By Longoria                                             H.B. No. 77

      75R951 GWK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the change in designation and functions of certain

 1-3     facilities under the control of the Texas Board of Criminal

 1-4     Justice.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Section 507.026, Government Code, is amended to

 1-7     read as follows:

 1-8           Sec. 507.026.  CHANGE IN DESIGNATION OF FACILITY.  (a)  The

 1-9     board may designate any facility under its control as a state jail

1-10     felony facility and confine state jail felons in that facility.

1-11           (b)  At least once during each calendar year, the board shall

1-12     determine whether any state jail felony facility under the control

1-13     of the board is not being used to confine state jail felons.  On a

1-14     determination by the board that a state jail felony facility is not

1-15     being used to confine state jail felons and is unlikely to be

1-16     needed to confine state jail felons before the first anniversary of

1-17     the determination, the board shall designate the facility as  a

1-18     substance abuse punishment facility and use the facility to confine

1-19     and treat defendants required to participate in a program described

1-20     by Section 493.009.

1-21           SECTION 2.  The Texas Board of Criminal Justice, as required

1-22     by Section 507.026(b), Government Code, as added by this Act, shall

1-23     make the first determination as to whether state jail felony

1-24     facilities are being used to confine inmates convicted of state

 2-1     jail felonies not later than September 1, 1997.

 2-2           SECTION 3.  The importance of this legislation and the

 2-3     crowded condition of the calendars in both houses create an

 2-4     emergency and an imperative public necessity that the

 2-5     constitutional rule requiring bills to be read on three several

 2-6     days in each house be suspended, and this rule is hereby suspended,

 2-7     and that this Act take effect and be in force from and after its

 2-8     passage, and it is so enacted.