BILL ANALYSIS H.B. 2173 By: R. Lewis March 28, 1995 Committee Report (Unamended) BACKGROUND The language in current law regarding the separation of inmates is based on a set of definitive criteria. This language has proven to be too stringent in the attempt to implement the law pragmatically. The Commission on Jail Standards needs to be granted statutorily a greater degree of leverage in the manner that it separates individuals and classes of inmates. PURPOSE The purpose of this bill is to grant the Commission on Jail Standards more leeway in establishing the standards for separation of inmates. It will provide the Commission with a more objective set of criteria for accomplishing this task. RULEMAKING AUTHORITY The Commission on Jail Standards currently only has the authority to enforce the classification criteria found in Section 351.005, Local Government Code. Section 1 of HB 2173 strikes the classification criteria in Section 351.005, Local Government Code, and grants the Commission on Jail Standards the authority to create classification rules regarding the separation of county jail inmates. SECTION BY SECTION ANALYSIS Section 1. Amends Section 351.005 of the Local Government Code by changing the title of the Section to Separation Requirements and deleting the language which delineates the criteria for separating inmates. New language is added which requires that county jails must be designed to separate inmates in the manner dictated by the Commission on Jail Standards. Section 2. Effective date is September 1, 1995. Section 3. Emergency clause. SUMMARY OF COMMITTEE ACTION HB 2173 was considered by the County Affairs Committee in a public hearing on 3/22/95. Representative R. Lewis opened. The following people testified neutrally on HB 2173: Jack Crump, representing himself as the Executive Director of the Texas Commission on Jail Standards; and Robert Dearing, representing himself as the Deputy Director of the Texas Commission on Jail Standards. Representative R. Lewis closed. HB 2173 was reported favorably without amendment, with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars, by a record vote of 7 ayes, 0 nays, 0 pnv, 2 absent.