SRC-SLL S.B. 66 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 66
By: Moncrief
Criminal Justice
3-10-97
As Filed


DIGEST 

Currently, Texas law requires the community justice assistance division of
the Texas Department of Criminal Justice, a community supervision and
corrections department, or a vendor proposing to operate a corrections
facility to provide public notice of certain meetings.  However, citizens
have complained that the notice required is inadequate.  In one instance,
a hearing on a halfway house for sex offenders was held on Easter weekend,
and the notice of the hearing was small and did not clearly state how the
facility would be used.  This bill expands the notice requirements and
prohibits the meetings from being held at certain times.  

PURPOSE

As proposed, S.B. 66 provides for notice to the public and to public
officials concerning activities affecting certain community corrections
facilities. 

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 Sections 509.010(b) and (e), Government Code, to
require the community justice assistance division of the Texas Department
of Criminal Justice (division), a community supervision and corrections
department, or a vendor proposing to operate a corrections facility to
provide public notice of a hearing on a proposed action by publishing in a
newspaper a notice that is not less than 3-1/2 inches by 5 inches.
Requires the division to include the police chief, sheriff, mayor, county
judge, and school board member who serves or represents the area in which
a correction facility is located in the list of officials who must be
notified by mail of a hearing. Prohibits the division from holding a
meeting on a Saturday, Sunday, or legal holiday.  Requires meetings to be
held after 6 p.m. 

SECTION 2.  Amends Section 25(c), Article 42.18, Code of Criminal
Procedure, to require notice of proposed actions to be made in conformance
with Section 509.010, Government Code.  Requires the division, when taking
certain actions related to a community residential facility, to provide
notice that clearly states that the proposed action concerns a facility
which houses persons released from prison on parole or mandatory
supervision. 

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

SECTION 4.  Emergency clause.