By: West S.B. No. 693
A BILL TO BE ENTITLED
AN ACT
1-1 relating to prison inmate liability for destruction of property at
1-2 the Texas Department of Criminal Justice.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsections (b), (d), and (e), Section 500.002,
1-5 Government Code, are amended to read as follows:
1-6 (b) The institutional division shall establish a hearing
1-7 procedure, giving consideration to the due process rights of
1-8 inmates, for the adjudication of claims for property damage under
1-9 this section <article>. Damages may be awarded to the department
1-10 <institutional division> only after a hearing and may not exceed
1-11 the value of the property damaged.
1-12 (d) An inmate may appeal a final decision <ruling following
1-13 a hearing> under this section after exhausting administrative
1-14 remedies by filing a petition seeking judicial review <an appeal>
1-15 in a district court having jurisdiction in the county in which the
1-16 alleged damages occurred. On judicial review <appeal>, the
1-17 district court shall follow the rules governing judicial review of
1-18 contested cases under Sections 2001.171 through 2001.178,
1-19 Government Code <Section 19, Administrative Procedure and Texas
1-20 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes)>.
1-21 Appeals may be taken from the district court as in other <civil>
1-22 cases.
1-23 (e) If an inmate fails to file a petition seeking judicial
2-1 review of <appeal> an adverse decision within 60 days after
2-2 exhausting all administrative remedies available to challenge a
2-3 final decision <the date of a hearing under Subsection (b)>, the
2-4 inmate is jurisdictionally barred from proceeding <appealing the
2-5 decision>.
2-6 SECTION 2. If any section, sentence, clause, or part of this
2-7 Act shall for any reason be held invalid, such invalidity shall not
2-8 affect the remaining portions of the Act, and it is hereby declared
2-9 to be the intention of this legislature to have passed each
2-10 section, sentence, clause, or part irrespective of the fact that
2-11 any other section, sentence, clause, or part may be declared
2-12 invalid.
2-13 SECTION 3. The changes in law made by this Act apply only to
2-14 a cause of action that accrues on or after the effective date of
2-15 this Act. A cause of action that accrues before the effective date
2-16 of this Act is governed by the law in effect on the date the cause
2-17 of action accrues, and that law is continued in effect for this
2-18 purpose.
2-19 SECTION 4. This Act takes effect September 1, 1995.
2-20 SECTION 5. The importance of this legislation and the
2-21 crowded condition of the calendars in both houses create an
2-22 emergency and an imperative public necessity that the
2-23 constitutional rule requiring bills to be read on three several
2-24 days in each house be suspended, and this rule is hereby suspended.