By Lewis of Orange                                    H.B. No. 2172
       74R4440 GWK-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to capacity limits for county jail dormitories and day
    1-3  rooms.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 351.006(c), Local Government Code, is
    1-6  amended to read as follows:
    1-7        (c)  A dormitory or day room must be designed to accommodate
    1-8  not more than the number of <48> prisoners permitted for the
    1-9  dormitory or day room under capacity limits established by the
   1-10  Commission on Jail Standards.
   1-11        SECTION 2.  Section 511.009(a), Government Code, is amended
   1-12  to read as follows:
   1-13        (a)  The commission shall:
   1-14              (1)  adopt reasonable rules and procedures establishing
   1-15  minimum standards for the construction, equipment, maintenance, and
   1-16  operation of county jails;
   1-17              (2)  adopt reasonable rules and procedures establishing
   1-18  minimum standards for the custody, care, and treatment of
   1-19  prisoners;
   1-20              (3)  adopt reasonable rules establishing minimum
   1-21  standards for the number of jail supervisory personnel and for
   1-22  programs and services to meet the needs of prisoners;
   1-23              (4)  adopt reasonable rules and procedures establishing
   1-24  minimum requirements for programs of rehabilitation, education, and
    2-1  recreation in county jails;
    2-2              (5)  revise, amend, or change rules and procedures if
    2-3  necessary;
    2-4              (6)  provide to local government officials consultation
    2-5  on and technical assistance for county jails;
    2-6              (7)  review and comment on plans for the construction
    2-7  and major modification or renovation of county jails;
    2-8              (8)  require that the sheriff and commissioners of each
    2-9  county submit to the commission, on a form prescribed by the
   2-10  commission, an annual report on the conditions in each county jail
   2-11  within their jurisdiction, including all information necessary to
   2-12  determine compliance with state law, commission orders, and the
   2-13  rules adopted under this chapter;
   2-14              (9)  review the reports submitted under Subdivision (8)
   2-15  and require commission employees to inspect county jails regularly
   2-16  to ensure compliance with state law, commission orders, and rules
   2-17  and procedures adopted under this chapter;
   2-18              (10)  adopt capacity limits approved by the sheriff for
   2-19  dormitories or day rooms for each county jail; and
   2-20              (11) <(10)>  at least annually determine whether each
   2-21  county jail is in compliance with the rules and procedures adopted
   2-22  under this chapter.
   2-23        SECTION 3.  The Commission on Jail Standards shall adopt
   2-24  capacity limits for dormitories and day rooms for each county jail
   2-25  as required by Section 511.009(a), Government Code, as amended by
   2-26  this Act, not later than the 180th day after the effective date of
   2-27  this Act.
    3-1        SECTION 4.  The importance of this legislation and the
    3-2  crowded condition of the calendars in both houses create an
    3-3  emergency and an imperative public necessity that the
    3-4  constitutional rule requiring bills to be read on three several
    3-5  days in each house be suspended, and this rule is hereby suspended,
    3-6  and that this Act take effect and be in force from and after its
    3-7  passage, and it is so enacted.