HBA-MPA, NLM H.B. 2846 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2846
By: Brimer
County Affairs
7/13/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, county sheriffs had the exclusive authority
to operate a commissary for the use of prisoners of the county jail.
According to a 1991 attorney general opinion (DM-67), county commissioners
courts are prohibited from interfering with a sheriff's exercise of
discretion in contracting under Section 351.0415 (Commissary Operation by
Sheriff), Local Government Code. However, commissioners courts were
authorized to order the county auditor to examine jail commissary accounts
more than once a year.  

H.B. 2846 requires the sheriff of a county containing two or more
municipalities each with a population of 250,000 or more to provide the
commissioners court of the county with each contract the sheriff makes
under this section relating to the commissary.  This bill requires the
sheriff to provide the contract within 10 days after the date the contract
is made. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 351.0415, Local Government Code, by adding
Subsection (e), as follows: 

(e)  Requires the sheriff of a county containing two or more municipalities
each with a population of 250,000 or more to provide the commissioners
court of the county each contract the sheriff makes under this section
relating to the county jail commissary.  Requires the sheriff to provide
the contract within 10 days after the date the contract is made. 

SECTION 2.Makes application of this Act prospective.

SECTION 3.  Emergency clause.
  Effective date: 90 days after adjournment.