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.