By Hightower H.B. No. 2532
75R8598 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation and functions of the Commission on
1-3 Jail Standards.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 511.001, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 511.001. DEFINITIONS. In this chapter:
1-8 (1) "Commission" means the Commission on Jail
1-9 Standards.
1-10 (2) "Correctional facility" means a facility operated
1-11 by a county, a municipality, or a private vendor for the
1-12 confinement of a person arrested for, charged with, or convicted of
1-13 a criminal offense.
1-14 (3) "County jail" means a facility operated by or for
1-15 a county for the confinement of persons accused or convicted of an
1-16 offense.
1-17 (4) [(3)] "Executive director" means the executive
1-18 director of the commission.
1-19 (5) "Federal prisoner" means a person arrested for,
1-20 charged with, or convicted of a violation of a federal law.
1-21 (6) "Inmate" means a person arrested for, charged
1-22 with, or convicted of a criminal offense of this state or another
1-23 state of the United States and confined in a county jail, a
1-24 municipal jail, or a correctional facility operated by a county, a
2-1 municipality, or a private vendor.
2-2 (7) [(4)] "Prisoner" means a person confined in a
2-3 county jail.
2-4 SECTION 2. Section 511.003, Government Code, is amended to
2-5 read as follows:
2-6 Sec. 511.003. SUNSET PROVISION. The Commission on Jail
2-7 Standards is subject to Chapter 325 (Texas Sunset Act). Unless
2-8 continued in existence as provided by that chapter, the commission
2-9 is abolished and this chapter expires September 1, 2009 [1997].
2-10 SECTION 3. Section 511.004, Government Code, is amended by
2-11 amending Subsections (a) and (f) and adding Subsections (g) and (h)
2-12 to read as follows:
2-13 (a) The commission consists of nine members appointed by the
2-14 governor with the advice and consent of the senate. One member
2-15 must be a sheriff of a county with a population of more than
2-16 35,000, one must be a sheriff of a county with a population of
2-17 35,000 or less, one must be a county judge, one must be a county
2-18 commissioner, one must be a practitioner of medicine licensed by
2-19 the Texas State Board of Medical Examiners, and the other four must
2-20 be representatives of the general public [citizens of this state
2-21 who do not hold another public office]. At least one of the four
2-22 citizen members must be from a county with a population of 35,000
2-23 or less.
2-24 (f) Appointments to the commission shall be made without
2-25 regard to the race, color, disability [handicap], sex, religion,
2-26 age, or national origin of the appointees.
2-27 (g) A person is not eligible for appointment as a public
3-1 member of the commission if the person or the person's spouse:
3-2 (1) is registered, certified, or licensed by an
3-3 occupational regulatory agency in the field of law enforcement;
3-4 (2) is employed by or participates in the management
3-5 of a business entity, county jail, or other organization regulated
3-6 by the commission or receiving funds from the commission;
3-7 (3) owns or controls, directly or indirectly, more
3-8 than a 10 percent interest in a business entity or other
3-9 organization regulated by the commission or receiving funds from
3-10 the commission; or
3-11 (4) uses or receives a substantial amount of tangible
3-12 goods, services, or funds from the commission, other than
3-13 compensation or reimbursement authorized by law for commission
3-14 membership, attendance, or expenses.
3-15 (h) Before a member of the commission may assume the
3-16 member's duties and before the member may be confirmed by the
3-17 senate, the member must complete at least one course of a training
3-18 program that provides information to the member regarding:
3-19 (1) the enabling legislation that created the
3-20 commission;
3-21 (2) the programs operated by the commission;
3-22 (3) the role and functions of the commission;
3-23 (4) the rules of the commission with an emphasis on
3-24 the rules that relate to disciplinary and investigatory authority;
3-25 (5) the current budget for the commission;
3-26 (6) the results of the most recent formal audit of the
3-27 commission;
4-1 (7) the requirements of the:
4-2 (A) open meetings law, Chapter 551;
4-3 (B) open records law, Chapter 552; and
4-4 (C) administrative procedure law, Chapter 2001;
4-5 (8) the requirements of the conflict of interest laws
4-6 and other laws relating to public officials; and
4-7 (9) any applicable ethics policies adopted by the
4-8 commission or the Texas Ethics Commission.
4-9 SECTION 4. Section 511.0041(c), Government Code, is amended
4-10 to read as follows:
4-11 (c) If the executive director has knowledge that a potential
4-12 ground for removal exists, the executive director shall notify the
4-13 presiding officer of the commission of the ground. The presiding
4-14 officer shall then notify the governor and the attorney general
4-15 that a potential ground for removal exists. If the potential
4-16 ground for removal involves the presiding officer, the executive
4-17 director shall notify the next highest ranking officer of the
4-18 commission, who shall notify the governor and the attorney general
4-19 that a potential ground for removal exists.
4-20 SECTION 5. Section 511.0071, Government Code, is amended by
4-21 adding Subsection (f) to read as follows:
4-22 (f) The commission shall collect and maintain information
4-23 about each complaint received by the commission, including:
4-24 (1) the date the complaint is received;
4-25 (2) the name of the complainant;
4-26 (3) the subject matter of the complaint;
4-27 (4) a record of all persons contacted in relation to
5-1 the complaint;
5-2 (5) a summary of the results of the review or
5-3 investigation of the complaint; and
5-4 (6) for a complaint for which the agency took no
5-5 action, an explanation of the reason the complaint was closed
5-6 without action.
5-7 SECTION 6. Sections 511.008(h) and (i), Government Code, are
5-8 amended to read as follows:
5-9 (h) The executive director or the executive director's
5-10 designee shall prepare and maintain a written policy statement to
5-11 assure implementation of a program of equal employment opportunity
5-12 under which all personnel transactions are made without regard to
5-13 race, color, disability [handicap], sex, religion, age, or national
5-14 origin. The policy statement must include:
5-15 (1) personnel policies, including policies relating to
5-16 recruitment, evaluation, selection, appointment, training, and
5-17 promotion of personnel, that are in compliance with Chapter 21,
5-18 Labor Code;
5-19 (2) a comprehensive analysis of the commission work
5-20 force that meets federal and state guidelines;
5-21 (3) procedures by which a determination can be made
5-22 about the extent of underuse [significant underutilization] in the
5-23 commission work force of all persons for whom federal or state
5-24 guidelines encourage a more equitable balance; and
5-25 (4) reasonable methods to appropriately address those
5-26 areas of underuse [significant underutilization].
5-27 (i) A policy statement prepared under Subsection (h) must
6-1 cover an annual period, be updated at least annually and reviewed
6-2 by the Commission on Human Rights for compliance with Subsection
6-3 (h)(1), and be filed with the governor's office.
6-4 SECTION 7. Section 511.009(a), Government Code, as amended
6-5 by Chapters 171, 262, and 722, Acts of the 74th Legislature,
6-6 Regular Session, 1995, is amended to read as follows:
6-7 (a) The commission shall:
6-8 (1) adopt reasonable rules and procedures establishing
6-9 minimum standards for the construction, equipment, maintenance, and
6-10 operation of county jails;
6-11 (2) adopt reasonable rules and procedures establishing
6-12 minimum standards for the custody, care, and treatment of
6-13 prisoners;
6-14 (3) adopt reasonable rules establishing minimum
6-15 standards for the number of jail supervisory personnel and for
6-16 programs and services to meet the needs of prisoners;
6-17 (4) adopt reasonable rules and procedures establishing
6-18 minimum requirements for programs of rehabilitation, education, and
6-19 recreation in county jails;
6-20 (5) revise, amend, or change rules and procedures if
6-21 necessary;
6-22 (6) provide to local government officials consultation
6-23 on and technical assistance for county jails;
6-24 (7) review and comment on plans for the construction
6-25 and major modification or renovation of county jails;
6-26 (8) require that the sheriff and commissioners of each
6-27 county submit to the commission, on a form prescribed by the
7-1 commission, an annual report on the conditions in each county jail
7-2 within their jurisdiction, including all information necessary to
7-3 determine compliance with state law, commission orders, and the
7-4 rules adopted under this chapter;
7-5 (9) review the reports submitted under Subdivision (8)
7-6 and require commission employees to inspect county jails regularly
7-7 to ensure compliance with state law, commission orders, and rules
7-8 and procedures adopted under this chapter;
7-9 (10) adopt a classification system to assist sheriffs
7-10 and judges in determining which defendants are low-risk and
7-11 consequently suitable participants in a county jail work release
7-12 program under Article 42.034, Code of Criminal Procedure; [and]
7-13 (11) adopt rules relating to requirements for
7-14 segregation of classes of inmates and to capacities for county
7-15 jails;[.]
7-16 (12) [(11)] require that the chief jailer of each
7-17 municipal lockup submit to the commission, on a form prescribed by
7-18 the commission, an annual report of persons under 17 years of age
7-19 securely detained in the lockup, including all information
7-20 necessary to determine compliance with state law concerning secure
7-21 confinement of children in municipal lockups; [and]
7-22 (13) [(11)] at least annually determine whether each
7-23 county jail is in compliance with the rules and procedures adopted
7-24 under this chapter;[.]
7-25 (14) [(12)] require that the sheriff and commissioners
7-26 court of each county submit to the commission, on a form prescribed
7-27 by the commission, an annual report of persons under 17 years of
8-1 age securely detained in the county jail, including all information
8-2 necessary to determine compliance with state law concerning secure
8-3 confinement of children in county jails; and
8-4 (15) schedule announced and unannounced inspections of
8-5 jails under its jurisdiction based on the jail's history of
8-6 compliance with commission standards and other high-risk factors
8-7 identified by the commission.
8-8 SECTION 8. Section 511.0091(d), Government Code, is amended
8-9 to read as follows:
8-10 (d) All money paid to the commission under this chapter is
8-11 subject to Subchapter F, Chapter 404 [The Commission on Jail
8-12 Standards inspection account is established in the General Revenue
8-13 Fund. The commission shall deposit all money collected under this
8-14 section to the credit of the account. Money in the account may be
8-15 used only by the commission for the purpose of reviewing and
8-16 commenting on documents and performing inspections as described by
8-17 Subsection (a)].
8-18 SECTION 9. Chapter 511, Government Code, is amended by
8-19 adding Sections 511.0092, 511.0093, and 511.0094 to read as
8-20 follows:
8-21 Sec. 511.0092. CONTRACTS FOR OUT-OF-STATE INMATES. (a) The
8-22 only entities other than the state that are authorized to operate a
8-23 correctional facility to house in this state inmates convicted of
8-24 offenses committed against the laws of another state of the United
8-25 States are:
8-26 (1) a county or municipality; and
8-27 (2) a private vendor operating a correctional facility
9-1 under a contract with a county under Subchapter F, Chapter 351,
9-2 Local Government Code, or municipality under Subchapter E, Chapter
9-3 361, Local Government Code.
9-4 (b) A county or municipality may enter into a contract with
9-5 another state or a jurisdiction in another state for the purpose
9-6 described by Subsection (a) only if:
9-7 (1) the county or municipality submits to the
9-8 commission:
9-9 (A) a statement of the custody level capacity
9-10 and availability in the correctional facility that will house the
9-11 inmates; and
9-12 (B) a written plan explaining the procedure to
9-13 be used to coordinate law enforcement activities in response to any
9-14 riot, rebellion, escape, or other emergency situation occurring in
9-15 the facility; and
9-16 (2) the commission:
9-17 (A) inspects the facility and reviews the
9-18 statement and plan submitted under Subdivision (1); and
9-19 (B) after the inspection and review, determines
9-20 that the correctional facility is a proper facility for housing the
9-21 inmates and provides the county or municipality with a copy of that
9-22 determination.
9-23 (c) A private vendor operating a correctional facility in
9-24 this state may not enter into a contract for the purposes of
9-25 Subsection (a) with another state or a jurisdiction in another
9-26 state.
9-27 (d) A contract described by Subsection (b) must provide
10-1 that:
10-2 (1) each correctional facility in which inmates are to
10-3 be housed meets minimum standards established by the commission;
10-4 (2) each inmate to be released from custody must be
10-5 released in the sending state;
10-6 (3) before transferring an inmate, the receiving
10-7 facility shall review for compliance with the commission's
10-8 classification standards:
10-9 (A) all records concerning the sending state's
10-10 classification of the inmate, including records relating to the
10-11 inmate's conduct while confined in the sending state; and
10-12 (B) appropriate medical information concerning
10-13 the inmate, including certification of tuberculosis screening or
10-14 treatment;
10-15 (4) except as provided by Subsection (e), the sending
10-16 state will not transfer and the receiving facility will not accept
10-17 an inmate who has a record of institutional violence involving the
10-18 use of a deadly weapon or a pattern of violence while confined in
10-19 the sending state or a record of escape or attempted escape from
10-20 secure custody;
10-21 (5) the receiving entity will determine the inmate's
10-22 custody level in accordance with commission rules, in order to
10-23 ensure that the custody level assignments for the facility as a
10-24 whole are compatible with the construction security level
10-25 availability in the facility; and
10-26 (6) the receiving facility is entitled to terminate at
10-27 will the contract by providing the sending state with 90 days'
11-1 notice of the intent to terminate the contract.
11-2 (e) The commission may waive the requirement that a contract
11-3 contain the provision described by Subsection (d)(4) if the
11-4 commission determines that the receiving facility is capable of
11-5 confining an inmate described by Subsection (d)(4).
11-6 (f) A county, municipality, or private vendor operating
11-7 under a contract described by Subsection (b) shall:
11-8 (1) send a copy of the contract to the commission;
11-9 (2) require all employees at the facility to maintain
11-10 certification as required by the Commission on Law Enforcement
11-11 Officer Standards and Education;
11-12 (3) submit to inspections by the commission; and
11-13 (4) immediately notify the commission of any riot,
11-14 rebellion, escape, or other emergency situation occurring at the
11-15 facility.
11-16 (g) The commission may require the sending state or an
11-17 entity described in Subsection (a) to reimburse the state for any
11-18 cost incurred by a state agency in responding to any riot,
11-19 rebellion, escape, or other emergency situation occurring at the
11-20 facility.
11-21 Sec. 511.0093. RULES AND FEES RELATED TO OUT-OF-STATE
11-22 INMATES. (a) The commission may impose a fee on a private vendor
11-23 that operates a correctional facility housing prisoners from
11-24 jurisdictions other than this state. The fee must reasonably
11-25 compensate the commission for the cost of regulating and providing
11-26 technical assistance to the facility.
11-27 (b) The commission may adopt rules regulating the number of
12-1 federal prisoners and prisoners from jurisdictions other than Texas
12-2 that are housed in a county jail, a municipal jail, or a
12-3 correctional facility operated by a private vendor under contract
12-4 with a municipality if the jail or correctional facility houses
12-5 state, county, or municipal prisoners or prisoners of another state
12-6 of the United States.
12-7 (c) The commission may adopt other rules regulating jails or
12-8 correctional facilities described by Subsection (b) as necessary to
12-9 protect the health and safety of prisoners described by Subsection
12-10 (b), local and Texas prisoners, jail personnel, and the public.
12-11 Sec. 511.0094. EXCLUSION OF JAILS OR CORRECTIONAL FACILITIES
12-12 HOUSING ONLY FEDERAL PRISONERS. The provisions of this chapter do
12-13 not apply to a correctional facility, other than a county jail,
12-14 contracting to house only federal prisoners and operating pursuant
12-15 to a contract between a unit of the federal government and a
12-16 county, a municipality, or a private vendor. If a county,
12-17 municipality, or private vendor contracts to house or begins to
12-18 house state, county, or municipal prisoners or prisoners of another
12-19 state of the United States, it shall report to the commission
12-20 before placing such inmates in a correctional facility housing only
12-21 federal prisoners.
12-22 SECTION 10. Section 351.043(e), Local Government Code, is
12-23 repealed.
12-24 SECTION 11. The changes in law made by this Act in the
12-25 qualifications of members of the Commission on Jail Standards do
12-26 not affect the entitlement of a member serving on the commission
12-27 immediately before September 1, 1997, to continue to carry out the
13-1 functions of the commission for the remainder of the member's term.
13-2 The changes in law apply only to a member appointed on or after
13-3 September 1, 1997. This Act does not prohibit a person who is a
13-4 member of the commission on September 1, 1997, from being
13-5 reappointed to the commission if the person has the qualifications
13-6 required for a member under Chapter 511, Government Code, as
13-7 amended by this Act.
13-8 SECTION 12. This Act takes effect September 1, 1997.
13-9 SECTION 13. The importance of this legislation and the
13-10 crowded condition of the calendars in both houses create an
13-11 emergency and an imperative public necessity that the
13-12 constitutional rule requiring bills to be read on three several
13-13 days in each house be suspended, and this rule is hereby suspended.