78R7520 GWK-D
By: Keel H.B. No. 1724
A BILL TO BE ENTITLED
AN ACT
relating to the abolition of the Commission on Jail Standards and
the transfer of the functions of the commission to the office of the
attorney general.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 511, Government Code, is amended to read
as follows:
CHAPTER 511. [COMMISSION ON] JAIL STANDARDS
Sec. 511.001. DEFINITIONS. In this chapter:
(1) ["Commission" means the Commission on Jail
Standards.
[(2)] "Correctional facility" means a facility
operated by a county, a municipality, or a private vendor for the
confinement of a person arrested for, charged with, or convicted of
a criminal offense.
(2) [(3)] "County jail" means a facility operated by
or for a county for the confinement of persons accused or convicted
of an offense.
(3) [(4) "Executive director" means the executive
director of the commission.
[(5)] "Federal prisoner" means a person arrested for,
charged with, or convicted of a violation of a federal law.
(4) [(6)] "Inmate" means a person arrested for,
charged with, or convicted of a criminal offense of this state or
another state of the United States and confined in a county jail, a
municipal jail, or a correctional facility operated by a county, a
municipality, or a private vendor.
(5) [(7)] "Prisoner" means a person confined in a
county jail.
Sec. 511.002. [COMMISSION. The Commission on Jail
Standards is an agency of the state.
[Sec. 511.003. SUNSET PROVISION. The Commission on Jail
Standards is subject to Chapter 325 (Texas Sunset Act). Unless
continued in existence as provided by that chapter, the commission
is abolished and this chapter expires September 1, 2009.
[Sec. 511.004. MEMBERSHIP; TERMS; VACANCIES. (a) The
commission consists of nine members appointed by the governor with
the advice and consent of the senate. One member must be a sheriff
of a county with a population of more than 35,000, one must be a
sheriff of a county with a population of 35,000 or less, one must be
a county judge, one must be a county commissioner, one must be a
practitioner of medicine licensed by the Texas State Board of
Medical Examiners, and the other four must be representatives of
the general public. At least one of the four citizen members must
be from a county with a population of 35,000 or less.
[(b) The sheriffs, county judge, and county commissioner
appointed to the commission shall perform the duties of a member in
addition to their other duties.
[(c) Members serve for terms of six years with the terms of
one-third of the members expiring on January 31 of each
odd-numbered year.
[(d) If a sheriff, county judge, or county commissioner
member of the commission ceases to be sheriff, county judge, or
county commissioner, the person's position on the commission
becomes vacant.
[(e) A person appointed to fill a vacancy must have the same
qualifications for appointment as the member who vacated the
position.
[(f) Appointments to the commission shall be made without
regard to the race, color, disability, sex, religion, age, or
national origin of the appointees.
[(g) A person is not eligible for appointment as a public
member of the commission if the person or the person's spouse:
[(1) is registered, certified, or licensed by an
occupational regulatory agency in the field of law enforcement;
[(2) is employed by or participates in the management
of a business entity, county jail, or other organization regulated
by the commission or receiving funds from the commission;
[(3) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization regulated by the commission or receiving funds from
the commission; or
[(4) uses or receives a substantial amount of tangible
goods, services, or funds from the commission, other than
compensation or reimbursement authorized by law for commission
membership, attendance, or expenses.
[(h) To be eligible to take office as a member of the
commission, a person appointed to the commission must complete at
least one course of a training program that complies with
Subsection (i).
[(i) The training program required by Subsection (h) must
provide information to the person regarding:
[(1) the enabling legislation that created the
commission;
[(2) the programs operated by the commission;
[(3) the role and functions of the commission;
[(4) the rules of the commission with an emphasis on
the rules that relate to disciplinary and investigatory authority;
[(5) the current budget for the commission;
[(6) the results of the most recent formal audit of the
commission;
[(7) the requirements of the:
[(A) open meetings law, Chapter 551;
[(B) open records law, Chapter 552; and
[(C) administrative procedure law, Chapter 2001;
[(8) the requirements of the conflict of interests
laws and other laws relating to public officials; and
[(9) any applicable ethics policies adopted by the
commission or the Texas Ethics Commission.
[(j) A person appointed to the commission is entitled to
reimbursement for travel expenses incurred in attending the
training program required by Subsection (h) as provided by the
General Appropriations Act and as if the person were a member of the
commission.
[Sec. 511.0041. REMOVAL OF COMMISSION MEMBERS. (a) It is a
ground for removal from the commission if a member:
[(1) does not have at the time of appointment the
qualifications required by Section 511.004;
[(2) does not maintain during service on the
commission the qualifications required by Section 511.004;
[(3) violates a prohibition established by Section
511.0042;
[(4) cannot discharge the member's duties for a
substantial part of the term for which the member is appointed
because of illness or disability; or
[(5) is absent from more than half of the regularly
scheduled commission meetings that the member is eligible to attend
during a calendar year unless the absence is excused by majority
vote of the commission.
[(b) The validity of an action of the commission is not
affected by the fact that it is taken when a ground for removal of a
commission member exists.
[(c) If the executive director has knowledge that a
potential ground for removal exists, the executive director shall
notify the presiding officer of the commission of the ground. The
presiding officer shall then notify the governor and the attorney
general that a potential ground for removal exists. If the
potential ground for removal involves the presiding officer, the
executive director shall notify the next highest ranking officer of
the commission, who shall notify the governor and the attorney
general that a potential ground for removal exists.
[Sec. 511.0042. CONFLICT OF INTEREST. (a) An officer,
employee, or paid consultant of a Texas trade association in the
field of county corrections may not be a member of the commission or
an employee of the commission who is exempt from the state's
position classification plan or is compensated at or above the
amount prescribed by the General Appropriations Act for step 1,
salary group 17, of the position classification salary schedule.
[(b) A person who is the spouse of an officer, manager, or
paid consultant of a Texas trade association in the field of county
corrections may not be a commission member and may not be a
commission employee who is exempt from the state's position
classification plan or is compensated at or above the amount
prescribed by the General Appropriations Act for step 1, salary
group 17, of the position classification salary schedule.
[(c) For the purposes of this section, a Texas trade
association is a nonprofit, cooperative, and voluntarily joined
association of business or professional competitors in this state
designed to assist its members and its industry or profession in
dealing with mutual business or professional problems and in
promoting their common interest.
[(d) A person may not serve as a member of the commission or
act as the general counsel to the commission if the person is
required to register as a lobbyist under Chapter 305 because of the
person's activities for compensation on behalf of a profession
related to the operation of the commission.
[Sec. 511.005. PRESIDING OFFICER; ASSISTANT PRESIDING
OFFICER. (a) The governor shall designate one member of the
commission as the presiding officer of the commission to serve in
that capacity at the pleasure of the governor.
[(b) The commission biennially shall elect from the
membership an assistant presiding officer. The assistant presiding
officer serves in that capacity for a period of two years expiring
February 1 of each odd-numbered year.
[Sec. 511.006. MEETINGS; RULES. (a) The commission shall
hold a regular meeting each calendar quarter and may hold special
meetings at the call of the presiding officer or on the written
request of three members. If the presiding officer is absent, the
assistant presiding officer shall preside at a meeting.
[(b) The commission shall adopt, amend, and rescind rules
for the conduct of its proceedings.
[(c) The commission shall develop and implement policies
that provide the public with a reasonable opportunity to appear
before the commission and to speak on any issue under the
jurisdiction of the commission.
[Sec. 511.007. COMPENSATION; REIMBURSEMENT. A member of
the commission is not entitled to compensation but is entitled to
reimbursement for actual and necessary expenses incurred in
performing official duties.
[Sec. 511.0071.] COMPLAINTS AND ACCESS. (a) The attorney
general [commission] shall prepare information of public interest
describing the functions of the attorney general under this chapter
[commission] and the [commission's] procedures by which complaints
are filed with and resolved by the attorney general [commission].
The attorney general [commission] shall make the information
available to the public and appropriate state agencies.
(b) The attorney general [commission] shall prepare and
maintain a written plan that describes how a person who does not
speak English or who has a physical, mental, or developmental
disability can be provided reasonable access to the [commission]
programs under this chapter.
(c) The attorney general [commission] by rule shall
establish methods by which consumers and service recipients are
notified of the name, mailing address, and telephone number of the
attorney general [commission] for the purpose of directing
complaints to the attorney general [commission]. The attorney
general [commission] may provide for that notification:
(1) on each registration form, application, or written
contract for services of an individual or entity regulated under
this chapter or of an entity the creation of which is authorized by
this chapter;
(2) on a sign prominently displayed in the place of
business of each individual or entity regulated under this chapter
or of an entity the creation of which is authorized by this chapter;
or
(3) in a bill for service provided by an individual or
entity regulated under this chapter or by an entity the creation of
which is authorized by this chapter.
(d) The attorney general [commission] shall keep an
information file about each complaint filed under this chapter
[with the commission] that the attorney general [commission] has
authority to resolve. The attorney general [commission] is not
required to keep an information file about a complaint to the
attorney general [commission] from or related to a prisoner of a
county or municipal jail. The attorney general [commission] shall
refer a complaint from or related to a prisoner to the appropriate
local agency for investigation and resolution and may perform a
special inspection of a facility named in the complaint to
determine compliance with [commission] requirements under this
chapter.
(e) If a written complaint is filed with the attorney
general [commission] that the attorney general [commission] has
authority to resolve, the attorney general [commission] at least
quarterly and until final disposition of the complaint shall notify
the parties to the complaint of the status of the complaint unless
the notice would jeopardize an undercover investigation.
(f) The attorney general [commission] shall collect and
maintain information about each complaint received under this
chapter [by the commission], including:
(1) the date the complaint is received;
(2) the name of the complainant;
(3) the subject matter of the complaint;
(4) a record of all persons contacted in relation to
the complaint;
(5) a summary of the results of the review or
investigation of the complaint; and
(6) for a complaint for which the attorney general
[agency] took no action, an explanation of the reason the complaint
was closed without action.
Sec. 511.003 [511.008]. [DIRECTOR;] STAFF. (a) The
attorney general [commission shall employ an executive director who
is the chief executive officer of the commission and who serves at
the will of the commission. The executive director is subject to
the policy direction of the commission.
[(b) The executive director] may employ personnel as
necessary to enforce and administer this chapter.
(b) The attorney general may delegate a power, duty, or
responsibility given to the attorney general under this chapter to
a person employed under this section.
[(c) The executive director and employees are entitled to
compensation and expenses as provided by legislative
appropriation.
[(d) The commission shall provide to its members and
employees, as often as necessary, information regarding their
qualifications for office or employment under this chapter and
their responsibilities under applicable laws relating to standards
of conduct for state officers or employees.
[(e) The commission shall develop and implement policies
that clearly define the respective responsibilities of the
commission and the staff of the commission.
[(f) The executive director or the executive director's
designee shall develop an intraagency career ladder program. The
program shall require intraagency postings of all nonentry level
positions concurrently with any public posting.
[(g) The executive director or the executive director's
designee shall develop a system of annual performance evaluations.
All merit pay for commission employees must be based on the system
established under this subsection.
[(h) The executive director or the executive director's
designee shall prepare and maintain a written policy statement to
assure implementation of a program of equal employment opportunity
under which all personnel transactions are made without regard to
race, color, disability, sex, religion, age, or national origin.
The policy statement must include:
[(1) personnel policies, including policies relating
to recruitment, evaluation, selection, appointment, training, and
promotion of personnel, that are in compliance with Chapter 21,
Labor Code;
[(2) a comprehensive analysis of the commission work
force that meets federal and state laws, rules, regulations, and
instructions directly adopted under those laws, rules, or
regulations;
[(3) procedures by which a determination can be made
about the extent of underuse in the commission work force of all
persons for whom federal or state laws, rules, regulations, and
instructions directly adopted under those laws, rules, or
regulations encourage a more equitable balance; and
[(4) reasonable methods to appropriately address
those areas of underuse.
[(i) A policy statement prepared under Subsection (h) must
cover an annual period, be updated at least annually and reviewed by
the Commission on Human Rights for compliance with Subsection
(h)(1), and be filed with the governor's office.
[(j) The governor's office shall deliver a biennial report
to the legislature based on the information received under
Subsection (i). The report may be made separately or as a part of
other biennial reports made to the legislature.]
Sec. 511.004 [511.009]. GENERAL DUTIES. (a) The attorney
general [commission] shall:
(1) adopt reasonable rules and procedures
establishing minimum standards for the construction, equipment,
maintenance, and operation of county jails;
(2) adopt reasonable rules and procedures
establishing minimum standards for the custody, care, and treatment
of prisoners;
(3) adopt reasonable rules establishing minimum
standards for the number of jail supervisory personnel and for
programs and services to meet the needs of prisoners;
(4) adopt reasonable rules and procedures
establishing minimum requirements for programs of rehabilitation,
education, and recreation in county jails;
(5) revise, amend, or change rules and procedures if
necessary;
(6) provide to local government officials
consultation on and technical assistance for county jails;
(7) review and comment on plans for the construction
and major modification or renovation of county jails;
(8) require that the sheriff and commissioners of each
county submit [to the commission], on a form prescribed by the
attorney general [commission], an annual report on the conditions
in each county jail within their jurisdiction, including all
information necessary to determine compliance with state law,
[commission] orders of the attorney general, and the rules adopted
under this chapter;
(9) review the reports submitted under Subdivision (8)
and require the attorney general [commission employees] to inspect
county jails regularly to ensure compliance with state law,
[commission] orders, and rules and procedures adopted under this
chapter;
(10) adopt a classification system to assist sheriffs
and judges in determining which defendants are low-risk and
consequently suitable participants in a county jail work release
program under Article 42.034, Code of Criminal Procedure;
(11) adopt rules relating to requirements for
segregation of classes of inmates and to capacities for county
jails;
(12) require that the chief jailer of each municipal
lockup submit to the attorney general [commission], on a form
prescribed by the attorney general [commission], an annual report
of persons under 17 years of age securely detained in the lockup,
including all information necessary to determine compliance with
state law concerning secure confinement of children in municipal
lockups;
(13) at least annually determine whether each county
jail is in compliance with the rules and procedures adopted under
this chapter;
(14) require that the sheriff and commissioners court
of each county submit to the attorney general [commission], on a
form prescribed by the attorney general [commission], an annual
report of persons under 17 years of age securely detained in the
county jail, including all information necessary to determine
compliance with state law concerning secure confinement of children
in county jails; and
(15) schedule announced and unannounced inspections
of jails under its jurisdiction based on the jail's history of
compliance with [commission] standards and other high-risk factors
identified by the attorney general [commission].
(b) A [commission] rule or procedure adopted under this
chapter is not unreasonable because compliance with the rule or
procedure requires major modification or renovation of an existing
jail or construction of a new jail.
Sec. 511.005 [511.0091]. FEES; INSPECTION ACCOUNT. (a)
The attorney general [commission] shall set and collect reasonable
fees to cover the cost of performing the following services for
municipal jails operated for a municipality by a private vendor or
for county jails, whether financed, purchased, designed,
constructed, leased, operated, maintained, or managed for the
county by a private vendor or provided entirely by the county:
(1) review of and comment on construction documents
for new facilities or expansion projects;
(2) performance of occupancy inspections; and
(3) performance of annual inspections.
(b) The attorney general [commission] may collect a fee
under Subsection (a)(1) only for the review of and comment on
construction documents for a jail for which the attorney general
[commission] projects:
(1) a rated capacity of 100 or more prisoners; and
(2) an annual average jail population of prisoners
sentenced by jurisdictions other than the courts of this state that
is 30 percent or more of the total population of the jail.
(c) The attorney general [commission] may collect a fee
under Subsection (a)(2) or (a)(3) only for the performance of an
inspection of a jail that during the year in which the inspection is
performed:
(1) has a rated capacity of 100 or more prisoners; and
(2) the attorney general [commission] projects as
having an annual average jail population of prisoners sentenced by
jurisdictions other than the courts of this state that is 30 percent
or more of the total population of the jail.
(d) All money paid to the attorney general [commission]
under this chapter is subject to Subchapter F, Chapter 404.
Sec. 511.006 [511.0092]. CONTRACTS FOR OUT-OF-STATE
INMATES. (a) The only entities other than the state that are
authorized to operate a correctional facility to house in this
state inmates convicted of offenses committed against the laws of
another state of the United States are:
(1) a county or municipality; and
(2) a private vendor operating a correctional facility
under a contract with a county under Subchapter F, Chapter 351,
Local Government Code, or a municipality under Subchapter E,
Chapter 361, Local Government Code.
(b) A county commissioners court or the governing body of a
municipality may enter into a contract with another state or a
jurisdiction in another state for the purpose described by
Subsection (a) only if:
(1) the county or municipality submits to the attorney
general [commission]:
(A) a statement of the custody level capacity and
availability in the correctional facility that will house the
inmates; and
(B) a written plan explaining the procedure to be
used to coordinate law enforcement activities in response to any
riot, rebellion, escape, or other emergency situation occurring in
the facility; and
(2) the attorney general [commission]:
(A) inspects the facility and reviews the
statement and plan submitted under Subdivision (1); and
(B) after the inspection and review, determines
that the correctional facility is a proper facility for housing the
inmates and provides the county or municipality with a copy of that
determination.
(c) A private vendor operating a correctional facility in
this state may not enter into a contract for the purposes of
Subsection (a) with another state or a jurisdiction in another
state.
(d) A contract described by Subsection (b) must provide
that:
(1) each correctional facility in which inmates are to
be housed meets minimum standards established by the attorney
general [commission];
(2) each inmate to be released from custody must be
released in the sending state;
(3) before transferring an inmate, the receiving
facility shall review for compliance with the attorney general's
[commission's] classification standards:
(A) all records concerning the sending state's
classification of the inmate, including records relating to the
inmate's conduct while confined in the sending state; and
(B) appropriate medical information concerning
the inmate, including certification of tuberculosis screening or
treatment;
(4) except as provided by Subsection (e), the sending
state will not transfer and the receiving facility will not accept
an inmate who has a record of institutional violence involving the
use of a deadly weapon or a pattern of violence while confined in
the sending state or a record of escape or attempted escape from
secure custody;
(5) the receiving entity will determine the inmate's
custody level in accordance with the attorney general's
[commission] rules, in order to ensure that the custody level
assignments for the facility as a whole are compatible with the
construction security level availability in the facility; and
(6) the receiving facility is entitled to terminate at
will the contract by providing the sending state with 90 days'
notice of the intent to terminate the contract.
(e) The attorney general [commission] may waive the
requirement that a contract contain the provision described by
Subsection (d)(4) if the attorney general [commission] determines
that the receiving facility is capable of confining an inmate
described by Subsection (d)(4).
(f) A county, municipality, or private vendor operating
under a contract described by Subsection (b) shall:
(1) send a copy of the contract to the attorney general
[commission];
(2) require all employees at the facility to maintain
certification as required by the Commission on Law Enforcement
Officer Standards and Education;
(3) submit to inspections by the attorney general
[commission]; and
(4) immediately notify the attorney general
[commission] of any riot, rebellion, escape, or other emergency
situation occurring at the facility.
(g) The attorney general [commission] may require the
sending state or an entity described in Subsection (a) to reimburse
the state for any cost incurred by a state agency in responding to
any riot, rebellion, escape, or other emergency situation occurring
at the facility.
(h) Notwithstanding the provisions of Chapter 252, Chapter
262, Subchapter F, Chapter 351, or Subchapter E, Chapter 361, Local
Government Code, the governing body of a municipality or a county
commissioners court may enter into a contract with a private vendor
to provide professional services under this section if the attorney
general [commission] reviews and approves the private vendor's
qualifications to provide such services and the terms of the
proposed contract comply with this section.
(i) Chapter 1702, Occupations Code, does not apply to an
employee of a facility in the actual discharge of duties as an
employee of the facility if the employee is required by Subsection
(f)(2) or by Section 1701.406, Occupations Code, to maintain
certification from the Commission on Law Enforcement Officer
Standards and Education.
Sec. 511.007 [511.0093]. RULES AND FEES RELATED TO
OUT-OF-STATE INMATES. (a) The attorney general [commission] may
impose a fee on a private vendor that operates a correctional
facility housing prisoners from jurisdictions other than this
state. The fee must reasonably compensate the attorney general
[commission] for the cost of regulating and providing technical
assistance to the facility.
(b) The attorney general [commission] may adopt rules
regulating the number of federal prisoners and prisoners from
jurisdictions other than Texas that are housed in a county jail, a
municipal jail, or a correctional facility operated by a private
vendor under contract with a municipality if the jail or
correctional facility houses state, county, or municipal prisoners
or prisoners of another state of the United States.
(c) The attorney general [commission] may adopt other rules
regulating jails or correctional facilities described by
Subsection (b) as necessary to protect the health and safety of
prisoners described by Subsection (b), local and Texas prisoners,
jail personnel, and the public.
Sec. 511.008 [511.0094]. EXCLUSION OF JAILS OR CORRECTIONAL
FACILITIES HOUSING ONLY FEDERAL PRISONERS. The provisions of this
chapter do not apply to a correctional facility, other than a county
jail, contracting to house only federal prisoners and operating
pursuant to a contract between a unit of the federal government and
a county, a municipality, or a private vendor. If a county,
municipality, or private vendor contracts to house or begins to
house state, county, or municipal prisoners or prisoners of another
state of the United States, it shall report to the attorney general
[commission] before placing such inmates in a correctional facility
housing only federal prisoners.
Sec. 511.009 [511.0095]. AUTHORITY TO HOUSE OUT-OF-STATE
INMATES. Nothing in this chapter shall be construed to limit the
authority of the state granted under Article 42.19, Code of
Criminal Procedure, or other applicable law to house in this state
inmates convicted of offenses committed against the laws of another
state of the United States.
Sec. 511.010 [511.0096]. TERMINATION OF CONTRACTS FOR
OUT-OF-STATE INMATES. The attorney general [commission] may
require the receiving facility to terminate a contract under
Section 511.006(d)(6) [511.0092(d)(6)], if the attorney general
[commission] determines that the receiving facility is needed to
house inmates convicted of offenses against the laws of the state
and funds have been appropriated by the state to compensate the
receiving facility for the incarceration of the inmates.
Sec. 511.011 [511.010]. GATHERING OF INFORMATION. (a) The
attorney general [commission] shall be granted access at any
reasonable time to a county jail and to books, records, and data
relating to a county jail that the attorney general [commission or
executive director] considers necessary to administer the attorney
general's [commission's] functions, powers, and duties.
(b) The county commissioners and sheriff of each county
shall furnish the attorney general [commission, a member of the
commission, the executive director,] or an employee designated by
the attorney general [executive director] any information that the
requesting person states is necessary for the attorney general
[commission] to:
(1) discharge the attorney general's [its] functions,
powers, and duties;
(2) determine whether the attorney general's
[commission's] rules are being observed or whether the attorney
general's [its] orders are being obeyed; and
(3) otherwise implement this chapter.
(c) To carry out [its] functions, powers, and duties, the
attorney general [commission] may:
(1) issue subpoenas and subpoenas duces tecum to
compel attendance of witnesses and the production of books,
records, and documents;
(2) administer oaths; and
(3) take testimony concerning all matters within the
attorney general's [its] jurisdiction.
(d) The attorney general [commission] is not bound by strict
rules of evidence or procedure in the conduct of the attorney
general's [its] proceedings, but the attorney general's [its]
determinations must be founded on sufficient legal evidence.
[(e) The commission may delegate to the executive director
the authority conferred by this section.]
Sec. 511.012 [511.0101]. JAIL POPULATION REPORTS. (a)
Each county shall submit to the attorney general [commission] on or
before the fifth day of each month a report containing the following
information:
(1) the number of prisoners confined in the county
jail on the first day of the month, classified on the basis of the
following categories:
(A) total prisoners;
(B) pretrial Class C misdemeanor offenders;
(C) pretrial Class A and B misdemeanor offenders;
(D) convicted misdemeanor offenders;
(E) felony offenders whose penalty has been
reduced to a misdemeanor;
(F) pretrial felony offenders;
(G) convicted felony offenders;
(H) prisoners detained on bench warrants;
(I) prisoners detained for parole violations;
(J) prisoners detained for federal officers;
(K) prisoners awaiting transfer to the
institutional division of the Texas Department of Criminal Justice
following conviction of a felony or revocation of community
supervision [probation], parole, or release on mandatory
supervision and for whom paperwork and processing required for
transfer have been completed;
(L) prisoners detained after having been
transferred from another jail and for whom the attorney general
[commission] has made a payment under Subchapter F, Chapter 499,
Government Code; and
(M) other prisoners;
(2) the total capacity of the county jail on the first
day of the month; and
(3) certification by the reporting official that the
information in the report is accurate.
(b) The attorney general [commission] shall prescribe a
form for the report required by this section. If the report
establishes that a county jail has been operated in excess of its
total capacity for three consecutive months, the attorney general
[commission] may consider adoption of an order to prohibit
confinement of prisoners in the county jail under Section 511.014
[511.012].
Sec. 511.013 [511.011]. REPORT ON NONCOMPLIANCE. If the
attorney general [commission] finds that a county jail does not
comply with state law, including Chapter 89, Health and Safety
Code, or the rules, standards, or procedures of the attorney
general [commission], it shall report the noncompliance to the
county commissioners and sheriff of the county responsible for the
county jail and shall send a copy of the report to the governor.
Sec. 511.014 [511.012]. FAILURE TO COMPLY AFTER REPORT.
(a) The attorney general [commission] shall grant the county or
sheriff a reasonable period of not more than one year after the date
of the report under Section 511.013 [511.011] to comply with
[commission] rules and procedures and state law. On application of
the county commissioners or sheriff, the attorney general
[commission] may grant reasonable variances, clearly justified by
the facts, for operation of a county jail not in strict compliance
with state law. A variance may not permit unhealthy, unsanitary, or
unsafe conditions.
(b) If the county commissioners or sheriff does not comply
within the period granted by the attorney general [commission], the
attorney general [commission] by order may prohibit confinement of
prisoners in the county jail. In that event, the attorney general
[commission] shall furnish the sheriff with a list of qualified
detention facilities to which the prisoners may be transferred for
confinement. Immediately on issuance of the attorney general's
[commission's] order, the sheriff shall transfer the number of
prisoners necessary to bring the county jail into compliance to a
detention facility that agrees to accept the prisoners. The
agreement must be in writing and signed by the sheriffs of the
counties transferring and receiving the prisoners. A county
transferring prisoners under this section shall remove the
prisoners from the receiving facility immediately on request of the
sheriff of the receiving county.
(c) The county transferring prisoners under this section is
liable for payment of the costs of transportation for, and
maintenance of, transferred prisoners. These costs shall be
determined by agreement between the participating counties and
shall be paid into the treasury of the entity operating the
detention facility receiving the prisoners.
Sec. 511.015 [511.0121]. FAILURE TO COOPERATE IN PAROLE IN
ABSENTIA PROGRAM. The Texas Board of Criminal Justice shall notify
the attorney general [commission] of the failure of a county to
fully cooperate with employees of the institutional division of the
Texas Department of Criminal Justice in evaluating inmates for
release on parole from the county jail. On such notification, the
attorney general [commission] shall find the county in
noncompliance for the purpose of this chapter and may invoke a
remedy as provided by Section 511.014 [511.012].
Sec. 511.016 [511.013]. APPEAL. (a) A county may appeal an
[a commission] order issued under Section 511.014(b) [511.012(b)]
by filing a petition in a district court of Travis County within 30
days after the date of the order.
(b) Citation on the attorney general [commission] must be
served within 30 days after the date the petition is filed [and may
be served on the executive director].
(c) In the appeal, the court is confined to the record
developed by the attorney general [commission] and may consider
only whether:
(1) the attorney general's [commission's] order is
based on substantial evidence; or
(2) the order is arbitrary, capricious, or illegal.
Sec. 511.017 [511.014]. ACTION TO ENFORCE. (a) Instead of
closing a county jail, the attorney general [commission] may bring
an action [in its own name] to enforce or enjoin a violation of
Subchapter A, Chapter 351, Local Government Code, Chapter 89,
Health and Safety Code, or a [commission] rule, order, or procedure
adopted under this chapter. The action is in addition to any other
action, proceeding, or remedy provided by law. The court shall give
preferential setting and shall try the action without a jury,
unless the county requests a jury trial. [The attorney general
shall represent the commission.]
(b) The suit may be brought in a district court of Travis
County.
(c) The court shall issue an injunction ordering compliance
with [commission] rules and procedures adopted under this chapter
and state law if it finds that:
(1) the operation of the county jail does not comply
with the rules and procedures or state law; and
(2) the county commissioners or sheriff, having been
given a reasonable period to comply, has failed to comply with the
rules and procedures.
Sec. 511.018 [511.015]. ANNUAL REPORTS. (a) Before
February 1 of each year the attorney general [commission] shall
submit to the governor and the presiding officer of each house of
the legislature a report on the attorney general's [its]
operations, the attorney general's [its] findings concerning
county jails during the preceding year, and recommendations that
the attorney general [it] considers appropriate.
(b) The attorney general [commission] shall file annually
with the governor and the presiding officer of each house of the
legislature a complete and detailed written report accounting for
all funds received and disbursed by the attorney general under this
chapter [commission] during the preceding fiscal year. The annual
report must be in the form and reported in the time provided by the
General Appropriations Act.
Sec. 511.019 [511.016]. AUDITS. (a) Each county auditor
shall provide the attorney general [commission] with a copy of the
auditor's quarterly audit of the county jail's commissary
operations and a copy of the annual financial audit of general
operations of the county jail. The county auditor shall provide a
copy of an audit not later than the 10th day after completing the
audit.
(b) At the request of the commissioners court or a sheriff
or on the attorney general's [commission's] own initiative, the
attorney general [commission] shall conduct an audit of staffing
matters at a county jail.
Sec. 511.020 [511.017]. DUTIES RELATED TO STATE JAIL FELONY
FACILITIES AND INSTITUTIONAL DIVISION TRANSFER FACILITIES. (a) In
this section:
(1) "State jail division" means the state jail
division of the Texas Department of Criminal Justice.
(2) "State jail felony facility" means a state jail
felony facility authorized by Subchapter A, Chapter 507.
(3) "Transfer facility" means a transfer facility
operated by the institutional division of the Texas Department of
Criminal Justice under Subchapter G, Chapter 499.
(b) The attorney general [commission] shall provide the
state jail division with consultation and technical assistance
relating to the operation and construction of state jail felony
facilities.
SECTION 2. On the effective date of this Act:
(1) the Commission on Jail Standards as it exists
immediately before the effective date of this Act is abolished and
the offices of the members of the commission serving on that date
are abolished;
(2) all powers, duties, functions, and activities
performed by the Commission on Jail Standards immediately before
the effective date of this Act are transferred to the attorney
general;
(3) all employees of the Commission on Jail Standards
become employees of the attorney general, to be assigned duties by
the attorney general;
(4) a rule, form, order, or procedure adopted by the
Commission on Jail Standards is a rule, form, order, or procedure of
the attorney general and remains in effect until changed by the
attorney general;
(5) a reference in law to the Commission on Jail
Standards means the attorney general;
(6) a permit or certification in effect that was
issued by the Commission on Jail Standards is continued in effect as
a permit or certification issued by the attorney general;
(7) a complaint, investigation, or other proceeding
pending before the Commission on Jail Standards is transferred
without change in status to the attorney general;
(8) all obligations, rights, and contracts of the
Commission on Jail Standards are transferred to the attorney
general; and
(9) all property, including records and money, in the
custody of the Commission on Jail Standards and all funds
appropriated by the legislature for the Commission on Jail
Standards shall be transferred to the attorney general.
SECTION 3. This Act takes effect September 1, 2003.