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 only after a hearing and may not exceed the value of the property
1-11 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 in the county in which the alleged damages
1-16 occurred. On judicial review <appeal> the district court shall
1-17 follow the rules governing judicial review of contested cases under
1-18 Sections 2001.171-.178, Government Code <Section 19, Administrative
1-19 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
1-20 Civil Statutes)>. Appeals may be taken from the district court as
1-21 in other cases.
1-22 (e) If an inmate fails to file a petition seeking judicial
1-23 review of <appeal> an adverse decision within 60 days after
2-1 exhausting all administrative remedies available to challenge a
2-2 final decision <the date of a hearing under Subsection (b)>, the
2-3 inmate is jurisdictionally barred from proceeding.
2-4 SECTION 2. SEVERABILITY. If any section, sentence, clause,
2-5 or part of this Act shall, for any reason, be held invalid, such
2-6 invalidity shall not affect the remaining portions of the Act, and
2-7 it is hereby declared to be the intention of this legislature to
2-8 have passed each section, sentence, clause, or part irrespective of
2-9 the fact that any other section, sentence, clause, or part may be
2-10 declared invalid.
2-11 SECTION 3. The changes in law made by this Act apply only to
2-12 a cause of action that accrues on or after the effective date of
2-13 this article. A cause of action that accrues before the effective
2-14 date of this article is governed by the law in effect on the date
2-15 the cause of action accrues, and that law is continued in effect
2-16 for this purpose.
2-17 SECTION 4. EFFECTIVE DATE. This Act takes effect on
2-18 September 1, 1995.
2-19 SECTION 5. EMERGENCY. The importance of this legislation
2-20 and the crowded condition of the calendars in both houses create an
2-21 emergency and an imperative public necessity that the
2-22 constitutional rule requiring bills to be read on three several
2-23 days in each house be suspended, and this rule is hereby suspended.