BILL ANALYSIS



H.B. 2629
By: Hightower
04-12-95
Committee Report (Amended)


BACKGROUND

In 1989, (H.B. 2335), the Legislature enacted a prison allocation
formula to stabilize and make more equitable admissions to prison
by county.  The formula provided for a number of factors to be
given weights by the Board of Criminal Justice to arrive at an
admissions percentage for each county.  The formula was
specifically intended for use during the era of the jail backlog. 
In 1991, as the backlog persisted, the legislature compromised
litigation with counties through the passage of H.B. 93, which
included a commitment that by September 1, 1995, the state would
take all paper-ready felons from county jail within 45 days of
reaching paper-ready status.

Substantial increases in prison capacity are expected to bring the
jail backlog to zero prior to the September 1 deadline.  The
Institutional Division of the Department of Criminal Justice will
be unable to achieve this goal with uniformity across all counties
unless the agency deviates substantially from the prison allocation
formula.  After September 1, 1995, the formula will be obsolete as
the 45-day system takes effect.

PURPOSE

H.B. 2629 deletes the current prison allocation formula and
replaces it with a duty on the Board of Criminal Justice to adopt
a scheduled admissions policy that will enable the Institutional
Division to meet the 45-day goal.  The bill takes immediate effect
to enable the agency to bring the backlog down to zero across the
state prior to September 1, 1995.

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.  The proposed committee
amendment gives the Texas Board of Criminal Justice rulemaking
authority in SECTION 3, Sec. 10(e), Article 42.13, Code of Criminal
Procedure.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 499.071, Government Code, SCHEDULED
ADMISSIONS POLICY, to delete language relating to a prison
allocation formula and replace with language to require the board
to adopt and enforce a scheduled admissions policy that permits the
institutional division to accept inmates within 45 days of
processing as required by Section 499.121(c).

SECTION 2.  Amends the heading of Subchapter D, Chapter 499,
Government Code, to read as follows:
     SUBCHAPTER D.  ADMISSIONS POLICY

SECTION 3.  Repeals Section 499.072, Government Code.

SECTION 4. Emergency clause.
           Effective date:  upon passage.

EXPLANATION OF AMENDMENT

The amendment adds a new SECTION 3, to amend Article 42.13,
Sections 10(a) and (e), Code of Criminal Procedure, to provide for
a funding formula based on equal weighting of the locality's
percentage of state population and of felons under direct
supervision to replace the prison allocation formula as a method of
providing community corrections program funding.  Allows the board,
by rule, to adopt a policy limiting for all departments the
percentage of benefit or loss that may be realized as a result of
the operation of the formula.

SUMMARY OF COMMITTEE ACTION

H.B. 2629 was considered by the Committee on Corrections in a
public hearing on April 11, 1995.  The bill was left pending.

H.B. 2629 was considered by the committee in a formal meeting on
April 12, 1995.  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 9 ayes, 0 nays, 0 pnv, and 0 absent.