SRC-TAG H.B. 2071 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 2071
78R6672 GWK-FBy: Pitts (Averitt)
Criminal Justice
5/10/2003
Engrossed


DIGEST AND PURPOSE 


The Texas Commission on Jail Standards is charged by state law with
adopting and enforcing standards for the safe and efficient operation of
county jails.  Occasionally, a facility will be determined to be out of
compliance because of minor deviations from the established standards.
Many times these minor shortcomings are the result of architectural
anomalies attributed to facilities built before the current standards were
adopted or minor construction deficiencies that have no impact on the
safe, sanitary and healthy operation of a jail facility.  When these
conditions arise, the Attorney General has ruled that it is uncertain that
the Jail Standards Commission may grant a variance that is valid for the
life of these facilities so, consequently, these variances are granted for
only one year at a time.  The annual application for these minor variances
is time consuming and causes uncertainty for counties when they are
planning for future detention facility need.  H.B. 2071 provides the Texas
Commission on Jail Standards with the unquestioned authority to grant
reasonable variance that may last for the life of a facility if the
variances are clearly justified by the facts and will allow for the
healthy, sanitary, and safe operation of a jail facility. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 511.009, Government Code, by adding Subsection
(c), to authorize the Commission on Jail Standards (commission), at any
time and on the application of the county commissioners or sheriff, to
grant reasonable variances, including variances that are to last for the
life of a facility, clearly justified by the facts, for operation of a
facility not in strict compliance with state law.  Prohibits a variance
from permitting unhealthy, unsanitary, or unsafe conditions. 

SECTION 2.  Amends Section 511.012(a), Government Code, to delete text
authorizing the commission, on application of the county commissioners or
sheriff, to grant reasonable variances to operate a county jails that
fails to meet the full compliance requirements.   Deletes text prohibiting
a variance from permitting an unhealthily, unsanitary, or unsafe
condition.  

SECTION 3.  Effective date: upon passage or September 1, 2003.