SRC-EPT, MSY, TJG C.S.S.B. 194 78(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 194
78R9241 EMT-DBy: Staples
State Affairs
4/1/2003
Committee Report (Substituted)


DIGEST AND PURPOSE 

Current Texas law grants certain officers and individuals immunity in
their functions as community supervision council members.  Although those
council members who are sheriffs, sheriff's employees, county judges, and
county commissioners currently receive such immunity, county attorneys,
district judges, district attorneys, and criminal district attorneys do
not, even though state law requires such individuals to serve on community
supervision councils.  C.S.S.B. 194 adds immunity for those individuals. 

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 Article 42.20(c), Code of Criminal Procedure, to
include a member of a community justice council established under Section
76.003(b), Government Code, who is not otherwise listed in the subsection,
among the list of persons to whom this article, relating to immunity for
certain government employees for an act or omission committed while
supervising an inmate or offender program or activity applies.
Redesignates Subsections 4 and 5 as 5 and 6. 

SECTION 2.  Repealer: Section 8(g), Article 42.03, Code of Criminal
Procedure, as redesignated and amended by Section 1, Chapter 201, Acts of
the 73rd Legislature, Regular Session (Liability for certain government
employees while supervising an inmate or offender program or activity). 

SECTION 3.  Effective date: September 1, 2003.
            Makes application of this Act prospective.



SUMMARY OF COMMITTEE CHANGES

Differs from As Filed in relating clause by adding "or agents" to provide
that immunity is granted to governmental employees or agents. 

Differs from As Filed in SECTION 1 by deleting a county attorney, a
district judge, district attorney or criminal district attorney from the
list of persons to whom this Act applies and adding "a member of a
community justice council established under Section 76.003(b), Government
Code, who is not otherwise listed in the subsection" to this same list.