1-1 By: West S.B. No. 693
1-2 (In the Senate - Filed February 21, 1995; February 22, 1995,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 March 21, 1995, reported favorably by the following vote: Yeas 6,
1-5 Nays 0; March 21, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to prison inmate liability for destruction of property at
1-9 the Texas Department of Criminal Justice.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subsections (b), (d), and (e), Section 500.002,
1-12 Government Code, are amended to read as follows:
1-13 (b) The institutional division shall establish a hearing
1-14 procedure, giving consideration to the due process rights of
1-15 inmates, for the adjudication of claims for property damage under
1-16 this section <article>. Damages may be awarded to the department
1-17 <institutional division> only after a hearing and may not exceed
1-18 the value of the property damaged.
1-19 (d) An inmate may appeal a final decision <ruling following
1-20 a hearing> under this section after exhausting administrative
1-21 remedies by filing a petition seeking judicial review <an appeal>
1-22 in a district court having jurisdiction in the county in which the
1-23 alleged damages occurred. On judicial review <appeal>, the
1-24 district court shall follow the rules governing judicial review of
1-25 contested cases under Sections 2001.171 through 2001.178,
1-26 Government Code <Section 19, Administrative Procedure and Texas
1-27 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes)>.
1-28 Appeals may be taken from the district court as in other <civil>
1-29 cases.
1-30 (e) If an inmate fails to file a petition seeking judicial
1-31 review of <appeal> an adverse decision within 60 days after
1-32 exhausting all administrative remedies available to challenge a
1-33 final decision <the date of a hearing under Subsection (b)>, the
1-34 inmate is jurisdictionally barred from proceeding <appealing the
1-35 decision>.
1-36 SECTION 2. If any section, sentence, clause, or part of this
1-37 Act shall for any reason be held invalid, such invalidity shall not
1-38 affect the remaining portions of the Act, and it is hereby declared
1-39 to be the intention of this legislature to have passed each
1-40 section, sentence, clause, or part irrespective of the fact that
1-41 any other section, sentence, clause, or part may be declared
1-42 invalid.
1-43 SECTION 3. The changes in law made by this Act apply only to
1-44 a cause of action that accrues on or after the effective date of
1-45 this Act. A cause of action that accrues before the effective date
1-46 of this Act is governed by the law in effect on the date the cause
1-47 of action accrues, and that law is continued in effect for this
1-48 purpose.
1-49 SECTION 4. This Act takes effect September 1, 1995.
1-50 SECTION 5. The importance of this legislation and the
1-51 crowded condition of the calendars in both houses create an
1-52 emergency and an imperative public necessity that the
1-53 constitutional rule requiring bills to be read on three several
1-54 days in each house be suspended, and this rule is hereby suspended.
1-55 * * * * *