BILL ANALYSIS

 

 

                                                                                                                                     C.S.S.B. 1264

                                                                                                                                      By: Whitmire

                                                                                                                                    County Affairs

                                                                                                        Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

C.S.S.B. 1264 amends Section 511.0091, Government Code, to authorize the Commission on Jail Standards to establish and collect a reasonable fee to cover the cost of performing any reinspection of a municipal or county jail.  Currently, the commission uses its own resources to conduct these 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), as follows:

 

(c-1)  Authorizes the Commission on Jail Standards (commission), in addition to the other fees authorized by this section, 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 under certain circumstances.

 

(d)  Includes the requirement that fees collected under Chapter 511, Government Code, 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 section.

 

SECTION 2.  Effective date

 

EFFECTIVE DATE

 

September 1, 2005

 

COMPARISON OF ORIGINAL TO SUBSTITUTE

 

C.S.S.B. 1264 removes, from Subsection (c-1) of the original bill, the authorization for the commission to set and collect a reasonable fee to cover the cost of performing a reinspection before the operator of the jail has taken actions as necessary to ensure that the jail is in compliance with minimum standards.

 

C.S.S.B. 1264 also makes changes to Subsection (d) of the original bill by requiring that fees collected under Chapter 511, Government Code, rather than Subsection (c-1), 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 section.