BILL ANALYSIS H.B. 2278 By: Hightower 03-28-95 Committee Report (Amended) BACKGROUND At the request of the Governor and concerned legislators, the Texas Department of Criminal Justice is looking at the feasibility of transferring a prison unit from TDCJ to another state agency. Although no formal decisions have been announced, one or more additional TDCJ facilities may also be transferred to the same agency. By transferring a facility, extended construction time could be shortened, costs savings to the state would be gained, and juveniles that are engaging in criminal activity would be taken off our streets. PURPOSE Allowing the transfer of facilities between these agencies would give the Texas Department of Criminal Justice clear legal authority to transfer a correctional facility to another state agency and permit the facility to be transferred back to TDCJ should future needs arise. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter A, Chapter 496, Government Code by adding Section 496.0031 as follows: Sec. 496.0031. TRANSFER OF FACILITIES. (a) Allows the Texas Department of Criminal Justice to transfer a correctional facility to another state agency and permit the facility to be transferred back to TDCJ. (b) Requires that any transfer would require approval by the Board of Criminal Justice and the governing body of the agency receiving the facility. (c) Provides that TDCJ employees working at a facility transferred to another state agency are entitled to priority for employment at the agency receiving the facility and also allows those same employees to retain their current salary and benefits. (d) Defines "transfer" to mean to convey title, lease or otherwise convey the beneficial use of the facility. SECTION 2. Effective date: September 1, 1995. SECTION 3. Emergency clause. EXPLANATION OF AMENDMENTS Committee amendment number one deletes subsection (c) relating to giving priority for employment to TDCJ employees currently working at the facility and allowing these employees to retain their current salary and benefits. SUMMARY OF COMMITTEE ACTION H.B. 2278 was considered by the Corrections Committee in a public hearing on March 28, 1995. The following persons testified neutrally on the bill: Steve Robinson, representing the Texas Youth Commission; and Wayne Scott, representing the Texas Department of Criminal Justice. The committee considered one amendment to the bill which was adopted without objection. The bill was reported favorably as amended with the recommendation that it do pass and be printed, by a record vote of 6 ayes, 0 nays, 0 pnv, and 3 absent.