By Culberson, Wilson, Brady, Uher H.C.R. No. 76
74R5437 JSA-D
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 Texas Department of Criminal Justice and the
1-22 attorney general of Texas representing the department in the Ruiz
1-23 litigation have entered into an agreed final judgment in that
1-24 litigation that has the effect of perpetuating federal court
2-1 control of the Texas correctional system without compelling
2-2 justification and are unwilling to seek a dissolution of the
2-3 litigation and an end to unnecessary federal court oversight over
2-4 the Texas correctional system; and
2-5 WHEREAS, The Ruiz final judgment constitutes an unnecessary
2-6 and unjustified interference with the sovereignty of the State of
2-7 Texas guaranteed by the Constitution of the United States,
2-8 including the 10th Amendment and the guarantee to each state of a
2-9 republican form of government, limiting the ability of the State of
2-10 Texas to effectively manage its correctional system, suppressing
2-11 innovation and reform, and preventing the legislature from
2-12 exercising its sovereign authority and responsibility to provide
2-13 for the administration of justice in this state and to protect the
2-14 safety and property of the people of this state by changes to the
2-15 correctional system, including the elimination of parole or other
2-16 early release of violent offenders; and
2-17 WHEREAS, The Texas Performance Review estimates that
2-18 innovations in the management of the correctional system prohibited
2-19 or made more difficult to implement by the Ruiz final judgment
2-20 could make at least 5,500 and as many as 6,100 additional beds
2-21 available within existing facilities of the state correctional
2-22 system, and making these additional beds available could save the
2-23 State of Texas at least $610 million over five years; and
2-24 WHEREAS, Other litigation directed at other correctional
2-25 facilities in this state, including county and municipal jails,
2-26 such as Alberti v. The Sheriff of Harris County, has resulted in
2-27 the imposition by the courts of inmate population limits and other
3-1 jail conditions that may infringe on the legitimate authority of
3-2 the legislature and local officials to effectively manage the
3-3 correctional system; and
3-4 WHEREAS, Legislation now pending before the United States
3-5 Congress would provide for reconsideration of the Ruiz final
3-6 judgment and similar court orders and would permit the legislature
3-7 and other public officials to intervene as parties to the
3-8 litigation as necessary; now, therefore, be it
3-9 RESOLVED, That the Legislature of the State of Texas take any
3-10 action necessary to intervene on its own behalf in the Ruiz
3-11 litigation or to file suit to reopen that litigation, to intervene
3-12 or take other appropriate legal action in any other case relating
3-13 to Texas prisons or jails as necessary to preserve or restore to
3-14 the legislature and local officials the constitutional sovereign
3-15 authority to determine state correctional policy, and to release
3-16 the state from the continued supervision of the courts; and that
3-17 the speaker of the house of representatives and the lieutenant
3-18 governor shall take any action necessary to carry out this
3-19 paragraph; and, be it further
3-20 RESOLVED, That the legislature employ legal counsel under
3-21 Section 301.061, Government Code, to represent the legislature in
3-22 taking action authorized by this resolution; and, be it further
3-23 RESOLVED, That the legislature encourage the governor of
3-24 Texas, elected officials of political subdivisions of this state
3-25 affected by the court action in Ruiz, members of the United States
3-26 Congress elected from this state, and other public officials
3-27 interested in doing so to join the legislature in taking action as
4-1 provided by this resolution and permit those parties to be
4-2 represented in their official capacities by the counsel
4-3 representing the legislature employed under this resolution.