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.