BILL ANALYSIS



C.S.H.B. 2679
By: T. Hunter
May 11, 1995
Committee Report (Substituted)


BACKGROUND

Article 42.034, Code of Criminal Procedure, provides authorization
for a county work release program for jail inmates. Such programs
have been used to reduce jail overcrowding while continuing some
type of punishment for certain offenses. Another purpose served by
the programs has been saving tax dollars both in reduction of jail
costs and in maintenance costs for county property. The use of such
programs are discouraged because of the fear of two possibilities:
(1) that inmates in such a program might be deemed to be
representatives of the county in the event of some accident,
thereby imposing exposure to third party liability on the county,
even in the absence of any tortious conduct by county officials or
employees in the administration of the program; and (2) that such
inmates in the program might contend that they are employees for
the purpose of obtaining workers compensation coverage of the
county.

PURPOSE

This bill would provide that county jail inmates participating in
a county work release program are not county employees and,
therefore, do not fall within the county's workers compensation
program. It is further provided that the county, its officers,
employees or agents incur no liability for acts or omissions in
connection with the program unless such acts or omissions are
intentional or willful. The new provisions may not be interpreted
to constitute a waiver of sovereign immunity or any other defenses
to counties, their officers, employees or agents.

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

     SECTION 1. Amends Article 42.034, Code of Criminal Procedure,
as follows.

     (a) Provides that an inmate who participates in a county jail
work release program can not be considered a county employee.

     SECTION 2. Effective Date - September 1, 1995

     SECTION 3. Emergency Clause.


COMPARISON OF ORIGINAL TO SUBSTITUTE

The original contained subsections (b) and (c). The substitutes
deletes these two sections because they are stated in the Texas
Code of Criminal Procedure.

SUMMARY OF COMMITTEE ACTION

Hose Bill 2679 was considered by the Committee on Civil Practices
in a public hearing on March 29, 1995. The following individual
testified in support of the bill: Stan Reid, representing the Texas
Association of Counties. No one testified in opposition to or
neutrally on the bill. The chair left the bill pending. H.B. 2679
was considered by the committee in a formal meeting on May 9, 1995.
The committee considered a complete committee substitute for the
bill. The substitute was adopted without objection. The bill was
reported favorably, as substituted, with the recommendation that it
do pass, be printed and be sent to the Committee on Local and
Consent Calendars, by a record vote of five ayes, zero nays, zero
pnv and four absent.