74R11603 JSA-D
By Culberson, Cuellar of Webb, Wilson, H.C.R. No. 76
Brady, Uher, et al.
HOUSE CONCURRENT RESOLUTION
1-1 WHEREAS, The correctional system of the State of Texas is
1-2 currently subject to a final judgment agreed to by the plaintiffs
1-3 and the Texas Department of Criminal Justice in the ongoing
1-4 litigation originally filed against the State of Texas in 1972 as
1-5 Ruiz v. Estelle; and
1-6 WHEREAS, It is generally acknowledged that the conditions
1-7 that led to the Ruiz litigation and to the subsequent supervision
1-8 of the Texas correctional system by the federal court have been
1-9 remedied and that the system is currently in compliance with all
1-10 federal law governing the conditions within the correctional
1-11 system; and
1-12 WHEREAS, The United States Department of Justice in a
1-13 memorandum filed with the court in the Ruiz litigation in July 1992
1-14 agreed that the State of Texas had implemented sweeping reforms and
1-15 state mechanisms in the correctional system that ensure continued
1-16 compliance with the standards guaranteed to incarcerated persons
1-17 under the United States Constitution and that these reforms and
1-18 mechanisms have the effect of requiring the federal court to return
1-19 control of the correctional system to the duly elected
1-20 representatives of the people of the State of Texas; and
1-21 WHEREAS, The final judgment in the Ruiz litigation has the
1-22 effect of perpetuating federal court control of the Texas
1-23 correctional system without compelling justification; and
1-24 WHEREAS, The Ruiz final judgment constitutes an unnecessary
2-1 and unjustified interference with the sovereignty of the State of
2-2 Texas guaranteed by the Constitution of the United States,
2-3 including the 10th Amendment and the guarantee to each state of a
2-4 republican form of government, limiting the ability of the State of
2-5 Texas to effectively manage its correctional system, suppressing
2-6 innovation and reform, and preventing the legislature from
2-7 exercising its sovereign authority and responsibility to provide
2-8 for the administration of justice in this state and to protect the
2-9 safety and property of the people of this state by changes to the
2-10 correctional system, including the elimination of parole or other
2-11 early release of violent offenders; and
2-12 WHEREAS, The Ruiz final judgment imposes requirements on the
2-13 State of Texas that are inconsistent with the concepts of
2-14 federalism, comity, and separation of powers inherent to the system
2-15 of government established by the Constitution of the United States,
2-16 and that are inconsistent with the appropriate role of the federal
2-17 courts under that system of government; and
2-18 WHEREAS, The Texas Performance Review estimates that
2-19 innovations in the management of the correctional system prohibited
2-20 or made more difficult to implement by the Ruiz final judgment
2-21 could make additional beds available within existing facilities of
2-22 the state correctional system, and making these additional beds
2-23 available could save the State of Texas from an unnecessary
2-24 expenditure of tax dollars; and
2-25 WHEREAS, Other litigation directed at other correctional
2-26 facilities in this state, including county and municipal jails,
2-27 such as Alberti v. The Sheriff of Harris County, has resulted in
3-1 the imposition by the courts of inmate population limits and other
3-2 jail conditions that may infringe on the legitimate authority of
3-3 the legislature and local officials to effectively manage the
3-4 correctional system; and
3-5 WHEREAS, Legislation now pending before the United States
3-6 Congress would provide for reconsideration of the Ruiz final
3-7 judgment and similar court orders and would permit the legislature
3-8 and other public officials to intervene as parties to the
3-9 litigation as necessary; now, therefore, be it
3-10 RESOLVED, That the Legislature of the State of Texas take any
3-11 action necessary to intervene on its own behalf in the Ruiz
3-12 litigation to terminate federal jurisdiction over the Texas
3-13 correctional system and to intervene or take other appropriate
3-14 legal action in any other case relating to Texas prisons or jails
3-15 as necessary to preserve or restore to the legislature and local
3-16 officials the constitutional sovereign authority to determine state
3-17 correctional policy and to release the state and its political
3-18 subdivisions from the continued supervision of the courts; and that
3-19 all litigation filed on behalf of this state to terminate or modify
3-20 federal jurisdiction over the Texas correctional system be filed,
3-21 pled, and resolved pursuant to the terms of this resolution; and,
3-22 be it further
3-23 RESOLVED, That the legislature employ legal counsel under
3-24 Section 301.061, Government Code, to be selected by the lieutenant
3-25 governor and speaker of the house of representatives, to represent
3-26 the legislature in taking action authorized by this resolution;
3-27 and that the litigation authorized by this resolution be filed at a
4-1 time determined by the governor, after consultation with the
4-2 lieutenant governor, the speaker of the house, and the Texas Board
4-3 of Criminal Justice; and that the governor, lieutenant governor,
4-4 and speaker of the house be authorized to make decisions regarding
4-5 the direction, tactics, and outcome of that litigation, within the
4-6 guidelines established by this resolution, after consultation with
4-7 the Texas Board of Criminal Justice; and, be it further
4-8 RESOLVED, That the legislature encourage the governor of
4-9 Texas, elected officials of political subdivisions of this state
4-10 affected by the court action in Ruiz, members of the United States
4-11 Congress elected from this state, and other public officials
4-12 interested in doing so to join the legislature in the litigation
4-13 authorized by this resolution; and, be it further
4-14 RESOLVED, That the comptroller of public accounts shall pay
4-15 the attorney's fees and other expenses incurred on behalf of the
4-16 legislature in carrying out this resolution from funds appropriated
4-17 for that purpose, and as a ministerial duty shall review and verify
4-18 the accuracy of each bill or statement before making a payment of
4-19 attorney's fees or other expenses under this resolution; and, be it
4-20 further
4-21 RESOLVED, That if the funds appropriated for purposes of
4-22 carrying out this resolution are insufficient to pay all
4-23 appropriate attorney's fees and other expenses, the speaker of the
4-24 house and lieutenant governor shall authorize those fees and
4-25 expenses to be paid from other funds available to the legislature
4-26 and shall request that funds be made available for that purpose
4-27 through budget execution if necessary.
5-1 ¯BEGCAPTIONÆ
5-2 Authorizing the legislature to intervene in the Ruiz prison case
5-3 and other cases involving the state correctional system and to
5-4 employ legal counsel for that purpose.
5-5 ¯ENDCAPTIONÆ