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.