BILL ANALYSIS S.B. 693 By: West (Gray) 04-04-95 Committee Report (Unamended) BACKGROUND Section 500.002, Government Code, provides monetary penalties for damaging state property. In order to provide for an inmate's due process rights, an inmate is allowed to appeal a ruling following a hearing. If the inmate is found liable for damaging state property, the institutional division may seize the inmate's trust funds. If more than one inmate is involved, each inmate involved in the damage is jointly and severally liable. PURPOSE As proposed, S.B. 693 requires inmates to be liable for the destruction of property at the Texas Department of Criminal Justice. 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 Sections 500.002(b), (d), and (e), Government Code, as follows: (b) Requires the institutional division of the Texas Department of Criminal Justice to establish a hearing procedure, giving consideration to the due process rights of inmates, for the adjudication of claims for property damage under this section. (d) Authorizes an inmate to appeal a final decision after exhausting administrative remedies by filing a petition seeking judicial review in a district court in the county in which the alleged damages occurred. Requires the district court to follow the rules governing judicial review of contested cases under Sections 2001.171-178, Government Code. (e) Provides that if an inmate fails to file a petition seeking judicial review of an adverse decision within 60 days after exhausting all administrative remedies available to challenge a final decision, the inmate is jurisdictionally barred from proceeding. SECTION 2. Severability clause. SECTION 3. Makes application of this Act prospective. SECTION 4. Effective date: September 1, 1995. SECTION 5. Emergency clause. SUMMARY OF COMMITTEE ACTION S.B. 693 was considered by the Committee on Corrections in a public hearing on April 4, 1995. The bill was reported favorably without amendment, with the recommendation that it do pass and be printed, by a record vote of 7 ayes, 0 nays, 0 pnv, and 2 absent.