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79R2497 PEP-D

By:  Martinez Fischer                                             H.B. No. 1495



A BILL TO BE ENTITLED

AN ACT

relating to certain standards applicable to certain inmates 
confined in a county jail pending transfer to the Texas Department 
of Criminal Justice.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 511.009, Government Code, is amended by 
adding Subsection (d) to read as follows:
	(d)  Notwithstanding Subsection (a), the commission may not 
adopt a rule that establishes classification requirements and 
minimum housing standards for any inmate who is confined in county 
jail awaiting transfer to the institutional division of the Texas 
Department of Criminal Justice following conviction of a felony or 
revocation of community supervision, parole, or release on 
mandatory supervision and for whom all paperwork and processing 
under Section 8(a), Article 42.09, Code of Criminal Procedure, for 
transfer has been completed.  The sheriff shall establish the 
classification requirements and minimum housing standards that 
apply to an inmate described by this subsection.
	SECTION 2.  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, 2005.