By:  Brown, Whitmire                                   S.B. No. 367

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the continuation and functions of the Commission on

 1-2     Jail Standards.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 511.001, Government Code, is amended to

 1-5     read as follows:

 1-6           Sec. 511.001.  DEFINITIONS.  In this chapter:

 1-7                 (1)  "Commission" means the Commission on Jail

 1-8     Standards.

 1-9                 (2)  "Correctional facility" means a facility operated

1-10     by a county, a municipality, or a private vendor for the

1-11     confinement of a person arrested for, charged with, or convicted of

1-12     a criminal offense.

1-13                 (3)  "County jail" means a facility operated by or for

1-14     a county for the confinement of persons accused or convicted of an

1-15     offense.

1-16                 (4) [(3)]  "Executive director" means the executive

1-17     director of the commission.

1-18                 (5)  "Federal prisoner" means a person arrested for,

1-19     charged with, or convicted of a violation of a federal law.

1-20                 (6)  "Inmate" means a person arrested for, charged

1-21     with, or convicted of a criminal offense of this state or another

1-22     state of the United States and confined in a county jail, a

1-23     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,

 3-1     age, or national origin of the appointees.

 3-2           (g)  A person is not eligible for appointment as a public

 3-3     member of the commission if the person or the person's spouse:

 3-4                 (1)  is registered, certified, or licensed by an

 3-5     occupational regulatory agency in the field of law enforcement;

 3-6                 (2)  is employed by or participates in the management

 3-7     of a business entity, county jail, or other organization regulated

 3-8     by the commission or receiving funds from the commission;

 3-9                 (3)  owns or controls, directly or indirectly, more

3-10     than a 10 percent interest in a business entity or other

3-11     organization regulated by the commission or receiving funds from

3-12     the commission; or

3-13                 (4)  uses or receives a substantial amount of tangible

3-14     goods, services, or funds from the commission, other than

3-15     compensation or reimbursement authorized by law for commission

3-16     membership, attendance, or expenses.

3-17           (h)  Before a member of the commission may assume the

3-18     member's duties and before the member may be confirmed by the

3-19     senate, the member must complete at least one course of a training

3-20     program that provides information to the member regarding:

3-21                 (1)  the enabling legislation that created the

3-22     commission;

3-23                 (2)  the programs operated by the commission;

3-24                 (3)  the role and functions of the commission;

3-25                 (4)  the rules of the commission with an emphasis on

 4-1     the rules that relate to disciplinary and investigatory authority;

 4-2                 (5)  the current budget for the commission;

 4-3                 (6)  the results of the most recent formal audit of the

 4-4     commission;

 4-5                 (7)  the requirements of the:

 4-6                       (A)  open meetings law, Chapter 551;

 4-7                       (B)  open records law, Chapter 552; and

 4-8                       (C)  administrative procedure law, Chapter 2001;

 4-9                 (8)  the requirements of the conflict of interest laws

4-10     and other laws relating to public officials; and

4-11                 (9)  any applicable ethics policies adopted by the

4-12     commission or the Texas Ethics Commission.

4-13           SECTION 4.  Subsection (c), Section 511.0041, Government

4-14     Code, is amended to read as follows:

4-15           (c)  If the executive director has knowledge that a potential

4-16     ground for removal exists, the executive director shall notify the

4-17     presiding officer of the commission of the ground. The presiding

4-18     officer shall then notify the governor and the attorney general

4-19     that a potential ground for removal exists.  If the potential

4-20     ground for removal involves the presiding officer, the executive

4-21     director shall notify the next highest ranking officer of the

4-22     commission, who shall notify the governor and the attorney general

4-23     that a potential ground for removal exists.

4-24           SECTION 5.  Section 511.0071, Government Code, is amended by

4-25     adding Subsection (f) to read as follows:

 5-1           (f)  The commission shall collect and maintain information

 5-2     about each complaint received by the commission, including:

 5-3                 (1)  the date the complaint is received;

 5-4                 (2)  the name of the complainant;

 5-5                 (3)  the subject matter of the complaint;

 5-6                 (4)  a record of all persons contacted in relation to

 5-7     the complaint;

 5-8                 (5)  a summary of the results of the review or

 5-9     investigation of the complaint; and

5-10                 (6)  for a complaint for which the agency took no

5-11     action, an explanation of the reason the complaint was closed

5-12     without action.

5-13           SECTION 6.  Subsections (h) and (i), Section 511.008,

5-14     Government Code, are amended to read as follows:

5-15           (h)  The executive director or the executive director's

5-16     designee shall prepare and maintain a written policy statement to

5-17     assure implementation of a program of equal employment opportunity

5-18     under which all personnel transactions are made without regard to

5-19     race, color, disability [handicap], sex, religion, age, or national

5-20     origin.  The policy statement must include:

5-21                 (1)  personnel policies, including policies relating to

5-22     recruitment, evaluation, selection, appointment, training, and

5-23     promotion of personnel, that are in compliance with Chapter 21,

5-24     Labor Code;

5-25                 (2)  a comprehensive analysis of the commission work

 6-1     force that meets federal and state guidelines;

 6-2                 (3)  procedures by which a determination can be made

 6-3     about the extent of underuse [significant underutilization] in the

 6-4     commission work force of all persons for whom federal or state

 6-5     guidelines encourage a more equitable balance; and

 6-6                 (4)  reasonable methods to appropriately address those

 6-7     areas of underuse [significant underutilization].

 6-8           (i)  A policy statement prepared under Subsection (h) must

 6-9     cover an annual period, be updated at least annually and reviewed

6-10     by the Commission on Human Rights for compliance with Subsection

6-11     (h)(1), and be filed with the governor's office.

6-12           SECTION 7.  Subsection (a), Section 511.009, Government Code,

6-13     as amended by Chapters 171, 262, and 722, Acts of the 74th

6-14     Legislature, 1995, is amended to read as follows:

6-15           (a)  The commission shall:

6-16                 (1)  adopt reasonable rules and procedures establishing

6-17     minimum standards for the construction, equipment, maintenance, and

6-18     operation of county jails;

6-19                 (2)  adopt reasonable rules and procedures establishing

6-20     minimum standards for the custody, care, and treatment of

6-21     prisoners;

6-22                 (3)  adopt reasonable rules establishing minimum

6-23     standards for the number of jail supervisory personnel and for

6-24     programs and services to meet the needs of prisoners;

6-25                 (4)  adopt reasonable rules and procedures establishing

 7-1     minimum requirements for programs of rehabilitation, education, and

 7-2     recreation in county jails;

 7-3                 (5)  revise, amend, or change rules and procedures if

 7-4     necessary;

 7-5                 (6)  provide to local government officials consultation

 7-6     on and technical assistance for county jails;

 7-7                 (7)  review and comment on plans for the construction

 7-8     and major modification or renovation of county jails;

 7-9                 (8)  require that the sheriff and commissioners of each

7-10     county submit to the commission, on a form prescribed by the

7-11     commission, an annual report on the conditions in each county jail

7-12     within their jurisdiction, including all information necessary to

7-13     determine compliance with state law, commission orders, and the

7-14     rules adopted under this chapter;

7-15                 (9)  review the reports submitted under Subdivision (8)

7-16     and require commission employees to inspect county jails regularly

7-17     to ensure compliance with state law, commission orders, and rules

7-18     and procedures adopted under this chapter;

7-19                 (10)  adopt a classification system to assist sheriffs

7-20     and judges in determining which defendants are low-risk and

7-21     consequently suitable participants in a county jail work release

7-22     program under Article 42.034, Code of Criminal Procedure; [and]

7-23                 (11)  adopt rules relating to requirements for

7-24     segregation of classes of inmates and to capacities for county

7-25     jails;[.]

 8-1                 (12) [(11)]  require that the chief jailer of each

 8-2     municipal lockup submit to the commission, on a form prescribed by

 8-3     the commission, an annual report of persons under 17 years of age

 8-4     securely detained in the lockup, including all information

 8-5     necessary to determine compliance with state law concerning secure

 8-6     confinement of children in municipal lockups; [and]

 8-7                 (13) [(11)]  at least annually determine whether each

 8-8     county jail is in compliance with the rules and procedures adopted

 8-9     under this chapter;[.]

8-10                 (14) [(12)]  require that the sheriff and commissioners

8-11     court of each county submit to the commission, on a form prescribed

8-12     by the commission, an annual report of persons under 17 years of

8-13     age securely detained in the county jail, including all information

8-14     necessary to determine compliance with state law concerning secure

8-15     confinement of children in county jails; and

8-16                 (15)  schedule announced and unannounced inspections of

8-17     jails under its jurisdiction based on the jail's history of

8-18     compliance with commission standards and other high-risk factors

8-19     identified by the commission.

8-20           SECTION 8.  Subsection (d), Section 511.0091, Government

8-21     Code, is amended to read as follows:

8-22           (d)  All money paid to the commission under this chapter is

8-23     subject to Subchapter F, Chapter 404 [The Commission on Jail

8-24     Standards inspection account is established in the General Revenue

8-25     Fund.  The commission shall deposit all money collected under this

 9-1     section to the credit of the account.  Money in the account may be

 9-2     used only by the commission for the purpose of reviewing and

 9-3     commenting on documents and performing inspections as described by

 9-4     Subsection (a)].

 9-5           SECTION 9.  Chapter 511, Government Code, is amended by

 9-6     adding Sections 511.0092 through 511.0096 to read as follows:

 9-7           Sec. 511.0092.  CONTRACTS FOR OUT-OF-STATE INMATES.  (a)  The

 9-8     only entities other than the state that are authorized to operate a

 9-9     correctional facility to house in this state inmates convicted of

9-10     offenses committed against the laws of another state of the United

9-11     States are:

9-12                 (1)  a county or municipality; and

9-13                 (2)  a private vendor operating a correctional facility

9-14     under a contract with a county under Subchapter F, Chapter 351,

9-15     Local Government Code, or a municipality under Subchapter E,

9-16     Chapter 361, Local Government Code.

9-17           (b)  A county commissioners court or the governing body of a

9-18     municipality may enter into a contract with another state or a

9-19     jurisdiction in another state for the purpose described by

9-20     Subsection (a) only if:

9-21                 (1)  the county or municipality submits to the

9-22     commission:

9-23                       (A)  a statement of the custody level capacity

9-24     and availability in the correctional facility that will house the

9-25     inmates; and

 10-1                      (B)  a written plan explaining the procedure to

 10-2    be used to coordinate law enforcement activities in response to any

 10-3    riot, rebellion, escape, or other emergency situation occurring in

 10-4    the facility; and

 10-5                (2)  the commission:

 10-6                      (A)  inspects the facility and reviews the

 10-7    statement and plan submitted under Subdivision (1); and

 10-8                      (B)  after the inspection and review, determines

 10-9    that the correctional facility is a proper facility for housing the

10-10    inmates and provides the county or municipality with a copy of that

10-11    determination.

10-12          (c)  A private vendor operating a correctional facility in

10-13    this state may not enter into a contract for the purposes of

10-14    Subsection (a) with another state or a jurisdiction in another

10-15    state.

10-16          (d)  A contract described by Subsection (b) must provide

10-17    that:

10-18                (1)  each correctional facility in which inmates are to

10-19    be housed meets minimum standards established by the commission;

10-20                (2)  each inmate to be released from custody must be

10-21    released in the sending state;

10-22                (3)  before transferring an inmate, the receiving

10-23    facility shall review for compliance with the commission's

10-24    classification standards:

10-25                      (A)  all records concerning the sending state's

 11-1    classification of the inmate, including records relating to the

 11-2    inmate's conduct while confined in the sending state; and

 11-3                      (B)  appropriate medical information concerning

 11-4    the inmate, including certification of tuberculosis screening or

 11-5    treatment;

 11-6                (4)  except as provided by Subsection (e), the sending

 11-7    state will not transfer and the receiving facility will not accept

 11-8    an inmate who has a record of institutional violence involving the

 11-9    use of a deadly weapon or a pattern of violence while confined in

11-10    the sending state or a record of escape or attempted escape from

11-11    secure custody;

11-12                (5)  the receiving entity will determine the inmate's

11-13    custody level in accordance with commission rules, in order to

11-14    ensure that the custody level assignments for the facility as a

11-15    whole are compatible with the construction security level

11-16    availability in the facility; and

11-17                (6)  the receiving facility is entitled to terminate at

11-18    will the contract by providing the sending state with 90 days'

11-19    notice of the intent to terminate the contract.

11-20          (e)  The commission may waive the requirement that a contract

11-21    contain the provision described by Subsection (d)(4) if the

11-22    commission determines that the receiving facility is capable of

11-23    confining an inmate described by Subsection (d)(4).

11-24          (f)  A county, municipality, or private vendor operating

11-25    under a contract described by Subsection (b) shall:

 12-1                (1)  send a copy of the contract to the commission;

 12-2                (2)  require all employees at the facility to maintain

 12-3    certification as required by the Commission on Law Enforcement

 12-4    Officer Standards and Education;

 12-5                (3)  submit to inspections by the commission; and

 12-6                (4)  immediately notify the commission of any riot,

 12-7    rebellion, escape, or other emergency situation occurring at the

 12-8    facility.

 12-9          (g)  The commission may require the sending state or an

12-10    entity described in Subsection (a) to reimburse the state for any

12-11    cost incurred by a state agency in responding to any riot,

12-12    rebellion, escape, or other emergency situation occurring at the

12-13    facility.

12-14          (h)  Notwithstanding the provisions of Chapter 252, Chapter

12-15    262, Subchapter F, Chapter 351, or Subchapter E, Chapter 361, Local

12-16    Government Code, the governing body of a municipality or a county

12-17    commissioners court may enter into a contract with a private vendor

12-18    to provide professional services under this section if the

12-19    commission reviews and approves the private vendor's qualifications

12-20    to provide such services and the terms of the proposed contract

12-21    comply with this section.

12-22          (i)  The Private Investigators and Private Security Agencies

12-23    Act (Article 4413(29bb), Vernon's Texas Civil Statutes), does not

12-24    apply to an employee of a facility in the actual discharge of

12-25    duties as an employee of the facility if the employee is required

 13-1    by Subsection (f)(2) or by Section 415.0541 to maintain

 13-2    certification from the Commission on Law Enforcement Officer

 13-3    Standards and Education.

 13-4          Sec. 511.0093.  RULES AND FEES  RELATED TO OUT-OF-STATE

 13-5    INMATES.  (a)  The commission may impose a fee on a private vendor

 13-6    that operates a correctional facility housing prisoners from

 13-7    jurisdictions other than this state.  The fee must reasonably

 13-8    compensate the commission for the cost of regulating and providing

 13-9    technical assistance to the facility.

13-10          (b)  The commission may adopt rules regulating the number of

13-11    federal prisoners and prisoners from jurisdictions other than Texas

13-12    that are housed in a county jail, a municipal jail, or a

13-13    correctional facility operated by a private vendor under contract

13-14    with a municipality if the jail or correctional facility houses

13-15    state, county, or municipal prisoners or prisoners of another state

13-16    of the United States.

13-17          (c)  The commission may adopt other rules regulating jails or

13-18    correctional facilities described by Subsection (b) as necessary to

13-19    protect the health and safety of prisoners described by Subsection

13-20    (b), local and Texas prisoners, jail personnel, and the public.

13-21          Sec. 511.0094.  EXCLUSION OF JAILS OR CORRECTIONAL FACILITIES

13-22    HOUSING ONLY FEDERAL PRISONERS.  The provisions of this chapter do

13-23    not apply to a correctional facility, other than a county jail,

13-24    contracting to house only federal prisoners and operating pursuant

13-25    to a contract between a unit of the federal government and a

 14-1    county, a municipality, or a private vendor.  If a county,

 14-2    municipality, or private vendor contracts to house or begins to

 14-3    house state, county, or municipal prisoners or prisoners of another

 14-4    state of the United States, it shall report to the commission

 14-5    before placing such inmates in a correctional facility housing only

 14-6    federal prisoners.

 14-7          Sec. 511.0095.  AUTHORITY TO HOUSE OUT-OF-STATE INMATES.

 14-8    Nothing in this chapter shall be construed to limit the authority

 14-9    of the state granted under Article 42.19, Code of Criminal

14-10    Procedure, or other applicable law to house in this state inmates

14-11    convicted of offenses committed against the laws of another state

14-12    of the United States.

14-13          Sec. 511.0096.  TERMINATION OF CONTRACTS FOR OUT-OF-STATE

14-14    INMATES.  The commission may require the receiving facility to

14-15    terminate a contract under Section 511.0092(d)(6), if the

14-16    commission determines that the receiving facility is needed to

14-17    house inmates convicted of offenses against the laws of the state

14-18    and funds have been appropriated by the state to compensate the

14-19    receiving facility for the incarceration of the inmates.

14-20          SECTION 10.  Subsection (e), Section 351.043, Local

14-21    Government Code, is repealed.

14-22          SECTION 11.  The changes in law made by this Act in the

14-23    qualifications of members of the Commission on Jail Standards do

14-24    not affect the entitlement of a member serving on the commission

14-25    immediately before September 1, 1997, to continue to carry out the

 15-1    functions of the commission for the remainder of the member's term.

 15-2    The changes in law apply only to a member appointed on or after

 15-3    September 1, 1997.  This Act does not prohibit a person who is a

 15-4    member of the commission on September 1, 1997, from being

 15-5    reappointed to the commission if the person has the qualifications

 15-6    required for a member under Chapter 511, Government Code, as

 15-7    amended by this Act.

 15-8          SECTION 12.  This Act takes effect September 1, 1997.

 15-9          SECTION 13.  The importance of this legislation and the

15-10    crowded condition of the calendars in both houses create an

15-11    emergency and an imperative public necessity that the

15-12    constitutional rule requiring bills to be read on three several

15-13    days in each house be suspended, and this rule is hereby suspended.