SRC-JFA C.S.H.B. 507 75(R)    BILL ANALYSIS


Senate Research CenterC.S.H.B. 507
By: Dutton (Whitmire)
Criminal Justice
5-18-97
Committee Report (Amended)


DIGEST 

Current law requires vendors contracting with the Texas Department of
Criminal Justice (TDCJ) to meet the same standards that are required of
all state-operated facilities.  Although current law covers many areas of
concern with regard to contracting vendors, it does not cover employment
requirements for those guards employed by vendors under a contract with
TDCJ.  H.B. 507 requires private vendors to employ as guards only
individuals whose educational background and previous employment
experience meet or exceed the requirements applicable to guards employed
by TDCJ; and makes a violation of this requirement a Class B misdemeanor. 
  
PURPOSE

As proposed, H.B. 507 establishes provisions regarding educational and
employment experience requirements for certain individuals hired as guards
in facilities that house inmates; and provides penalties. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 495.003, Government Code, by amending Subsection
(c), and by adding Subsection (f), to require a proposal, in addition to
meeting the requirements specified in the requests for proposals, to
provide that the private vender employ as guards only individuals whose
educational backgrounds and previous employment experience meet or exceed
the requirements applicable to guards employed by the Texas Department of
Criminal Justice (TDCJ).  Requires the Texas Board of Health to include in
each request for proposals under this section a statement of the minimum
educational background and employment experience required of guards
employed by TDCJ. 

SECTION 2. Amends Chapter 511, Government Code, by adding Section
511.0097, as follows: 

Sec. 511.0097.  QUALIFICATIONS FOR GUARDS IN CERTAIN PRIVATE PRISONS.
Requires the Commission on Jail Standards to require that an entity listed
in Subsection (b) that houses inmates convicted of offenses committed
against the laws of another state employ as guards only individuals whose
educational backgrounds and previous employment experience meet or exceed
the requirements applicable to guards employed by TDCJ. Provides that this
section applies to a private vendor operating a correctional facility
under a contract with another state, a county, or a municipality.  

SECTION 3. Effective date:  September 1, 1997.
  Makes application of this Act prospective. 

SECTION 4. Emergency clause.




 SUMMARY OF COMMITTEE CHANGES

Amendment 1. 

Page 3, lines 14 and 15, strikes Section "511.0092" and replaces with
Section "511.0097". 

Page 4, lines 1 and 2, strikes proposed Subsection (c), providing that an
entity that violates Subsection (a) commits a criminal offense punishable
as a Class B misdemeanor.