H.B. 2071 78(R)    BILL ANALYSIS


H.B. 2071
By: Pitts
County Affairs
Committee Report (Unamended)



BACKGROUND 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 needs. 

The Purpose of HB 2071 is to provide 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

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

Section 1 amends Section 511.009, Government Code, by adding language that
creates subsection (c) so that the Jail Standards Commission may grant
variances for the life of a facility, so long as the variances will allow
for the healthy, sanitary and safe operation of a jail facility. 

Section 2 amends Section 511.012 (a), Government Code by deleting language
that is similar to the language added under Section 1.  The deleted
language is  rendered redundant by the addition of subsection (c) of
Section 511.009, Government Code. 


EFFECTIVE DATE

This Act takes effect immediately if it receives a vote of two-thirds of
all members elected to each house, as provided by section 39, Article III,
Texas Constitution.  If this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2003.