BILL ANALYSIS



H.B. 2897
By: Longoria
04-18-95
Committee Report (Unamended)


BACKGROUND

Article 351, Local Government Code prescribes minimum standards for
county jails.  These standards are enforced by the Texas Commission
on Jail Standards.  The purpose of Chapter 351 is to provide a
state regulatory body that follows minimum Federal Constitutional
requirements so as to prevent civil rights litigation against
counties.

The Commission adopts extensive rules governing all aspects of the
design, construction, maintenance, and operation of a county jail. 
Sections 351.005 and 351.006, Local Government Code, provide in
statute certain segregation and capacity requirements.  These
sections act to limit the flexibility of the Texas Commission on
Jail Standards when adopting rules on segregation and capacity
requirements for county jails.

Recently, Federal court decisions as well as congressional action
are changing constitutional standards for incarceration.  Further,
the state has acted to create new classes of inmates that are held
in county jails such as Substance Abuse Felony Treatment inmates,
State Jail inmates, and others.  These new categories have
complicated segregation requirements in jails.

PURPOSE

This bill would remove detailed segregation requirements and
capacity requirements for county jails from the Local Government
Code, providing the Texas Commission on Jail Standards greater
flexibility when adopting rules for segregation and capacity that
more closely track Federal requirements.

RULEMAKING AUTHORITY

HB 2897, in Section 2, expressly grants the Commission on Jail
Standards the authority to adopt rules relating to requirements for
the segregation of classes of inmates and to capacities for county
jails.

SECTION BY SECTION ANALYSIS

SECTION 1:  Amends Section 511.009(a), Government Code by adding
subsection (11) authorizing the Texas Jail Standards Commission to
adopt rules relating to requirements for segregation of classes of
inmates and to capacities for county jails. 

SECTION 2:  Repeals Sections 351.005 and 351.006, Local Government
Code.

SECTION 3:  The Commission on Jail Standards shall adopt rules
required to be adopted under Section 511.009(a), Government Code,
as amended by this Act, not later than the 90th day after the
effective date of this Act.

SECTION 4:  Emergency clause.


SUMMARY OF COMMITTEE ACTION

HB 2897 was considered by the County Affairs Committee in a public
hearing on 4/5/95. The following persons testified for HB 2897: Don
Lee, W.J. Bryant, Dan Smith, Jim Allison. The following person
testified neutrally on HB 2897: Jack Crump. The chair left HB 2897
pending. HB 2897 was considered by the County Affairs Committee as
pending business in a public hearing on 4/12/95. HB 2897 was
reported favorably with the recommendation that it do pass and be
printed and be sent to the Committee on Local and Consent
Calendars, by the record vote of 8 ayes, 0 nays, 0 pnv, 1 absent.