BILL ANALYSIS
By: Allen, Ray
Committee Report (Substituted)
BACKGROUND AND PURPOSE
Under currently law, the Commission on Jail Standards cannot collect fees to reinspect a municipal or county jail that had been found in non-compliance of the commission's minimum standards. It cost the state in both staff time and well as travel/per diem to send inspectors back to the facilities to reinspect.
C.S.H.B. 3118 authorizes the Commission to charge a reasonable fee and to deposit it to the credit of a special account in the general revenue fund to pay the cost incurred by the commission in performing the reinspections.
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 511.0091, Government Code, by adding Subsection (c-1) and amending Subsection (d) to read as follows:
(c-1) In addition to the other fees authorized by this section, the commission is authorized to set and collect a reasonable fee to cover the cost of performing any reinspection of a municipal or county jail that is conducted by the commission following a determination by the commission that the jail is not in compliance with minimum standards: and in response to a request by the operator of the jail for an inspection.
(d) All money paid to the commission under this chapter is subject to Subchapter F, Chapter 404(State funds Reform Act); and is required to be deposited to the credit of a special account in the general revenue fund to be appropriated only to pay costs incurred by the commission in performing services under this chapter.
SECTION 2. Effective Date
EFFECTIVE DATE
September 1, 2005
COMPARISON OF ORIGINAL TO SUBSTITUTE
The Substitute changes the original by stating that the commission can collect a fee to cover the cost of performing a reinspection in response to a request by the operator of the jail for an inspection. The original stated that the commission could collect a fee in response to a request by the operator of the jail for a reinspection.