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.