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.