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), (h),
2-12 (i), and (j) 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) To be eligible to take office as a member of the
3-18 commission, a person appointed to the commission must complete at
3-19 least one course of a training program that complies with
3-20 Subsection (i).
3-21 (i) The training program required by Subsection (h) must
3-22 provide information to the person regarding:
3-23 (1) the enabling legislation that created the
3-24 commission;
3-25 (2) the programs operated by the commission;
4-1 (3) the role and functions of the commission;
4-2 (4) the rules of the commission with an emphasis on
4-3 the rules that relate to disciplinary and investigatory authority;
4-4 (5) the current budget for the commission;
4-5 (6) the results of the most recent formal audit of the
4-6 commission;
4-7 (7) the requirements of the:
4-8 (A) open meetings law, Chapter 551;
4-9 (B) open records law, Chapter 552; and
4-10 (C) administrative procedure law, Chapter 2001;
4-11 (8) the requirements of the conflict of interests laws
4-12 and other laws relating to public officials; and
4-13 (9) any applicable ethics policies adopted by the
4-14 commission or the Texas Ethics Commission.
4-15 (j) A person appointed to the commission is entitled to
4-16 reimbursement for travel expenses incurred in attending the
4-17 training program required by Subsection (h) as provided by the
4-18 General Appropriations Act and as if the person were a member of
4-19 the commission.
4-20 SECTION 4. Subsection (c), Section 511.0041, Government
4-21 Code, is amended to read as follows:
4-22 (c) If the executive director has knowledge that a potential
4-23 ground for removal exists, the executive director shall notify the
4-24 presiding officer of the commission of the ground. The presiding
4-25 officer shall then notify the governor and the attorney general
5-1 that a potential ground for removal exists. If the potential
5-2 ground for removal involves the presiding officer, the executive
5-3 director shall notify the next highest ranking officer of the
5-4 commission, who shall notify the governor and the attorney general
5-5 that a potential ground for removal exists.
5-6 SECTION 5. Section 511.0071, Government Code, is amended by
5-7 adding Subsection (f) to read as follows:
5-8 (f) The commission shall collect and maintain information
5-9 about each complaint received by the commission, including:
5-10 (1) the date the complaint is received;
5-11 (2) the name of the complainant;
5-12 (3) the subject matter of the complaint;
5-13 (4) a record of all persons contacted in relation to
5-14 the complaint;
5-15 (5) a summary of the results of the review or
5-16 investigation of the complaint; and
5-17 (6) for a complaint for which the agency took no
5-18 action, an explanation of the reason the complaint was closed
5-19 without action.
5-20 SECTION 6. Subsections (h) and (i), Section 511.008,
5-21 Government Code, are amended to read as follows:
5-22 (h) The executive director or the executive director's
5-23 designee shall prepare and maintain a written policy statement to
5-24 assure implementation of a program of equal employment opportunity
5-25 under which all personnel transactions are made without regard to
6-1 race, color, disability [handicap], sex, religion, age, or national
6-2 origin. The policy statement must include:
6-3 (1) personnel policies, including policies relating to
6-4 recruitment, evaluation, selection, appointment, training, and
6-5 promotion of personnel, that are in compliance with Chapter 21,
6-6 Labor Code;
6-7 (2) a comprehensive analysis of the commission work
6-8 force that meets federal and state laws, rules, regulations, and
6-9 instructions directly adopted under those laws, rules, or
6-10 regulations [guidelines];
6-11 (3) procedures by which a determination can be made
6-12 about the extent of underuse [significant underutilization] in the
6-13 commission work force of all persons for whom federal or state
6-14 laws, rules, regulations, and instructions directly adopted under
6-15 those laws, rules, or regulations [guidelines] encourage a more
6-16 equitable balance; and
6-17 (4) reasonable methods to appropriately address those
6-18 areas of underuse [significant underutilization].
6-19 (i) A policy statement prepared under Subsection (h) must
6-20 cover an annual period, be updated at least annually and reviewed
6-21 by the Commission on Human Rights for compliance with Subsection
6-22 (h)(1), and be filed with the governor's office.
6-23 SECTION 7. Subsection (a), Section 511.009, Government Code,
6-24 as amended by Chapters 171, 262, and 722, Acts of the 74th
6-25 Legislature, 1995, is amended to read as follows:
7-1 (a) The commission shall:
7-2 (1) adopt reasonable rules and procedures establishing
7-3 minimum standards for the construction, equipment, maintenance, and
7-4 operation of county jails;
7-5 (2) adopt reasonable rules and procedures establishing
7-6 minimum standards for the custody, care, and treatment of
7-7 prisoners;
7-8 (3) adopt reasonable rules establishing minimum
7-9 standards for the number of jail supervisory personnel and for
7-10 programs and services to meet the needs of prisoners;
7-11 (4) adopt reasonable rules and procedures establishing
7-12 minimum requirements for programs of rehabilitation, education, and
7-13 recreation in county jails;
7-14 (5) revise, amend, or change rules and procedures if
7-15 necessary;
7-16 (6) provide to local government officials consultation
7-17 on and technical assistance for county jails;
7-18 (7) review and comment on plans for the construction
7-19 and major modification or renovation of county jails;
7-20 (8) require that the sheriff and commissioners of each
7-21 county submit to the commission, on a form prescribed by the
7-22 commission, an annual report on the conditions in each county jail
7-23 within their jurisdiction, including all information necessary to
7-24 determine compliance with state law, commission orders, and the
7-25 rules adopted under this chapter;
8-1 (9) review the reports submitted under Subdivision (8)
8-2 and require commission employees to inspect county jails regularly
8-3 to ensure compliance with state law, commission orders, and rules
8-4 and procedures adopted under this chapter;
8-5 (10) adopt a classification system to assist sheriffs
8-6 and judges in determining which defendants are low-risk and
8-7 consequently suitable participants in a county jail work release
8-8 program under Article 42.034, Code of Criminal Procedure; [and]
8-9 (11) adopt rules relating to requirements for
8-10 segregation of classes of inmates and to capacities for county
8-11 jails;[.]
8-12 (12) [(11)] require that the chief jailer of each
8-13 municipal lockup submit to the commission, on a form prescribed by
8-14 the commission, an annual report of persons under 17 years of age
8-15 securely detained in the lockup, including all information
8-16 necessary to determine compliance with state law concerning secure
8-17 confinement of children in municipal lockups; [and]
8-18 (13) [(11)] at least annually determine whether each
8-19 county jail is in compliance with the rules and procedures adopted
8-20 under this chapter;[.]
8-21 (14) [(12)] require that the sheriff and commissioners
8-22 court of each county submit to the commission, on a form prescribed
8-23 by the commission, an annual report of persons under 17 years of
8-24 age securely detained in the county jail, including all information
8-25 necessary to determine compliance with state law concerning secure
9-1 confinement of children in county jails; and
9-2 (15) schedule announced and unannounced inspections of
9-3 jails under its jurisdiction based on the jail's history of
9-4 compliance with commission standards and other high-risk factors
9-5 identified by the commission.
9-6 SECTION 8. Subsection (d), Section 511.0091, Government
9-7 Code, is amended to read as follows:
9-8 (d) All money paid to the commission under this chapter is
9-9 subject to Subchapter F, Chapter 404 [The Commission on Jail
9-10 Standards inspection account is established in the General Revenue
9-11 Fund. The commission shall deposit all money collected under this
9-12 section to the credit of the account. Money in the account may be
9-13 used only by the commission for the purpose of reviewing and
9-14 commenting on documents and performing inspections as described by
9-15 Subsection (a)].
9-16 SECTION 9. Chapter 511, Government Code, is amended by
9-17 adding Sections 511.0092 through 511.0096 to read as follows:
9-18 Sec. 511.0092. CONTRACTS FOR OUT-OF-STATE INMATES. (a) The
9-19 only entities other than the state that are authorized to operate a
9-20 correctional facility to house in this state inmates convicted of
9-21 offenses committed against the laws of another state of the United
9-22 States are:
9-23 (1) a county or municipality; and
9-24 (2) a private vendor operating a correctional facility
9-25 under a contract with a county under Subchapter F, Chapter 351,
10-1 Local Government Code, or a municipality under Subchapter E,
10-2 Chapter 361, Local Government Code.
10-3 (b) A county commissioners court or the governing body of a
10-4 municipality may enter into a contract with another state or a
10-5 jurisdiction in another state for the purpose described by
10-6 Subsection (a) only if:
10-7 (1) the county or municipality submits to the
10-8 commission:
10-9 (A) a statement of the custody level capacity
10-10 and availability in the correctional facility that will house the
10-11 inmates; and
10-12 (B) a written plan explaining the procedure to
10-13 be used to coordinate law enforcement activities in response to any
10-14 riot, rebellion, escape, or other emergency situation occurring in
10-15 the facility; and
10-16 (2) the commission:
10-17 (A) inspects the facility and reviews the
10-18 statement and plan submitted under Subdivision (1); and
10-19 (B) after the inspection and review, determines
10-20 that the correctional facility is a proper facility for housing the
10-21 inmates and provides the county or municipality with a copy of that
10-22 determination.
10-23 (c) A private vendor operating a correctional facility in
10-24 this state may not enter into a contract for the purposes of
10-25 Subsection (a) with another state or a jurisdiction in another
11-1 state.
11-2 (d) A contract described by Subsection (b) must provide
11-3 that:
11-4 (1) each correctional facility in which inmates are to
11-5 be housed meets minimum standards established by the commission;
11-6 (2) each inmate to be released from custody must be
11-7 released in the sending state;
11-8 (3) before transferring an inmate, the receiving
11-9 facility shall review for compliance with the commission's
11-10 classification standards:
11-11 (A) all records concerning the sending state's
11-12 classification of the inmate, including records relating to the
11-13 inmate's conduct while confined in the sending state; and
11-14 (B) appropriate medical information concerning
11-15 the inmate, including certification of tuberculosis screening or
11-16 treatment;
11-17 (4) except as provided by Subsection (e), the sending
11-18 state will not transfer and the receiving facility will not accept
11-19 an inmate who has a record of institutional violence involving the
11-20 use of a deadly weapon or a pattern of violence while confined in
11-21 the sending state or a record of escape or attempted escape from
11-22 secure custody;
11-23 (5) the receiving entity will determine the inmate's
11-24 custody level in accordance with commission rules, in order to
11-25 ensure that the custody level assignments for the facility as a
12-1 whole are compatible with the construction security level
12-2 availability in the facility; and
12-3 (6) the receiving facility is entitled to terminate at
12-4 will the contract by providing the sending state with 90 days'
12-5 notice of the intent to terminate the contract.
12-6 (e) The commission may waive the requirement that a contract
12-7 contain the provision described by Subsection (d)(4) if the
12-8 commission determines that the receiving facility is capable of
12-9 confining an inmate described by Subsection (d)(4).
12-10 (f) A county, municipality, or private vendor operating
12-11 under a contract described by Subsection (b) shall:
12-12 (1) send a copy of the contract to the commission;
12-13 (2) require all employees at the facility to maintain
12-14 certification as required by the Commission on Law Enforcement
12-15 Officer Standards and Education;
12-16 (3) submit to inspections by the commission; and
12-17 (4) immediately notify the commission of any riot,
12-18 rebellion, escape, or other emergency situation occurring at the
12-19 facility.
12-20 (g) The commission may require the sending state or an
12-21 entity described in Subsection (a) to reimburse the state for any
12-22 cost incurred by a state agency in responding to any riot,
12-23 rebellion, escape, or other emergency situation occurring at the
12-24 facility.
12-25 (h) Notwithstanding the provisions of Chapter 252, Chapter
13-1 262, Subchapter F, Chapter 351, or Subchapter E, Chapter 361, Local
13-2 Government Code, the governing body of a municipality or a county
13-3 commissioners court may enter into a contract with a private vendor
13-4 to provide professional services under this section if the
13-5 commission reviews and approves the private vendor's qualifications
13-6 to provide such services and the terms of the proposed contract
13-7 comply with this section.
13-8 (i) The Private Investigators and Private Security Agencies
13-9 Act (Article 4413(29bb), Vernon's Texas Civil Statutes) does not
13-10 apply to an employee of a facility in the actual discharge of
13-11 duties as an employee of the facility if the employee is required
13-12 by Subsection (f)(2) or by Section 415.0541 to maintain
13-13 certification from the Commission on Law Enforcement Officer
13-14 Standards and Education.
13-15 Sec. 511.0093. RULES AND FEES RELATED TO OUT-OF-STATE
13-16 INMATES. (a) The commission may impose a fee on a private vendor
13-17 that operates a correctional facility housing prisoners from
13-18 jurisdictions other than this state. The fee must reasonably
13-19 compensate the commission for the cost of regulating and providing
13-20 technical assistance to the facility.
13-21 (b) The commission may adopt rules regulating the number of
13-22 federal prisoners and prisoners from jurisdictions other than Texas
13-23 that are housed in a county jail, a municipal jail, or a
13-24 correctional facility operated by a private vendor under contract
13-25 with a municipality if the jail or correctional facility houses
14-1 state, county, or municipal prisoners or prisoners of another state
14-2 of the United States.
14-3 (c) The commission may adopt other rules regulating jails or
14-4 correctional facilities described by Subsection (b) as necessary to
14-5 protect the health and safety of prisoners described by Subsection
14-6 (b), local and Texas prisoners, jail personnel, and the public.
14-7 Sec. 511.0094. EXCLUSION OF JAILS OR CORRECTIONAL FACILITIES
14-8 HOUSING ONLY FEDERAL PRISONERS. The provisions of this chapter do
14-9 not apply to a correctional facility, other than a county jail,
14-10 contracting to house only federal prisoners and operating pursuant
14-11 to a contract between a unit of the federal government and a
14-12 county, a municipality, or a private vendor. If a county,
14-13 municipality, or private vendor contracts to house or begins to
14-14 house state, county, or municipal prisoners or prisoners of another
14-15 state of the United States, it shall report to the commission
14-16 before placing such inmates in a correctional facility housing only
14-17 federal prisoners.
14-18 Sec. 511.0095. AUTHORITY TO HOUSE OUT-OF-STATE INMATES.
14-19 Nothing in this chapter shall be construed to limit the authority
14-20 of the state granted under Article 42.19, Code of Criminal
14-21 Procedure, or other applicable law to house in this state inmates
14-22 convicted of offenses committed against the laws of another state
14-23 of the United States.
14-24 Sec. 511.0096. TERMINATION OF CONTRACTS FOR OUT-OF-STATE
14-25 INMATES. The commission may require the receiving facility to
15-1 terminate a contract under Section 511.0092(d)(6), if the
15-2 commission determines that the receiving facility is needed to
15-3 house inmates convicted of offenses against the laws of the state
15-4 and funds have been appropriated by the state to compensate the
15-5 receiving facility for the incarceration of the inmates.
15-6 SECTION 10. Subsection (e), Section 351.043, Local
15-7 Government Code, is repealed.
15-8 SECTION 11. The changes in law made by this Act in the
15-9 qualifications of members of the Commission on Jail Standards do
15-10 not affect the entitlement of a member serving on the commission
15-11 immediately before September 1, 1997, to continue to carry out the
15-12 functions of the commission for the remainder of the member's term.
15-13 The changes in law apply only to a member appointed on or after
15-14 September 1, 1997. This Act does not prohibit a person who is a
15-15 member of the commission on September 1, 1997, from being
15-16 reappointed to the commission if the person has the qualifications
15-17 required for a member under Chapter 511, Government Code, as
15-18 amended by this Act.
15-19 SECTION 12. This Act takes effect September 1, 1997.
15-20 SECTION 13. The importance of this legislation and the
15-21 crowded condition of the calendars in both houses create an
15-22 emergency and an imperative public necessity that the
15-23 constitutional rule requiring bills to be read on three several
15-24 days in each house be suspended, and this rule is hereby suspended.
S.B. No. 367
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 367 passed the Senate on
April 21, 1997, by a viva-voce vote; and that the Senate concurred
in House amendment on May 10, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 367 passed the House, with
amendment, on May 7, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor