1-1 By: Ramsay (Senate Sponsor - Shapiro) H.B. No. 2469
1-2 (In the Senate - Received from the House April 19, 1999;
1-3 April 20, 1999, read first time and referred to Committee on
1-4 Criminal Justice; May 14, 1999, reported favorably by the following
1-5 vote: Yeas 7, Nays 0; May 14, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to facilities requirements for county jails.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Sections 351.007(a) and (b), Local Government
1-11 Code, are amended to read as follows:
1-12 (a) A county jail cell designed for one person only must
1-13 have a clear floor area of 40 square feet or more.
1-14 (b) Any other housing area [cell, compartment, dormitory,]
1-15 or day room in a county jail[, including a safety vestibule,] must
1-16 have a clear floor area of 18 square feet or more for each prisoner
1-17 to be confined in the area or room.
1-18 SECTION 2. Section 351.011(b), Local Government Code, is
1-19 amended to read as follows:
1-20 (b) A housing area [county jail cell, compartment, or
1-21 dormitory] designed for three or more prisoners must have one
1-22 toilet and one combination sink and drinking fountain for every
1-23 eight [12] prisoners to be confined in the area [room].
1-24 SECTION 3. Section 351.012(a), Local Government Code, is
1-25 amended to read as follows:
1-26 (a) A day room designed in a county jail for three or more
1-27 prisoners must have:
1-28 (1) for every eight prisoners to be confined in the
1-29 room, one toilet and [,] one combination sink and drinking
1-30 fountain;[,] and
1-31 (2) [one shower] for every 12 prisoners to be
1-32 confined in the room, one shower.
1-33 SECTION 4. Section 351.014(d), Local Government Code, is
1-34 amended to read as follows:
1-35 (d) A person held under this section shall be kept in a
1-36 special enclosure or room for that purpose. The special enclosure
1-37 or room must have:
1-38 (1) a clear floor area of 40 square feet or more;
1-39 (2) a ceiling height above the floor of eight feet or
1-40 more; and
1-41 (3) a soft covering on the floor and walls, designed
1-42 to protect a violent person from self-injury or destruction[; and]
1-43 [(4) one hammock made of an elastic or fibrous
1-44 material that is not less than two feet, three inches wide and six
1-45 feet, three inches long].
1-46 SECTION 5. Section 351.101, Local Government Code, is
1-47 amended to read as follows:
1-48 Sec. 351.101. AUTHORITY TO CONTRACT. The commissioners
1-49 court of a county, with the approval of the sheriff of the county,
1-50 may contract with a private organization to place [low-risk county]
1-51 inmates in a detention facility operated by the organization. The
1-52 commissioners court may not contract with a private organization in
1-53 which a member of the court or an elected or appointed peace
1-54 officer who serves in the county has a financial interest or in
1-55 which an employee or commissioner of the Commission on Jail
1-56 Standards has a financial interest. A contract made in violation
1-57 of this section is void.
1-58 SECTION 6. The change in law made by this Act applies only
1-59 to a county jail on which the initial construction was begun after
1-60 December 23, 1976. A county jail on which the initial construction
1-61 was begun on or before December 23, 1976, is covered by the law in
1-62 effect immediately before the effective date of this Act, and the
1-63 former law is continued in effect for that purpose.
1-64 SECTION 7. This Act takes effect September 1, 1999.
2-1 SECTION 8. The importance of this legislation and the
2-2 crowded condition of the calendars in both houses create an
2-3 emergency and an imperative public necessity that the
2-4 constitutional rule requiring bills to be read on three several
2-5 days in each house be suspended, and this rule is hereby suspended.
2-6 * * * * *