By Williams H.B. No. 3409 Line and page numbers may not match official copy. Bill not drafted by TLC or Senate E&E. A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to jail capacity standards. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Chapter 2, Art.2.18 Code of Criminal Procedure, 1-5 is amended to read as follows: 1-6 Art.2.18 CUSTODY OF PRISONERS. (a) When a prisoner is 1-7 committed to jail by warrant from a magistrate or court, he shall 1-8 be placed in jail by the sheriff. It is a violation of duty on the 1-9 part of any sheriff to permit a defendant so committed to remain 1-10 out of jail, except that he may, when a defendant is committed for 1-11 want of bail, or when he arrests in a bailable case, give the 1-12 person arrested a reasonable time to procure bail; but he shall so 1-13 guard the accused as to prevent escape. 1-14 (b) If a county jail reaches 85 percent capacity, a county 1-15 sheriff may employ alternative detention methods as approved by the 1-16 Commissioners Court. 1-17 (c) In determining the alternative methods under subsection 1-18 (b), a commissioners court shall consider the following factors: 1-19 cost effectiveness and the health and safety of the inmates and the 1-20 community. 1-21 (d) The Commission on Jail Standards may not assess a fine 2-1 against a county or a county sheriff if methods employed under 2-2 subsection (b) meet the criteria established by subsection (c). 2-3 SECTION 2. This Act takes effect September 1, 1999. 2-4 SECTION 3. The importance of this legislation and the 2-5 crowded condition of the calendars in both houses create an 2-6 emergency and an imperative public necessity that the 2-7 constitutional rule requiring bills to be read on three several 2-8 days in each house be suspended, and this rule hereby suspended.