1-1     By:  Brown, Whitmire                                   S.B. No. 367

 1-2           (In the Senate - Filed March 10, 1997; March 13, 1997, read

 1-3     first time and referred to Committee on Criminal Justice;

 1-4     April 16, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 6, Nays 0; April 16, 1997,

 1-6     sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 367                 By:  Whitmire

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to the continuation and functions of the Commission on

1-11     Jail Standards.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  Section 511.001, Government Code, is amended to

1-14     read as follows:

1-15           Sec. 511.001.  DEFINITIONS.  In this chapter:

1-16                 (1)  "Commission" means the Commission on Jail

1-17     Standards.

1-18                 (2)  "Correctional facility" means a facility operated

1-19     by a county, a municipality, or a private vendor for the

1-20     confinement of a person arrested for, charged with, or convicted of

1-21     a criminal offense.

1-22                 (3)  "County jail" means a facility operated by or for

1-23     a county for the confinement of persons accused or convicted of an

1-24     offense.

1-25                 (4) [(3)]  "Executive director" means the executive

1-26     director of the commission.

1-27                 (5)  "Federal prisoner" means a person arrested for,

1-28     charged with, or convicted of a violation of a federal law.

1-29                 (6)  "Inmate" means a person arrested for, charged

1-30     with, or convicted of a criminal offense of this state or another

1-31     state of the United States and confined in a county jail, a

1-32     municipal jail, or a correctional facility operated by a county, a

1-33     municipality, or a private vendor.

1-34                 (7) [(4)]  "Prisoner" means a person confined in a

1-35     county jail.

1-36           SECTION 2.  Section 511.003, Government Code, is amended to

1-37     read as follows:

1-38           Sec. 511.003.  SUNSET PROVISION. The Commission on Jail

1-39     Standards is subject to Chapter 325 (Texas Sunset Act).  Unless

1-40     continued in existence as provided by that chapter, the commission

1-41     is abolished and this chapter expires September 1, 2009 [1997].

1-42           SECTION 3.  Section 511.004, Government Code, is amended by

1-43     amending Subsections (a) and (f) and adding Subsections (g) and (h)

1-44     to read as follows:

1-45           (a)  The commission consists of nine members appointed by the

1-46     governor with the advice and consent of the senate.  One member

1-47     must be a sheriff of a county with a population of more than

1-48     35,000, one must be a sheriff of a county with a population of

1-49     35,000 or less, one must be a county judge, one must be a county

1-50     commissioner, one must be a practitioner of medicine licensed by

1-51     the Texas State Board of Medical Examiners, and the other four must

1-52     be representatives of the general public [citizens of this state

1-53     who do not hold another public office].  At least one of the four

1-54     citizen members must be from a county with a population of 35,000

1-55     or less.

1-56           (f)  Appointments to the commission shall be made without

1-57     regard to the race, color, disability [handicap], sex, religion,

1-58     age, or national origin of the appointees.

1-59           (g)  A person is not eligible for appointment as a public

1-60     member of the commission if the person or the person's spouse:

1-61                 (1)  is registered, certified, or licensed by an

1-62     occupational regulatory agency in the field of law enforcement;

1-63                 (2)  is employed by or participates in the management

1-64     of a business entity, county jail, or other organization regulated

 2-1     by the commission or receiving funds from the commission;

 2-2                 (3)  owns or controls, directly or indirectly, more

 2-3     than a 10 percent interest in a business entity or other

 2-4     organization regulated by the commission or receiving funds from

 2-5     the commission; or

 2-6                 (4)  uses or receives a substantial amount of tangible

 2-7     goods, services, or funds from the commission, other than

 2-8     compensation or reimbursement authorized by law for commission

 2-9     membership, attendance, or expenses.

2-10           (h)  Before a member of the commission may assume the

2-11     member's duties and before the member may be confirmed by the

2-12     senate, the member must complete at least one course of a training

2-13     program that provides information to the member regarding:

2-14                 (1)  the enabling legislation that created the

2-15     commission;

2-16                 (2)  the programs operated by the commission;

2-17                 (3)  the role and functions of the commission;

2-18                 (4)  the rules of the commission with an emphasis on

2-19     the rules that relate to disciplinary and investigatory authority;

2-20                 (5)  the current budget for the commission;

2-21                 (6)  the results of the most recent formal audit of the

2-22     commission;

2-23                 (7)  the requirements of the:

2-24                       (A)  open meetings law, Chapter 551;

2-25                       (B)  open records law, Chapter 552; and

2-26                       (C)  administrative procedure law, Chapter 2001;

2-27                 (8)  the requirements of the conflict of interest laws

2-28     and other laws relating to public officials; and

2-29                 (9)  any applicable ethics policies adopted by the

2-30     commission or the Texas Ethics Commission.

2-31           SECTION 4.  Subsection (c), Section 511.0041, Government

2-32     Code, is amended to read as follows:

2-33           (c)  If the executive director has knowledge that a potential

2-34     ground for removal exists, the executive director shall notify the

2-35     presiding officer of the commission of the ground. The presiding

2-36     officer shall then notify the governor and the attorney general

2-37     that a potential ground for removal exists.  If the potential

2-38     ground for removal involves the presiding officer, the executive

2-39     director shall notify the next highest ranking officer of the

2-40     commission, who shall notify the governor and the attorney general

2-41     that a potential ground for removal exists.

2-42           SECTION 5.  Section 511.0071, Government Code, is amended by

2-43     adding Subsection (f) to read as follows:

2-44           (f)  The commission shall collect and maintain information

2-45     about each complaint received by the commission, including:

2-46                 (1)  the date the complaint is received;

2-47                 (2)  the name of the complainant;

2-48                 (3)  the subject matter of the complaint;

2-49                 (4)  a record of all persons contacted in relation to

2-50     the complaint;

2-51                 (5)  a summary of the results of the review or

2-52     investigation of the complaint; and

2-53                 (6)  for a complaint for which the agency took no

2-54     action, an explanation of the reason the complaint was closed

2-55     without action.

2-56           SECTION 6.  Subsections (h) and (i), Section 511.008,

2-57     Government Code, are amended to read as follows:

2-58           (h)  The executive director or the executive director's

2-59     designee shall prepare and maintain a written policy statement to

2-60     assure implementation of a program of equal employment opportunity

2-61     under which all personnel transactions are made without regard to

2-62     race, color, disability [handicap], sex, religion, age, or national

2-63     origin.  The policy statement must include:

2-64                 (1)  personnel policies, including policies relating to

2-65     recruitment, evaluation, selection, appointment, training, and

2-66     promotion of personnel, that are in compliance with Chapter 21,

2-67     Labor Code;

2-68                 (2)  a comprehensive analysis of the commission work

2-69     force that meets federal and state guidelines;

 3-1                 (3)  procedures by which a determination can be made

 3-2     about the extent of underuse [significant underutilization] in the

 3-3     commission work force of all persons for whom federal or state

 3-4     guidelines encourage a more equitable balance; and

 3-5                 (4)  reasonable methods to appropriately address those

 3-6     areas of underuse [significant underutilization].

 3-7           (i)  A policy statement prepared under Subsection (h) must

 3-8     cover an annual period, be updated at least annually and reviewed

 3-9     by the Commission on Human Rights for compliance with Subsection

3-10     (h)(1), and be filed with the governor's office.

3-11           SECTION 7.  Subsection (a), Section 511.009, Government Code,

3-12     as amended by Chapters 171, 262, and 722, Acts of the 74th

3-13     Legislature, 1995, is amended to read as follows:

3-14           (a)  The commission shall:

3-15                 (1)  adopt reasonable rules and procedures establishing

3-16     minimum standards for the construction, equipment, maintenance, and

3-17     operation of county jails;

3-18                 (2)  adopt reasonable rules and procedures establishing

3-19     minimum standards for the custody, care, and treatment of

3-20     prisoners;

3-21                 (3)  adopt reasonable rules establishing minimum

3-22     standards for the number of jail supervisory personnel and for

3-23     programs and services to meet the needs of prisoners;

3-24                 (4)  adopt reasonable rules and procedures establishing

3-25     minimum requirements for programs of rehabilitation, education, and

3-26     recreation in county jails;

3-27                 (5)  revise, amend, or change rules and procedures if

3-28     necessary;

3-29                 (6)  provide to local government officials consultation

3-30     on and technical assistance for county jails;

3-31                 (7)  review and comment on plans for the construction

3-32     and major modification or renovation of county jails;

3-33                 (8)  require that the sheriff and commissioners of each

3-34     county submit to the commission, on a form prescribed by the

3-35     commission, an annual report on the conditions in each county jail

3-36     within their jurisdiction, including all information necessary to

3-37     determine compliance with state law, commission orders, and the

3-38     rules adopted under this chapter;

3-39                 (9)  review the reports submitted under Subdivision (8)

3-40     and require commission employees to inspect county jails regularly

3-41     to ensure compliance with state law, commission orders, and rules

3-42     and procedures adopted under this chapter;

3-43                 (10)  adopt a classification system to assist sheriffs

3-44     and judges in determining which defendants are low-risk and

3-45     consequently suitable participants in a county jail work release

3-46     program under Article 42.034, Code of Criminal Procedure; [and]

3-47                 (11)  adopt rules relating to requirements for

3-48     segregation of classes of inmates and to capacities for county

3-49     jails;[.]

3-50                 (12) [(11)]  require that the chief jailer of each

3-51     municipal lockup submit to the commission, on a form prescribed by

3-52     the commission, an annual report of persons under 17 years of age

3-53     securely detained in the lockup, including all information

3-54     necessary to determine compliance with state law concerning secure

3-55     confinement of children in municipal lockups; [and]

3-56                 (13) [(11)]  at least annually determine whether each

3-57     county jail is in compliance with the rules and procedures adopted

3-58     under this chapter;[.]

3-59                 (14) [(12)]  require that the sheriff and commissioners

3-60     court of each county submit to the commission, on a form prescribed

3-61     by the commission, an annual report of persons under 17 years of

3-62     age securely detained in the county jail, including all information

3-63     necessary to determine compliance with state law concerning secure

3-64     confinement of children in county jails; and

3-65                 (15)  schedule announced and unannounced inspections of

3-66     jails under its jurisdiction based on the jail's history of

3-67     compliance with commission standards and other high-risk factors

3-68     identified by the commission.

3-69           SECTION 8.  Subsection (d), Section 511.0091, Government

 4-1     Code, is amended to read as follows:

 4-2           (d)  All money paid to the commission under this chapter is

 4-3     subject to Subchapter F, Chapter 404 [The Commission on Jail

 4-4     Standards inspection account is established in the General Revenue

 4-5     Fund.  The commission shall deposit all money collected under this

 4-6     section to the credit of the account.  Money in the account may be

 4-7     used only by the commission for the purpose of reviewing and

 4-8     commenting on documents and performing inspections as described by

 4-9     Subsection (a)].

4-10           SECTION 9.  Chapter 511, Government Code, is amended by

4-11     adding Sections 511.0092 through 511.0096 to read as follows:

4-12           Sec. 511.0092.  CONTRACTS FOR OUT-OF-STATE INMATES.  (a)  The

4-13     only entities other than the state that are authorized to operate a

4-14     correctional facility to house in this state inmates convicted of

4-15     offenses committed against the laws of another state of the United

4-16     States are:

4-17                 (1)  a county or municipality; and

4-18                 (2)  a private vendor operating a correctional facility

4-19     under a contract with a county under Subchapter F, Chapter 351,

4-20     Local Government Code, or a municipality under Subchapter E,

4-21     Chapter 361, Local Government Code.

4-22           (b)  A county commissioners court or the governing body of a

4-23     municipality may enter into a contract with another state or a

4-24     jurisdiction in another state for the purpose described by

4-25     Subsection (a) only if:

4-26                 (1)  the county or municipality submits to the

4-27     commission:

4-28                       (A)  a statement of the custody level capacity

4-29     and availability in the correctional facility that will house the

4-30     inmates; and

4-31                       (B)  a written plan explaining the procedure to

4-32     be used to coordinate law enforcement activities in response to any

4-33     riot, rebellion, escape, or other emergency situation occurring in

4-34     the facility; and

4-35                 (2)  the commission:

4-36                       (A)  inspects the facility and reviews the

4-37     statement and plan submitted under Subdivision (1); and

4-38                       (B)  after the inspection and review, determines

4-39     that the correctional facility is a proper facility for housing the

4-40     inmates and provides the county or municipality with a copy of that

4-41     determination.

4-42           (c)  A private vendor operating a correctional facility in

4-43     this state may not enter into a contract for the purposes of

4-44     Subsection (a) with another state or a jurisdiction in another

4-45     state.

4-46           (d)  A contract described by Subsection (b) must provide

4-47     that:

4-48                 (1)  each correctional facility in which inmates are to

4-49     be housed meets minimum standards established by the commission;

4-50                 (2)  each inmate to be released from custody must be

4-51     released in the sending state;

4-52                 (3)  before transferring an inmate, the receiving

4-53     facility shall review for compliance with the commission's

4-54     classification standards:

4-55                       (A)  all records concerning the sending state's

4-56     classification of the inmate, including records relating to the

4-57     inmate's conduct while confined in the sending state; and

4-58                       (B)  appropriate medical information concerning

4-59     the inmate, including certification of tuberculosis screening or

4-60     treatment;

4-61                 (4)  except as provided by Subsection (e), the sending

4-62     state will not transfer and the receiving facility will not accept

4-63     an inmate who has a record of institutional violence involving the

4-64     use of a deadly weapon or a pattern of violence while confined in

4-65     the sending state or a record of escape or attempted escape from

4-66     secure custody;

4-67                 (5)  the receiving entity will determine the inmate's

4-68     custody level in accordance with commission rules, in order to

4-69     ensure that the custody level assignments for the facility as a

 5-1     whole are compatible with the construction security level

 5-2     availability in the facility; and

 5-3                 (6)  the receiving facility is entitled to terminate at

 5-4     will the contract by providing the sending state with 90 days'

 5-5     notice of the intent to terminate the contract.

 5-6           (e)  The commission may waive the requirement that a contract

 5-7     contain the provision described by Subsection (d)(4) if the

 5-8     commission determines that the receiving facility is capable of

 5-9     confining an inmate described by Subsection (d)(4).

5-10           (f)  A county, municipality, or private vendor operating

5-11     under a contract described by Subsection (b) shall:

5-12                 (1)  send a copy of the contract to the commission;

5-13                 (2)  require all employees at the facility to maintain

5-14     certification as required by the Commission on Law Enforcement

5-15     Officer Standards and Education;

5-16                 (3)  submit to inspections by the commission; and

5-17                 (4)  immediately notify the commission of any riot,

5-18     rebellion, escape, or other emergency situation occurring at the

5-19     facility.

5-20           (g)  The commission may require the sending state or an

5-21     entity described in Subsection (a) to reimburse the state for any

5-22     cost incurred by a state agency in responding to any riot,

5-23     rebellion, escape, or other emergency situation occurring at the

5-24     facility.

5-25           (h)  Notwithstanding the provisions of Chapter 252, Chapter

5-26     262, Subchapter F, Chapter 351, or Subchapter E, Chapter 361, Local

5-27     Government Code, the governing body of a municipality or a county

5-28     commissioners court may enter into a contract with a private vendor

5-29     to provide professional services under this section if the

5-30     commission reviews and approves the private vendor's qualifications

5-31     to provide such services and the terms of the proposed contract

5-32     comply with this section.

5-33           Sec. 511.0093.  RULES AND FEES  RELATED TO OUT-OF-STATE

5-34     INMATES.  (a)  The commission may impose a fee on a private vendor

5-35     that operates a correctional facility housing prisoners from

5-36     jurisdictions other than this state.  The fee must reasonably

5-37     compensate the commission for the cost of regulating and providing

5-38     technical assistance to the facility.

5-39           (b)  The commission may adopt rules regulating the number of

5-40     federal prisoners and prisoners from jurisdictions other than Texas

5-41     that are housed in a county jail, a municipal jail, or a

5-42     correctional facility operated by a private vendor under contract

5-43     with a municipality if the jail or correctional facility houses

5-44     state, county, or municipal prisoners or prisoners of another state

5-45     of the United States.

5-46           (c)  The commission may adopt other rules regulating jails or

5-47     correctional facilities described by Subsection (b) as necessary to

5-48     protect the health and safety of prisoners described by Subsection

5-49     (b), local and Texas prisoners, jail personnel, and the public.

5-50           Sec. 511.0094.  EXCLUSION OF JAILS OR CORRECTIONAL FACILITIES

5-51     HOUSING ONLY FEDERAL PRISONERS.  The provisions of this chapter do

5-52     not apply to a correctional facility, other than a county jail,

5-53     contracting to house only federal prisoners and operating pursuant

5-54     to a contract between a unit of the federal government and a

5-55     county, a municipality, or a private vendor.  If a county,

5-56     municipality, or private vendor contracts to house or begins to

5-57     house state, county, or municipal prisoners or prisoners of another

5-58     state of the United States, it shall report to the commission

5-59     before placing such inmates in a correctional facility housing only

5-60     federal prisoners.

5-61           Sec. 511.0095.  AUTHORITY TO HOUSE OUT-OF-STATE INMATES.

5-62     Nothing in this chapter shall be construed to limit the authority

5-63     of the state granted under Article 42.19, Code of Criminal

5-64     Procedure, or other applicable law to house in this state inmates

5-65     convicted of offenses committed against the laws of another state

5-66     of the United States.

5-67           Sec. 511.0096.  TERMINATION OF CONTRACTS FOR OUT-OF-STATE

5-68     INMATES.  The commission may require the receiving facility to

5-69     terminate a contract under Section 511.0092(d)(6), if the

 6-1     commission determines that the receiving facility is needed to

 6-2     house inmates convicted of offenses against the laws of the state

 6-3     and funds have been appropriated by the state to compensate the

 6-4     receiving facility for the incarceration of the inmates.

 6-5           SECTION 10.  Subsection (e), Section 351.043, Local

 6-6     Government Code, is repealed.

 6-7           SECTION 11.  The changes in law made by this Act in the

 6-8     qualifications of members of the Commission on Jail Standards do

 6-9     not affect the entitlement of a member serving on the commission

6-10     immediately before September 1, 1997, to continue to carry out the

6-11     functions of the commission for the remainder of the member's term.

6-12     The changes in law apply only to a member appointed on or after

6-13     September 1, 1997.  This Act does not prohibit a person who is a

6-14     member of the commission on September 1, 1997, from being

6-15     reappointed to the commission if the person has the qualifications

6-16     required for a member under Chapter 511, Government Code, as

6-17     amended by this Act.

6-18           SECTION 12.  This Act takes effect September 1, 1997.

6-19           SECTION 13.  The importance of this legislation and the

6-20     crowded condition of the calendars in both houses create an

6-21     emergency and an imperative public necessity that the

6-22     constitutional rule requiring bills to be read on three several

6-23     days in each house be suspended, and this rule is hereby suspended.

6-24                                  * * * * *