BWH C.S.S.B. 367 75(R)    BILL ANALYSIS


COUNTY AFFAIRS
C.S.S.B. 367
By: Brown, Whitmire (Hightower)
4-29-97
Committee Report (Substituted)



BACKGROUND 

The Texas Commission on Jail Standards (TCJS) was created in 1975 by the
64th Legislature to set minimum standards for the operation of jail
facilities in 242 counties and to inspect facilities for compliance with
those standards.  TCJS also regulates 11 private correctional facilities
that operate by contract with a city or a county.  TCJS is governed by a
nine member board and carries out its programs and functions with a staff
of 22 located solely in Austin.  In fiscal year 1996, TCJS had a budget of
$957,853. 

TCJS is subject to the sunset act and will be abolished September 1, 1997
unless continued by the Legislature.  As a result of its review of TCJS,
the Sunset Advisory Commission recommended continuation and several
statutory modifications that are contained in this legislation. 

PURPOSE

The purpose of this bill is to continue the Texas Commission on Jail
Standards for a 12-year period and make statutory modifications
recommended by the Sunset Advisory Commission and provide for other
changes.  The major modifications proposed by this bill: 

-Close a loophole that allows private correctional facilities to escape
regulation while accepting prisoners from out of state.  This lack of
regulation increases the potential for safety and security problems at
some private facilities in the state.  In addition, provisions prevent
county and municipal jails, and private facilities that contract with
them, from accepting dangerous prisoners and establish a method to ensure
the state is reimbursed in case a state agency incurs costs by responding
to an emergency caused by inmates from other states. 

-Require TCJS to establish a system to target inspections of facilities
under its jurisdiction.  Having TCJS develop an inspection schedule based
on compliance history and other risk factors, including a greater number
of unannounced inspections, would enable TCJS to focus on those facilities
that need additional scrutiny. 

-Continue TCJS for 12 years.  A continuing need exists to regulate and
inspect jail facilities to protect public safety, ensure safe facilities
and avoid costly court regulation of county jails. 

-Provide for other changes as recommended by the Sunset Commission.


RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly
granted to TCJS in the following section: SECTION 9 - Section 511.0092 and
Section 511.0093. 

In addition, under the general rulemaking authority already granted to
TCJS,  rules may be developed to implement other new provisions found in
this bill. 
 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 511.001, Government Code by adding (2), (5) and
(6) and renumbering the remaining subsections. 

 (2)  Defines "correctional facility" as a facility operated by a county,
municipality or a private vendor for the confinement of a person arrested,
charged or convicted of a criminal offense.   

 (5)  Defines "federal prisoner" as a person arrested, charged or
convicted of a violation of federal law. 

 (6) Defines "inmate" as a person arrested, charged or convicted of a
criminal offense of Texas or any other state of the United States and
confined in a county or municipal jail or a correctional facility operated
by a county, municipality or private vendor. 

SECTION 2.  Amends Section 511.003.  Updates TCJS's sunset date to
September 1, 2009, which provides for the usual 12-year review. 

SECTION 3.  Amends Section 511.004 by amending (a) and (f) and adding
(g)-(j). 

 (a) Updates standard language developed by the Sunset Commission by
clarifying that four members of the commission must be representatives of
the general public. 

 (f) Updates standard language developed by the Sunset Commission by
removing the term "handicap" and replacing it with "disability" in
language requiring non-discriminatory appointments to the commission. 

 (g)  Adds standard language developed by the Sunset Commission.
Prohibits appointment as a public member if the person or the person's
spouse conducts business with the agency, or otherwise has financial ties
to the regulated industry. 

 (h)-(j) Adds standard language developed by the Sunset Commission.
Requires commission members to complete at least one course of training
before being eligible to take office.  Lists what areas must be covered by
the mandatory training course for commission members, including the role
and functions of the agency, the programs operated by the commission and
the requirements of state laws relating to agency operations.  Also
authorizes the reimbursement of travel costs associated with the training
for a person appointed to the commission but not yet confirmed by the
Senate. 

SECTION 4.  Amends Section 511.0041(c).  Updates language developed by the
Sunset Commission by requiring notification of the attorney general if
knowledge that a potential ground for removal of a commission member
exists and providing for the notification of the governor and attorney
general if grounds for removal involve the presiding officer. 

SECTION 5.  Amends Section 511.0071 by adding (f).  Updates standard
language developed by the Sunset Commission requiring the commission to
collect and maintain information about all complaints filed with the
commission. 

SECTION 6.  Amends Section 511.008(h) and (i).  Updates standard language
developed by the Sunset Commission by requiring the executive director or
a designee to develop a a written equal employment policy that is annually
updated, reviewed by the Texas Commission on Human Rights, and filed with
the governor's office.  Makes conforming change. 

SECTION 7.  Amends Section 511.009(a) by adding (15).  Requires the
commission to schedule announced and unannounced inspections of facilities
under its jurisdiction based on past compliance with commission standards
and other criteria identified by the commission.  Renumbers subsections. 

SECTION 8.  Amends Section 511.0091(d).  Adds standard language developed
by the Sunset commission.  Requires the commission's funds to be managed
in accordance with the State Funds Reform Act.  Deletes language regarding
the jails standards inspection account in the General Revenue Fund that is
obsolete because of funds consolidation. 

SECTION 9.  Adds Sections 511.0092, 511.0093, and 511.0094, 511.0095 and
511.0096. 

 Section 511.0092(a)-(i).  

 (a)  Specifies that the only entities other than the state that can
legally operate a correctional facility housing other-state inmates are a
county, a municipality or a private vendor that contracts with a county or
municipality. 

 (b)  Specifies that a county commissioners court or the governing body of
a municipality can only enter into a contract with another state or a
jurisdiction in another state if the county or municipality submits to
TCJS a statement of the custody level and availability of space in the
facility and a written plan to coordinate law enforcement activities in
the case of an emergency situation.  Also requires TCJS to inspect the
facility to determine if it is a proper facility to house the inmates and
to review the emergency action plan. 

 (c)  Prohibits a private vendor from operating a correctional facility to
house other-state inmates. 

 (d)  Specifies conditions that a contract between a county or
municipality and another state must meet for a facility to house that
state's inmates, including requiring inmates to be returned to the sending
state before release, and checking records relating to inmate
classification, conduct and health before transferring the inmate from the
sending state to ensure compliance with TCJS standards.  Contracts must
prevent the incarceration of other states inmates with a record of
institutional violence involving the use of a deadly weapon, a pattern of
violence while incarcerated, or a history of escape.  The contract must
also require the receiving entity to determine the inmate's custody level
in accordance with TCJS rules and authorizes the receiving facility to
terminate the contract between the county and municipality and the sending
state with 90 days notice. 

 (e)  Authorizes TCJS to waive the requirements relating to sending or
receiving an inmate with a record of institutional violence involving the
use of a deadly weapon, a pattern of violence while incarcerated, or a
history of escape, if TCJS determines that the receiving facility is
capable of confining an inmate with such a record. 

 (f)  Requires a county, municipality, or private vendor contracting to
house other-state inmates to send a copy of the contract to TCJS, to
require certification of facility  employees as required by the Commission
on Law Enforcement and Officer Standards and Education, to submit to
inspections by TCJS, and to immediately notify TCJS of any emergency
situation. 

 (g)  Authorizes TCJS to require the sending state or a county,
municipality or private vendor that houses other-state inmates to
reimburse the state of Texas for any cost incurred by Texas state agency
responding to an emergency situation. 

 (h)  Authorizes a county commissioners court, or the governing body of a
municipality to enter into contracts with a private vendor to hold inmates
from other states despite provisions in the Local Government Code relating
to purchasing and contracting requirements for counties or municipalities
and the regulatory authority over county and municipal jails.  This
authority is granted only if TCJS reviews and approves the vendor's
qualifications to provide those services and if the terms of the contract
comply with all other provisions in the bill. 

 (i) Specifies that an employee of a private facility housing inmates from
other states does not need to be licensed under the Private Investigators
and Private Security Agencies Act if the  employee is required to maintain
certification from the Texas Commission on Law Enforcement Officer
Standards and Education by this Act. 

 Section 511.0093(a)-(c).  

 (a) Authorizes TCJS to impose a fee on a private vendor that operates a
facility holding prisoners from jurisdictions other than Texas.  The fee
must recover the costs of regulating and providing technical assistance to
the facility. 

 (b) Authorizes TCJS to adopt rules regulating how many federal prisoners
and prisoners from other states a county, municipal or private
correctional facility can hold, if the jail or correctional facility
houses state, county, or municipal prisoners or prisoners from another
state of the United States. 

 (c) Authorizes TCJS to adopt rules regulating county or municipal jails
or private facilities, operated under contract with a county or
municipality that house prisoners from jurisdictions other than Texas. 

 Section 511.0094.  Excludes municipal and private facilities that hold
only federal prisoners under a contract with the federal government from
TCJS's regulatory authority. Requires a county, municipality or a private
vendor to report to TCJS before placing state, county or municipal
prisoners in a facility housing only federal prisoners. 

 Section 511.0095.  Specifies that nothing in this bill should be
interpreted to limit the state's authority to house inmates from another
state under the provisions of the Interstate Corrections Compact or other
applicable law. 

 Section 511.0096.  Specifies that TCJS can require a private jail
facility housing inmates from another state to terminate the contract
within 90 days, if TCJS determines that the facility is needed to house
Texas inmates and Texas state funds are available to compensate the
facility for housing those inmates. 

SECTION 10.  Repeals Section 351.043(e), Local Government Code. Removes
language regarding the regulation of federal prisoners and prisoners from
jurisdictions other than Texas. This provision is relocated in SECTION 9 -
Section 511.0093(b). 

SECTION 11.  Specifies that the changes in board member qualifications
apply only to board members appointed on or after September 1, 1997.
Specifies that the changes to board member qualifications do not prevent a
person who serves on the board before September 1, 1997 from being
reappointed if that person meets the qualifications effective on that
date. 

SECTION 12.  Establishes the effective date of the Act as September 1,
1997. 

SECTION 13.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The C.S.S.B. 367 makes the following changes to the original:
 1)  The language in SECTION 3 of the substitute updates Sunset standard
language relating to training for board members.  The new language
requires training for board appointees to be eligible to take office.  The
engrossed version required training for board members in order to be
confirmed by the Senate.  The new language also allows persons appointed
to the commission to receive reimbursement for travel expenses resulting
from attending mandatory training sessions; and 

 2)  The language in SECTION 6 of the substitute updates Sunset standard
language relating to implementing an equal employment opportunity program
by replacing the term "guidelines" with, "laws, rules, regulations, and
instructions directly adopted under those laws, rules, or regulations."