H.B. 178 78(R)    BILL ANALYSIS


H.B. 178
By: Ellis
Corrections
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Currently, certain governmental employees who supervise inmates and
offenders are provided immunity from being liable for injuries, accidents,
and other acts that occur to or occur as a result of an inmate or offender
while in the process of being supervised.  The list of employees who are
given immunity includes most positions that are involved in offender
program supervision except county attorneys, district judges, district
attorneys, and criminal district attorneys.  H.B. 178 grants these
employees immunity as well so that while performing job-related
activities, these individuals cannot be held responsible for any
occurrences involving the inmate or offender.   

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 


ANALYSIS

H.B.178 amends Article 42.20 (c), Code of Criminal Procedure, to include
county attorneys, district judges, district attorneys, and criminal
district attorneys in the list of individuals and governmental entities
who are granted immunity in Article 42.20 for an act or failure to act by
the individual or governmental entity in connection with a community
service program or work program or in connection with an inmate, offender,
or releasee programmatic or nonprogrammatic activity, including work,
educational, and treatment activities, if the act or failure to act: was
performed pursuant to a court order or was otherwise performed in an
official capacity; and  was not performed with conscious indifference for
the safety of others. 


EFFECTIVE DATE

September 1, 2003.