section, "historically underutilized business"
3-1 means:
3-2 (1) a business entity formed for the purpose of making
3-3 a profit of which at least 51 percent is owned by one or more
3-4 persons who are socially disadvantaged because of their
3-5 identification as members of certain groups, including women,
3-6 African Americans, Hispanic Americans, Native Americans, and Asian
3-7 Americans, who have suffered the effects of discriminatory
3-8 practices or similar insidious circumstances over which they have
3-9 no control; or
3-10 (2) a corporation formed for the purpose of making a
3-11 profit in which at least 51 percent of all classes of the shares of
3-12 stock or other equitable securities is owned by one or more persons
3-13 described by Subdivision (1). Those persons must have
3-14 proportionate interest in the control, operation, and management of
3-15 the corporation's affairs. <"disadvantaged business" has the
3-16 meaning assigned by Section 1.02, State Purchasing and General
3-17 Services Act (Article 601b, Vernon's Texas Civil Statutes).>
3-18 SECTION 1.05. Subsection (a), Section 494.008, Government
3-19 Code, is amended to read as follows:
3-20 (a) The director of the institutional division or the
3-21 director's designee may authorize employees of the institutional
3-22 division to transport inmates and to apprehend escapees from any
3-23 <the> division of the department. An employee acting under
3-24 authority granted by the director has the same powers and duties as
3-25 a peace officer under the laws of this state, except that the
3-26 employee may not act without receiving express orders from the
3-27 director or the director's designee, and may exercise those powers
4-1 and perform those duties throughout the state but only during duty
4-2 hours.
4-3 SECTION 1.06. Chapter 494, Government Code, is amended by
4-4 adding Section 494.011 to read as follows:
4-5 Sec. 494.011. SEAL OF INSTITUTIONAL DIVISION. (a) The
4-6 institutional division shall use an official seal to certify
4-7 documents received by the director under Sections 8(a) and (c),
4-8 Article 42.09, Code of Criminal Procedure.
4-9 (b) The official seal must contain an engraved, five-pointed
4-10 star in the center with the words "Texas Department of Criminal
4-11 Justice - Institutional Division" around the margin.
4-12 SECTION 1.07. Subsection (e), Section 498.003, Government
4-13 Code, is amended to read as follows:
4-14 (e) If a person confined in a county jail or a transfer
4-15 facility operated by the institutional division is transferred to
4-16 any other facility of the institutional division for confinement
4-17 purposes, the director of the institutional division shall award
4-18 good conduct time to the person up to an amount equal to that which
4-19 the person could have accrued during the period of confinement
4-20 <imprisonment> in the county jail or transfer facility if instead
4-21 the person had been imprisoned <incarcerated> in the division
4-22 during that period.
4-23 SECTION 1.08. Chapter 499, Government Code, is amended by
4-24 adding Subchapter G to read as follows:
4-25 SUBCHAPTER G. TRANSFER FACILITIES
4-26 Sec. 499.151. AUTHORITY TO OPERATE OR CONTRACT FOR TRANSFER
4-27 FACILITIES. (a) The institutional division may operate, maintain,
5-1 and manage transfer facilities to confine inmates described by
5-2 Section 499.152, and the board may finance and construct those
5-3 facilities. The institutional division, with the approval of the
5-4 board, may contract with a private vendor or the commissioners
5-5 court of a county for the financing, construction, operation,
5-6 maintenance, or management of a transfer facility.
5-7 (b) The board and the institutional division shall ensure
5-8 that a service described by Subsection (a) is provided in
5-9 compliance with standards established under Section 511.017,
5-10 whether the board or the institutional division provides the
5-11 service or contracts with an entity listed by Subsection (a) for
5-12 the provision of the service.
5-13 (c) A transfer facility authorized by this subchapter may be
5-14 located on private land or on land owned by the federal government,
5-15 the state, or a political subdivision of the state. The board may
5-16 accept land donated for that purpose.
5-17 (d) A commissioners court of a county may not enter into a
5-18 contract under this section unless the community justice council
5-19 serving the county, by a majority vote of its members, approves the
5-20 contract.
5-21 Sec. 499.152. ELIGIBLE INMATES. The institutional division
5-22 may confine an inmate in a transfer facility authorized by this
5-23 subchapter:
5-24 (1) only if paperwork and processing required under
5-25 Section 8(a), Article 42.09, Code of Criminal Procedure, for
5-26 transfer of the inmate to the division has been completed; and
5-27 (2) only during a period in which the inmate would
6-1 otherwise be confined in a county jail awaiting transfer to the
6-2 division following conviction of a felony or revocation of
6-3 probation, parole, or release on mandatory supervision.
6-4 Sec. 499.153. ADMISSIONS POLICY. The board shall develop,
6-5 adopt, and enforce:
6-6 (1) an admissions policy to accept from county jails
6-7 eligible inmates described by Section 499.152 for confinement in
6-8 transfer facilities authorized by this subchapter; and
6-9 (2) a transfer policy to transfer eligible inmates
6-10 described by Section 499.152 from transfer facilities authorized by
6-11 this subchapter to other facilities of the institutional division.
6-12 Sec. 499.154. CUSTODY STATUS; GOOD CONDUCT TIME. An inmate
6-13 described by Section 499.152 confined in a transfer facility
6-14 authorized by this subchapter earns good conduct time in the same
6-15 manner and subject to the same rules as if the inmate were confined
6-16 in a county jail awaiting transfer to the institutional division.
6-17 Sec. 499.155. DURATION OF CONFINEMENT. (a) Except as
6-18 provided by Subsection (b), the institutional division may not
6-19 confine an inmate described by Section 499.152 in a transfer
6-20 facility authorized by this subchapter for a period that exceeds 18
6-21 months.
6-22 (b) If an inmate described by Section 499.152 is confined
6-23 in a transfer facility, is released from or transferred from the
6-24 transfer facility or returned to the convicting county under court
6-25 order, and is convicted of a subsequent offense, is returned from
6-26 the convicting county, or is the subject of a revocation of parole
6-27 or mandatory supervision, the institutional division shall not
7-1 calculate the previous period of confinement in determining the
7-2 maximum period the defendant may be confined in a transfer facility
7-3 following conviction of the subsequent offense, return from the
7-4 convicting county, or revocation.
7-5 (c) If an inmate is discharged or released on parole or
7-6 mandatory supervision from a transfer facility, the inmate is
7-7 entitled to receive release or discharge money from the
7-8 institutional division in the same amount as an inmate is entitled
7-9 to receive on release or discharge from any other facility of the
7-10 institutional division under Section 501.015.
7-11 SECTION 1.09. Subtitle G, Title 4, Government Code, is
7-12 amended by adding Chapter 507 to read as follows:
7-13 CHAPTER 507. JAIL DIVISION
7-14 SUBCHAPTER A. STATE JAIL FELONY FACILITIES
7-15 Sec. 507.001. AUTHORITY TO OPERATE OR CONTRACT FOR STATE
7-16 JAIL FELONY FACILITIES. (a) The state jail division may operate,
7-17 maintain, and manage state jail felony facilities to confine
7-18 inmates described by Section 507.002, and the board may finance and
7-19 construct those facilities. The state jail division, with the
7-20 approval of the board, may contract with the institutional
7-21 division, a private vendor, a community supervision and corrections
7-22 department, or the commissioners court of a county for the
7-23 operation, maintenance, or management of a state jail felony
7-24 facility. A community supervision and corrections department or
7-25 the commissioners court of a county that contracts with the state
7-26 jail division under this section may subcontract with a private
7-27 vendor for the provision of any or all services described by this
8-1 subsection. The state jail division, with the approval of the
8-2 board, may make a grant to a community supervision and corrections
8-3 department or a county for the operation, maintenance, or
8-4 management of a state jail felony facility. The board may contract
8-5 with a private vendor or the commissioners court of a county for
8-6 the financing or construction of a state jail felony facility.
8-7 (b) The state jail division, after consultation with
8-8 community supervision and corrections departments, shall propose
8-9 and the board shall adopt reasonable rules and procedures
8-10 establishing minimum requirements for programs of rehabilitation,
8-11 education, and recreation in state jail felony facilities. For
8-12 each state jail felony facility, the state jail division shall
8-13 request the assistance of the community supervision and corrections
8-14 departments and the community justice councils served by the
8-15 facility in developing programs for defendants confined in the
8-16 facility. In developing the programs, the state jail division
8-17 shall attempt to structure programs so that they are operated on a
8-18 90-day cycle.
8-19 (c) The board and the state jail division shall ensure that
8-20 a service described by Subsection (a) is provided in compliance
8-21 with standards established under Section 511.017, whether the board
8-22 or the state jail division provides the service or contracts with
8-23 an entity listed in Subsection (a) for the provision of the
8-24 service. The board and the state jail division shall ensure that a
8-25 program described by Subsection (b) is provided in compliance with
8-26 minimum requirements established under Subsection (b), whether the
8-27 state jail division provides the service or contracts with an
9-1 entity listed in Subsection (a) for the provision of the service.
9-2 (d) A state jail felony facility authorized by this
9-3 subchapter may be located on private land or on land owned by the
9-4 federal government, the state, a judicial district, or a political
9-5 subdivision of the state. The board may accept land donated for
9-6 that purpose.
9-7 (e) A commissioners court of a county or a community
9-8 supervision and corrections department may not enter into a
9-9 contract under this section unless the community justice council
9-10 serving the county or serving the department, by a majority vote of
9-11 its members, approves the contract.
9-12 Sec. 507.002. ELIGIBLE DEFENDANTS. The state jail division
9-13 may confine in a state jail felony facility authorized by this
9-14 subchapter defendants required by a judge to serve a term of
9-15 confinement in a state jail felony facility following conviction of
9-16 an offense punishable as a state jail felony.
9-17 Sec. 507.003. REGIONS. The state jail division shall
9-18 propose and the board shall designate not fewer than eight regions
9-19 in the state for the purpose of providing regional state jail
9-20 felony facilities. In proposing regions, the division shall ensure
9-21 that regions are designed to efficiently serve community
9-22 supervision and corrections departments. The division may not
9-23 propose a region that contains a part of an area served by a
9-24 community supervision and corrections department. The division may
9-25 propose a region that contains only one judicial district, but only
9-26 if the judicial district serves a municipality with a population of
9-27 400,000 or more.
10-1 Sec. 507.004. ALLOCATION POLICIES. The state jail division
10-2 shall propose and the board shall develop, adopt, and enforce:
10-3 (1) a regional allocation policy to allocate the
10-4 number of facilities and beds to each region established under
10-5 Section 507.003; and
10-6 (2) an intraregional allocation policy for each
10-7 region, to allocate the number of facilities and beds within a
10-8 region to the community supervision and corrections departments in
10-9 that region, unless those departments by their own agreement
10-10 establish the allocation of beds in the region.
10-11 Sec. 507.005. IMPLEMENTATION. (a) The board and the state
10-12 jail division shall provide for the financing, construction,
10-13 operation, maintenance, and management of the state jail felony
10-14 facilities for which funds are appropriated under the General
10-15 Appropriations Act or any other Act of the 73rd Legislature,
10-16 Regular Session, 1993, in two phases.
10-17 (b) In phase one, the board and the state jail division
10-18 shall provide for state jail felony facilities that contain not
10-19 less than 70 percent of the beds for which funds are appropriated
10-20 as described by Subsection (a). The board shall consider the
10-21 regions established under Section 507.003 and attempt to place
10-22 state jail felony facilities at locations that are sufficiently
10-23 geographically diverse to serve the needs of each of those regions.
10-24 The state jail division, with the approval of the board, shall
10-25 contract with the institutional division for the construction,
10-26 operation, maintenance, and management of facilities included in
10-27 phase one.
11-1 (c) In phase two, the board and the state jail division
11-2 shall provide for state jail felony facilities that contain the
11-3 percentage of beds for which funds are appropriated as described by
11-4 Subsection (a) but that are not included in phase one. The state
11-5 jail division, with the approval of the board, shall attempt to
11-6 contract with private vendors or commissioners courts of counties
11-7 for the financing or construction of state jail felony facilities
11-8 included in phase two and shall attempt to contract with private
11-9 vendors, commissioners courts of counties, or community supervision
11-10 and corrections departments for the operation, maintenance, or
11-11 management of state jail felony facilities included in phase two.
11-12 The state jail division, with the approval of the board, may
11-13 establish pilot programs with counties or community supervision and
11-14 corrections departments in which the counties and departments agree
11-15 to operate state jail felony facilities included in phase two under
11-16 a formula of mutual accountability for sentencing practices and the
11-17 funding of criminal justice programs. A commissioners court of a
11-18 county or a community supervision and corrections department may
11-19 not enter into a contract under this subsection unless the
11-20 community justice council serving the county or serving the
11-21 department, by a majority vote of its members, approves the
11-22 contract.
11-23 (d) The board, not later than October 1, 1993, shall adopt a
11-24 timetable for the implementation of phase one and phase two. The
11-25 board shall design the timetable in a manner that permits the
11-26 institutional division to meet the obligations imposed on the
11-27 division by Section 499.121(c).
12-1 (e) This section expires September 1, 1995.
12-2 Sec. 507.006. USE OF FACILITY FOR TRANSFER INMATES.
12-3 (a) Notwithstanding any other provision of this subchapter, the
12-4 state jail division, with the approval of the board, may use a
12-5 state jail felony facility to house inmates who are eligible for
12-6 confinement in a transfer facility under Section 499.152, but only
12-7 if the placement of inmates in the facility does not deny placement
12-8 in the facility of defendants required to serve terms of
12-9 confinement in the facility on conviction of state jail felonies.
12-10 (b) Sections 499.154 and 499.155 apply to an inmate eligible
12-11 for confinement in a transfer facility under Section 499.152 who is
12-12 nonetheless confined in a state jail felony facility in the same
12-13 manner as if the inmate were confined in a transfer facility.
12-14 (c) This section expires September 1, 1997.
12-15 SUBCHAPTER B. MISCELLANEOUS PROVISIONS
12-16 Sec. 507.021. EMPLOYEES: LIMITED LAW ENFORCEMENT POWERS.
12-17 (a) The director of the state jail division or the director's
12-18 designee may authorize employees of the division to transport
12-19 defendants and to apprehend escapees from any division of the
12-20 department. An employee acting under authority granted by the
12-21 director has the same powers and duties as a peace officer under
12-22 the laws of this state, except that the employee may not act
12-23 without receiving express orders from the director or the
12-24 director's designee, and may exercise those powers and perform
12-25 those duties throughout the state, but only during duty hours.
12-26 (b) The state jail division may allow employees who are
12-27 granted law enforcement authority under this section to assist
13-1 peace officers in any county of the state if the assistance is
13-2 requested for the purpose of apprehending an escapee of a municipal
13-3 or county jail and if the division determines that the assistance
13-4 will not jeopardize the safety and security of the division and its
13-5 personnel. An employee who assists a peace officer in the
13-6 performance of the officer's duties has the same powers and duties
13-7 as the officer requesting assistance.
13-8 (c) An employee of the state jail division may not enforce
13-9 the laws of this state relating to the prevention of misdemeanors
13-10 and the detention of persons who commit misdemeanors, including
13-11 laws regulating traffic and the use of state highways.
13-12 (d) An employee described by Subsection (a) may not be
13-13 considered a peace officer for any purposes other than those
13-14 specified under this section and is not required to be certified by
13-15 the Commission on Law Enforcement Officer Standards and Education.
13-16 Sec. 507.022. EMPLOYEES' SALARIES, ROOM AND BOARD, AND
13-17 MEDICAL CARE. (a) Salaries of employees of the state jail
13-18 division and the provision of board, lodging, uniforms, and other
13-19 provisions to employees are as provided by the General
13-20 Appropriations Act.
13-21 (b) Employees of the state jail division who are injured in
13-22 the line of duty are entitled to receive free medical care and
13-23 hospitalization from institutional division doctors and the
13-24 institutional division hospital.
13-25 Sec. 507.023. AIDS AND HIV EDUCATION; TESTING. (a) The
13-26 state jail division shall establish and provide education programs
13-27 to educate state jail division employees and defendants in state
14-1 jail felony facilities about AIDS and HIV in the same manner as the
14-2 institutional division establishes and provides programs for
14-3 employees and inmates under Section 501.054.
14-4 (b) The state jail division shall adopt a policy for
14-5 handling a defendant with AIDS or HIV and may test a defendant for
14-6 AIDS or HIV in the same manner and subject to the same conditions
14-7 as apply to the institutional division under Section 501.054.
14-8 (c) In this section, "AIDS" and "HIV" have the meanings
14-9 assigned by Section 81.101, Health and Safety Code.
14-10 Sec. 507.024. TRANSPORTATION OF DEFENDANTS. The board shall
14-11 adopt rules to provide for the safe transfer of defendants from
14-12 counties to state jail felony facilities. A sheriff may transport
14-13 defendants to a state jail felony facility if the sheriff is able
14-14 to perform the service as economically as if the service were
14-15 performed by the division. The state jail division is responsible
14-16 for the cost of transportation of defendants to the division.
14-17 Sec. 507.025. MEDICAL CARE. The state jail division, with
14-18 the approval of the board, may contract with the institutional
14-19 division, a private vendor, or any public health care provider for
14-20 the provision of medical services to defendants in state jail
14-21 felony facilities.
14-22 Sec. 507.026. CHANGE IN DESIGNATION OF FACILITY. The board
14-23 may designate any facility under its control as a state jail felony
14-24 facility and confine state jail felons in that facility.
14-25 SECTION 1.10. Chapter 511, Government Code, is amended by
14-26 adding Section 511.017 to read as follows:
14-27 Sec. 511.017. DUTIES RELATED TO STATE JAIL FELONY FACILITIES
15-1 AND INSTITUTIONAL DIVISION TRANSFER FACILITIES. (a) In this
15-2 section:
15-3 (1) "State jail division" means the state jail
15-4 division of the Texas Department of Criminal Justice.
15-5 (2) "State jail felony facility" means a state jail
15-6 felony facility authorized by Subchapter A, Chapter 507.
15-7 (3) "Transfer facility" means a transfer facility
15-8 operated by the institutional division of the Texas Department of
15-9 Criminal Justice under Subchapter G, Chapter 499.
15-10 (b) The commission shall:
15-11 (1) adopt reasonable rules and procedures establishing
15-12 minimum standards for the construction, equipment, maintenance, and
15-13 operation of state jail felony facilities and transfer facilities;
15-14 (2) adopt reasonable rules and procedures establishing
15-15 minimum standards for the custody, care, and treatment of
15-16 defendants in state jail felony facilities and inmates of transfer
15-17 facilities;
15-18 (3) adopt reasonable rules establishing minimum
15-19 standards for the number of supervisory personnel and for programs
15-20 and services to meet the needs of defendants in state jail felony
15-21 facilities and inmates of transfer facilities;
15-22 (4) adopt reasonable rules and procedures establishing
15-23 minimum requirements for programs of rehabilitation, education, and
15-24 recreation in transfer facilities;
15-25 (5) revise, amend, or change rules and procedures if
15-26 necessary;
15-27 (6) provide the institutional division and the state
16-1 jail division consultation on and technical assistance for state
16-2 jail felony facilities and transfer facilities;
16-3 (7) review and comment on plans for the construction
16-4 and major modification or renovation of state jail felony
16-5 facilities and transfer facilities;
16-6 (8) require that the institutional division and the
16-7 state jail division submit to the commission, on forms prescribed
16-8 by the commission, annual reports on the conditions in each state
16-9 jail felony facility and transfer facility, including all
16-10 information necessary to determine compliance with state law,
16-11 commission orders, and the rules and procedures adopted under this
16-12 chapter;
16-13 (9) review the reports submitted under Subdivision (8)
16-14 and require commission employees to inspect state jail felony
16-15 facilities and transfer facilities regularly to ensure compliance
16-16 with state law, commission orders, and rules and procedures adopted
16-17 under this chapter; and
16-18 (10) at least annually determine whether each state
16-19 jail felony facility and transfer facility is in compliance with
16-20 the rules and procedures adopted under this section.
16-21 SECTION 1.11. The state jail division of the Texas
16-22 Department of Criminal Justice shall propose and the Texas Board of
16-23 Criminal Justice shall adopt the allocation policies described by
16-24 Section 507.004, Government Code, as added by this article, not
16-25 later than October 1, 1993.
16-26 ARTICLE 2
16-27 SECTION 2.01. Subsection (b), Section 8, Article 42.09, Code
17-1 of Criminal Procedure, is amended to read as follows:
17-2 (b) The institutional division of the Texas Department of
17-3 Criminal Justice <Corrections> shall not take a defendant into
17-4 custody under this Article until the director receives the
17-5 documents required by Subsections (a) and (c) of this section. The
17-6 director shall certify under the seal of the institutional division
17-7 the documents received under Subsections (a) and (c) of this
17-8 section. A document certified under this subsection is
17-9 self-authenticated for the purposes of Rules 901 and 902, Texas
17-10 Rules of Criminal Evidence.
17-11 SECTION 2.02. Section 8, Article 42.09, Code of Criminal
17-12 Procedure, is amended by adding Subsection (i) to read as follows:
17-13 (i) A county that transfers an inmate described by Section
17-14 499.152, Government Code, to a transfer facility operated by the
17-15 institutional division of the Texas Department of Criminal Justice
17-16 shall deliver to the director of the division the same items
17-17 relating to the defendant that the county would otherwise deliver
17-18 to the director on transfer of the defendant to a facility of the
17-19 division other than a transfer facility.
17-20 SECTION 2.03. Article 42.131, Code of Criminal Procedure, is
17-21 amended by adding Section 10A to read as follows:
17-22 Sec. 10A. JUDICIAL DISTRICT PROPERTY. A judicial district
17-23 may acquire, hold title to, and own real property for the purpose
17-24 of establishing a state jail felony facility.
17-25 SECTION 2.04. Section 17, Article 42.18, Code of Criminal
17-26 Procedure, is amended by adding Subsection (c) to read as follows:
17-27 (c) The Texas Board of Criminal Justice may contract with
18-1 the commissioners court of a county or a community supervision and
18-2 corrections department for the supervision of inmates released on
18-3 parole or mandatory supervision. A commissioners court or a
18-4 department may not enter into a contract under this subsection
18-5 unless the community justice council serving the county or serving
18-6 the department, by a majority vote of its members, approves the
18-7 contract.
18-8 SECTION 2.05. Article 42.12, Code of Criminal Procedure, is
18-9 amended by adding Section 29 to read as follows:
18-10 Sec. 29. SUPERVISION CONTRACTS. The Texas Board of Criminal
18-11 Justice may contract with the commissioners court of a county or a
18-12 community supervision and corrections department for the
18-13 confinement of felony probationers. A commissioners court or a
18-14 department may not enter into a contract under this section unless
18-15 the community justice council serving the county or serving the
18-16 department, by a majority vote of its members, approves the
18-17 contract.
18-18 ARTICLE 3
18-19 SECTION 3.01. Subdivision (8), Section 811.001, Government
18-20 Code, is amended to read as follows:
18-21 (8) "Custodial officer" means a member of the
18-22 retirement system who is employed by the institutional division or
18-23 the state jail division of the Texas Department of Criminal Justice
18-24 <Corrections> and certified by the <that> department as having a
18-25 normal job assignment that requires frequent or infrequent
18-26 regularly planned contact with, and in close proximity to, inmates
18-27 of the institutional division or inmates or defendants confined in
19-1 the state jail division <that institution> without the protection
19-2 of bars, doors, security screens, or similar devices and includes
19-3 assignments normally involving supervision or the potential for
19-4 supervision of inmates in inmate housing areas, educational or
19-5 recreational facilities, industrial shops, kitchens, laundries,
19-6 medical areas, agricultural shops or fields, or in other areas on
19-7 or away from property of the institutional division or the state
19-8 jail division <institution>.
19-9 SECTION 3.02. Subdivision (4), Subsection (a), Section 2,
19-10 Chapter 86, Acts of the 60th Legislature, Regular Session, 1967
19-11 (Article 6228f, Vernon's Texas Civil Statutes), is amended to read
19-12 as follows:
19-13 (4) "Custodial personnel of the Texas Department of
19-14 Corrections" means a member of the class of employees of the
19-15 institutional division or the state jail division of the Texas
19-16 Department of Criminal Justice formally designated as custodial
19-17 personnel by the Texas Board of Criminal Justice or its predecessor
19-18 in function <the class of employees of the Department of
19-19 Corrections designated as custodial personnel by a resolution
19-20 adopted by the Texas Board of Corrections>.
19-21 SECTION 3.03. Section 9, Chapter 86, Acts of the 60th
19-22 Legislature, Regular Session, 1967 (Article 6228f, Vernon's Texas
19-23 Civil Statutes), is amended to read as follows:
19-24 Sec. 9. DUTY OF THE TEXAS BOARD OF CRIMINAL JUSTICE
19-25 <CORRECTIONS>. The Texas Board of Criminal Justice shall adopt and
19-26 include in its minutes a formal designation identifying the classes
19-27 of persons who are custodial personnel of the institutional
20-1 division or the state jail division of the Texas Department of
20-2 Criminal Justice so that there is no uncertainty about which
20-3 persons are custodial personnel <It shall be the duty of the Texas
20-4 Board of Corrections to adopt a formal designation spread on its
20-5 minutes identifying the classes of persons who are custodial
20-6 personnel of the Texas Department of Corrections. It is the intent
20-7 of the Legislature in enacting this provision that the
20-8 constitutional provisions of Section 51-d, Article III, of the
20-9 Texas Constitution, be observed in order that there be no
20-10 uncertainty about which persons are custodial personnel and which
20-11 are not>.
20-12 ARTICLE 4
20-13 SECTION 4.01. In addition to other amounts appropriated for
20-14 the fiscal biennium ending August 31, 1995, the sum of $72,000,000
20-15 is appropriated from the economic stabilization fund to the Texas
20-16 Department of Criminal Justice for:
20-17 (1) the operation of additional capacity; and
20-18 (2) increased supervision for probation.
20-19 ARTICLE 5
20-20 SECTION 5.01. Subchapter B, Chapter 13, Education Code, is
20-21 amended by adding Section 13.0323 to read as follows:
20-22 Sec. 13.0323. RESTRICTED CERTIFICATION OF INDIVIDUAL
20-23 CONVICTED OF A CRIMINAL OFFENSE. (a) The State Board of Education
20-24 by rule shall provide for restricted certification as a teacher of
20-25 an individual convicted of a criminal offense who would be eligible
20-26 for certification to teach in a public school in this state if the
20-27 individual had not been convicted of the offense.
21-1 (b) An individual certified under this section may serve as
21-2 a teacher only in a correctional facility operated by an agency of
21-3 the state or a political subdivision of the state.
21-4 ARTICLE 6
21-5 SECTION 6.01. This Act takes effect September 1, 1993.
21-6 SECTION 6.02. The importance of this legislation and the
21-7 crowded condition of the calendars in both houses create an
21-8 emergency and an imperative public necessity that the
21-9 constitutional rule requiring bills to be read on three several
21-10 days in each house be suspended, and this rule is hereby suspended.