H.B. No. 2071
AN ACT
relating to variances granted by the Commission on Jail Standards.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 511.009, Government Code, is amended by
adding Subsection (c) to read as follows:
(c) At any time and on the application of the county
commissioners or sheriff, the commission may 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. A variance may
not permit unhealthy, unsanitary, or unsafe conditions.
SECTION 2. Section 511.012(a), Government Code, is amended
to read as follows:
(a) The commission shall grant the county or sheriff a
reasonable period of not more than one year after the date of the
report under Section 511.011 to comply with commission rules and
procedures and state law. [On application of the county
commissioners or sheriff, the 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.]
SECTION 3. Section 511.013, Government Code, is amended to
read as follows:
Sec. 511.013. APPEAL OF ORDER. (a) A county commissioner
or sheriff may seek review of an order issued under Section
511.012(b) by making a written request to the executive director
for a contested case hearing not later than the 30th day after the
date of receipt of the order.
(b) Procedure and practice in a contested case hearing is
governed by Chapter 2001 and the rules of the commission.
(c) After the contested case hearing, judicial review of the
final decision of the commission is governed by Subchapter G,
Chapter 2001.
[Sec. 511.013. APPEAL. (a) A county may appeal a
commission order issued under Section 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 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 commission and may consider only whether:
[(1) the commission's order is based on substantial
evidence; or
[(2) the order is arbitrary, capricious, or illegal.]
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2071 was passed by the House on April
10, 2003, by the following vote: Yeas 143, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2071 on May 28, 2003, by the following vote: Yeas 139, Nays 0,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2071 was passed by the Senate, with
amendments, on May 26, 2003, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor