By Hodge                                              H.B. No. 3509
         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 the provision of visitation facilities by the Texas
 1-3     Department of Criminal Justice and to The Role of the Family in
 1-4     Reducing Recidivism Advisory Committee.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Subchapter G. Corrections, Chapter 501.010,
 1-7     Visitors, of the General Statutes, shall be amended as follows:
 1-8           (b)  The institutional division shall provide adequate and
 1-9     appropriate facilities for non-contact and contact visitation at
1-10     each unit where inmates eligible for visitation are housed, and is
1-11     hereby authorized to expend funds from the appropriation for prison
1-12     construction and renovation for this purpose.
1-13           Subsections (b) and (c) shall be renumbered as Subsections
1-14     (c) and (d) respectively.
1-15           (c)  The institutional division shall have a uniform
1-16     visitation policy, approved by the Board of Criminal Justice, that
1-17     allows eligible inmates housed in facilities operated by the
1-18     division, [other than state jails,] to receive visitors.  The
1-19     institutional division shall require each warden in the division
1-20     to:
1-21                 (1)  apply the policy to the unit under the warden's
1-22     control;
1-23                 (2)  prominently display copies of the policy in
 2-1     locations in the unit that are accessible to inmates [or] and
 2-2     visitors, including but not limited to the visitors' waiting room
 2-3     or area; and,
 2-4                 (3)  [if requested,] provide visitors with copies of
 2-5     the policy.
 2-6           (d)  At the end of each [biennium,] fiscal year, each warden
 2-7     in the institutional division shall report to the director of the
 2-8     division on the manner in which the policy has affected visitation
 2-9     at the warden's unit during the preceding [two years,] year, such
2-10     reports being public records.
2-11           (e)  The Director of the Institutional Division shall report
2-12     to the Board of Criminal Justice annually the number of visitations
2-13     that have taken place at each unit of the division, and on the
2-14     adequacy and appropriateness of the visitation facilities at each
2-15     unit.
2-16           SECTION 2.  Subchapter G, Corrections, Section 501.11, Family
2-17     Advisory Committee, shall be amended as follows:
2-18           Subsection (a) shall be amended by substituting the following
2-19     new Subsection:
2-20           (a)  A Family Advisory Committee shall be established in the
2-21     Texas Department of Criminal Justice, and shall include the
2-22     following persons:  A representative of the Department's
2-23     institutional division, a representative of the Department's state
2-24     jail division, a representative of the Board of Pardons and
2-25     Paroles, a representative of the Texas Youth Commission's Community
2-26     Services Division, a representative of the attorney general, two
 3-1     members appointed by the governor, two members appointed by the
 3-2     lieutenant governor, and two members appointed by the speaker of
 3-3     the Texas House of Representatives.  Each appointed member must be
 3-4     a citizen of the state, and preference shall be given to appointees
 3-5     who are or have been family members of inmates or of juveniles
 3-6     detained by the Texas Youth Commission.  The members of the
 3-7     Committee, whether assigned by an agency or appointed by an
 3-8     officer, shall serve an indefinite term.  The Committee shall meet
 3-9     at the call of the Chairman not less than twice each year.
3-10           (b)  The Chairman of the Board of Criminal Justice shall
3-11     appoint the chairman of the Family Advisory Committee, who shall
3-12     serve a term of one year from the date of appointment.
3-13           (c)  The Texas Department of Criminal Justice shall provide
3-14     facilities for the meetings of the Committee and shall be the
3-15     repository for the records of the Committee's meetings, reports,
3-16     and other acts.
3-17           (Original subsections (b) and (g) were previously repealed.)
3-18           [(h)] (d)  The advisory committee shall make studies of and
3-19     make recommendations to the department and to the legislature
3-20     relating to:
3-21                 (1)  visitation policies in facilities operated by the
3-22     department;
3-23                 (2)  the availability and effectiveness of
3-24     rehabilitation programs in facilities operated by the department;
3-25                 (3)  the [efficiency] efficacy of educational and
3-26     vocational programs in facilities operated by the department;
 4-1                 (4)  special problems faced by inmates with children;
 4-2                 (5)  the special needs of indigent inmates and those
 4-3     suffering from mental illness or having a substantial degree of
 4-4     mental retardation;
 4-5                 (6)  policies and laws relating to the distribution of
 4-6     release money to inmates, and
 4-7                 (7)  other issues of special interest to families with
 4-8     a [relative] member housed in a facilities operated by the
 4-9     department or the Texas Youth Commission.
4-10           SECTION 3.  Subchapter G, Corrections, Section 501.012,
4-11     Family Liaison Officer, shall be amended as follows:
4-12           Subsection (2) shall be amended by striking the work "and" at
4-13     the end of the subsection.
4-14           Subsection (3) shall be amended by adding the work "and" at
4-15     the end of the subsection.
4-16           A new Subsection (4) shall be added as follows:
4-17           (4)  be present or readily available in the unit's visitation
4-18     facilities on each day when visitation is permitted.
4-19           SECTION 4.  The provisions of this Act shall take effect on
4-20     September 1, 2001.