By:  Pitts (Senate Sponsor - Averitt)                             H.B. No. 2071
	(In the Senate - Received from the House April 14, 2003; 
April 15, 2003, read first time and referred to Committee on 
Criminal Justice; May 21, 2003, reported favorably by the 
following vote:  Yeas 6, Nays 0; May 21, 2003, sent to printer.)


A BILL TO BE ENTITLED

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.  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.



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