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79R16980 MXM-F
By: Lindsay S.B. No. 1049
Substitute the following for S.B. No. 1049:
By: Smith of Harris C.S.S.B. No. 1049
A BILL TO BE ENTITLED
AN ACT
relating to the efficient administration and certain powers of
county government.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 14.06(a), Code of Criminal Procedure, is
amended to read as follows:
(a) Except as provided by Subsection (b), in each case
enumerated in this Code, the person making the arrest or the person
having custody of the person arrested shall take the person
arrested or have him taken without unnecessary delay, but not later
than 48 hours after the person is arrested, before the magistrate
who may have ordered the arrest, before some magistrate of the
county where the arrest was made without an order, or, [if
necessary] to provide more expeditiously to the person arrested the
warnings described by Article 15.17 of this Code, before a
magistrate in any other [a] county of this state [bordering the
county in which the arrest was made]. The magistrate shall
immediately perform the duties described in Article 15.17 of this
Code.
SECTION 2. Article 15.16, Code of Criminal Procedure, is
amended to read as follows:
Art. 15.16. HOW WARRANT IS EXECUTED. (a) The officer or
person executing a warrant of arrest shall without unnecessary
delay take the person or have him taken before the magistrate who
issued the warrant or before the magistrate named in the warrant, if
the magistrate is in the same county where the person is arrested.
If the issuing or named magistrate is in another county, the person
arrested shall without unnecessary delay be taken before some
magistrate in the county in which he was arrested.
(b) Notwithstanding Subsection (a), to provide more
expeditiously to the person arrested the warnings described by
Article 15.17, the officer or person executing the arrest warrant
may as permitted by that article take the person arrested before a
magistrate in a county other than the county of arrest.
SECTION 3. Article 15.17(a), Code of Criminal Procedure, is
amended to read as follows:
(a) In each case enumerated in this Code, the person making
the arrest or the person having custody of the person arrested shall
without unnecessary delay, but not later than 48 hours after the
person is arrested, take the person arrested or have him taken
before some magistrate of the county where the accused was arrested
or, [if necessary] to provide more expeditiously to the person
arrested the warnings described by this article, before a
magistrate in any other [a] county of this state [bordering the
county in which the arrest was made]. The arrested person may be
taken before the magistrate in person or the image of the arrested
person may be presented [broadcast by closed circuit television] to
the magistrate by means of an electronic broadcast system. The
magistrate shall inform in clear language the person arrested,
either in person or through the electronic broadcast system [by
closed circuit television], of the accusation against him and of
any affidavit filed therewith, of his right to retain counsel, of
his right to remain silent, of his right to have an attorney present
during any interview with peace officers or attorneys representing
the state, of his right to terminate the interview at any time, and
of his right to have an examining trial. The magistrate shall also
inform the person arrested of the person's right to request the
appointment of counsel if the person cannot afford counsel. The
magistrate shall inform the person arrested of the procedures for
requesting appointment of counsel. If the person does not speak and
understand the English language or is deaf, the magistrate shall
inform the person in a manner consistent with Articles 38.30 and
38.31, as appropriate. The magistrate shall ensure that reasonable
assistance in completing the necessary forms for requesting
appointment of counsel is provided to the person at the same time.
If the person arrested is indigent and requests appointment of
counsel and if the magistrate is authorized under Article 26.04 to
appoint counsel for indigent defendants in the county, the
magistrate shall appoint counsel in accordance with Article 1.051.
If the magistrate is not authorized to appoint counsel, the
magistrate shall without unnecessary delay, but not later than 24
hours after the person arrested requests appointment of counsel,
transmit, or cause to be transmitted to the court or to the courts'
designee authorized under Article 26.04 to appoint counsel in the
county, the forms requesting the appointment of counsel. The
magistrate shall also inform the person arrested that he is not
required to make a statement and that any statement made by him may
be used against him. The magistrate shall allow the person arrested
reasonable time and opportunity to consult counsel and shall, after
determining whether the person is currently on bail for a separate
criminal offense, admit the person arrested to bail if allowed by
law. [A closed circuit television system may not be used under this
subsection unless the system provides for a two-way communication
of image and sound between the arrested person and the magistrate.]
A recording of the communication between the arrested person and
the magistrate shall be made. The recording shall be preserved
until the earlier of the following dates: (1) the date on which the
pretrial hearing ends; or (2) the 91st day after the date on which
the recording is made if the person is charged with a misdemeanor or
the 120th day after the date on which the recording is made if the
person is charged with a felony. The counsel for the defendant may
obtain a copy of the recording on payment of a reasonable amount to
cover costs of reproduction. For purposes of this subsection,
"electronic broadcast system" means a two-way electronic
communication of image and sound between the arrested person and
the magistrate and includes secure Internet videoconferencing.
SECTION 4. Article 15.18, Code of Criminal Procedure, is
amended to read as follows:
Art. 15.18. ARREST FOR OUT-OF-COUNTY OFFENSE. (a) A person
arrested under a warrant issued in a county other than the one in
which the person is arrested shall be taken before a magistrate of
the county where the arrest takes place or, to provide more
expeditiously to the arrested person the warnings described by
Article 15.17, before a magistrate in any other county of this
state, including the county where the warrant was issued. The
magistrate [who] shall:
(1) take bail, if allowed by law, and, if without
jurisdiction, immediately transmit the bond taken to the court
having jurisdiction of the offense; or
(2) in the case of a person arrested under warrant for
an offense punishable by fine only, accept a written plea of guilty
or nolo contendere, set a fine, determine costs, accept payment of
the fine and costs, give credit for time served, determine
indigency, or, on satisfaction of the judgment, discharge the
defendant, as the case may indicate.
(b) Before the 11th business day after the date a magistrate
accepts a written plea of guilty or nolo contendere in a case under
Subsection (a)(2), the magistrate shall, if without jurisdiction,
transmit to the court having jurisdiction of the offense:
(1) the written plea;
(2) any orders entered in the case; and
(3) any fine or costs collected in the case.
(c) The arrested person may be taken before a magistrate by
means of an electronic broadcast system as provided by and subject
to the requirements of Article 15.17.
SECTION 5. Article 15.19(b), Code of Criminal Procedure, is
amended to read as follows:
(b) If a person is arrested and taken before a magistrate in
a county other than [bordering] the county in which the arrest is
made [under the provisions of Article 15.17(a) of this code] and if
the person is remanded to custody, the person may be confined in a
jail in the county in which the magistrate serves for a period of
not more than 72 hours after the arrest before being transferred to
the county jail of the county in which the arrest occurred.
SECTION 6. Section 403.1042(b), Government Code, is amended
to read as follows:
(b) The advisory committee is composed of 11 members
appointed as follows:
(1) one member appointed by the comptroller to
represent a public hospital or hospital district located in a
county with a population of 50,000 or less or a public hospital
owned or maintained by a municipality;
(2) one member appointed by the political subdivision
that, in the year preceding the appointment, received the largest
annual distribution paid from the account;
(3) one member appointed by the political subdivision
that, in the year preceding the appointment, received the second
largest annual distribution paid from the account;
(4) four members appointed by the Texas Conference of
Urban Counties from nominations received from political
subdivisions that,[:
[(A)] in the year preceding the appointment,
received the 3rd, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11th, or 12th
largest annual distribution paid from the account[; and
[(B) do not have an appointee serving on the
advisory committee at the time of appointment];
(5) one member appointed by the County Judges and
Commissioners Association of Texas;
(6) one member appointed by the North and East Texas
County Judges and Commissioners Association;
(7) one member appointed by the South Texas County
Judges and Commissioners Association; and
(8) one member appointed by the West Texas County
Judges and Commissioners Association.
SECTION 7. Section 511.009(c), Government Code, is amended
to read as follows:
(c) At any time and on the application of the county
commissioners court 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 8. Sections 12.137(b) and (c), Health and Safety
Code, are amended to read as follows:
(b) The advisory committee is composed of 11 members
appointed [by the advisory committee] as follows:
(1) one member appointed [nominated] by the board to
represent a public hospital or hospital district located in a
county with a population of 50,000 or less or a public hospital
owned or maintained by a municipality;
(2) one member appointed [nominated] by the political
subdivision that, in the year preceding the appointment, received
the largest annual distribution paid from the account;
(3) one member appointed [nominated] by the political
subdivision that, in the year preceding the appointment, received
the second largest annual distribution paid from the account;
(4) four members appointed [nominated] by the Texas
Conference of Urban Counties from nominations received from
political subdivisions that[:
[(A)] in the year preceding the appointment,
received the 3rd, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11th, or 12th
largest annual distribution paid from the account; [and
[(B) do not have a nominee serving on the
advisory committee at the time of appointment;]
(5) one member appointed [nominated] by the County
Judges and Commissioners Association of Texas;
(6) one member appointed [nominated] by the North and
East Texas County Judges and Commissioners Association;
(7) one member appointed [nominated] by the South
Texas County Judges and Commissioners Association; and
(8) one member appointed [nominated] by the West Texas
County Judges and Commissioners Association.
(c) A commissioners court that sets the tax rate for a
hospital district must approve any person appointed [nominated] by
the hospital district to serve on the advisory committee.
SECTION 9. Section 81.028, Local Government Code, is
amended by adding Subsection (b-1) to read as follows:
(b-1) A county judge may file a standing order of emergency
delegation of authority that clearly indicates the types of orders
or official documents that the officer or employee may sign on
behalf of the county judge in the event of an emergency or disaster.
SECTION 10. Subchapter B, Chapter 81, Local Government
Code, is amended by adding Section 81.029 to read as follows:
Sec. 81.029. POWER OF CERTAIN COUNTIES RELATING TO DISASTER
OR EMERGENCY. The commissioners court of a county with a population
of more than one million may:
(1) make suitable provision for flood control and for
evacuation routes in the event of disaster or impending disaster;
and
(2) if requested by another county, authorize the use
of county equipment and services to aid the other county in the
event of an emergency.
SECTION 11. Section 83.002, Local Government Code, is
amended to read as follows:
Sec. 83.002. BOND. (a) The county treasurer, before
beginning to perform the duties of office, must execute a bond with
a surety company authorized to do business in this state as a
surety. The bond [that] must be:
(1) approved by the commissioners court;
(2) [and] made payable to the county judge in an amount
established by the commissioners court not to exceed one-half of
one percent of the largest amount budgeted for general county
maintenance and operations for any fiscal year of the county
beginning during the term of office preceding the term for which the
bond is to be given except that the amount may not be less than
$5,000 or more than $500,000; and
(3) [. The bond must be] conditioned that the
treasurer will[:
[(1)] faithfully execute the duties of office[;
[(2) remit according to law all funds received as
county treasurer; and
[(3) render an account of all funds received to the
commissioners court at each regular term of the court].
(b) The treasurer must take and subscribe the official oath,
which must be endorsed on the bond. The bond and the oath shall be
recorded in the county clerk's office. The commissioners court
may, at any time, require the treasurer to obtain a new or
additional bond if the court considers the existing bond
insufficient or doubtful. The bond may not exceed the maximum
amount provided by Subsection (a). The bond must be acquired within
20 days after the date notice of the requirement has been given by
the commissioners court. The failure of a treasurer to obtain a
bond required by this subsection subjects the treasurer to removal
under Section 83.004.
SECTION 12. Section 83.003(c), Local Government Code, is
amended to read as follows:
(c) The introductory course required by Subsection (a) and
[at least 10 hours of] the continuing education required by
Subsection (b) must be sponsored or cosponsored by [taken at] an
accredited public institution of higher education. [The remaining
required classroom hours, wherever taken, must be certified by an
accredited public institution of higher education.]
SECTION 13. Sections 83.004(a) and (c), Local Government
Code, are amended to read as follows:
(a) If a person elected to the office of county treasurer
fails to provide an adequate bond as required by Section 83.002(a)
and to take the official oath on or before assuming the office
[within 20 days after the date the certificate of election is
received], the county judge may [shall] declare the office vacant.
(c) A vacancy in the office of county treasurer shall be
filled as provided by Section 87.041. The person appointed to fill
the vacancy shall, on or before entering upon the discharge of the
duties of office [and within 20 days after the date notice of the
appointment is received], take the official oath and obtain the
same surety bond as required by Section 83.002(a) for an elected
county treasurer.
SECTION 14. Section 85.001(a), Local Government Code, is
amended to read as follows:
(a) A person elected as sheriff, before beginning to perform
the duties of office, must execute a bond with:
(1) two or more good and sufficient sureties; or
(2) a solvent surety company authorized to do business
in this state.
SECTION 15. Section 86.002(a), Local Government Code, is
amended to read as follows:
(a) Before entering on the duties of office, a person who is
elected to the office of constable must execute a bond with two or
more good and sufficient sureties or with a solvent surety company
authorized to do business in this state. The bond must be payable
to the governor and the governor's successors in office and
conditioned that the constable will faithfully perform the duties
imposed by law. The bond must be approved by the commissioners
court of the county. The commissioners court shall set the bond in
an amount of not less than $500 or more than $1,500.
SECTION 16. The heading to Section 89.001, Local Government
Code, is amended to read as follows:
Sec. 89.001. SPECIAL COUNSEL IN POPULOUS COUNTIES [WITH
POPULATION OF MORE THAN ONE MILLION].
SECTION 17. Section 89.001(a), Local Government Code, is
amended to read as follows:
(a) The commissioners court of a county with a population of
more than 1.25 [one] million may employ an attorney as special
counsel.
SECTION 18. Section 89.0041(b), Local Government Code, is
amended to read as follows:
(b) The written notice must be delivered by certified or
registered mail by the 30th business day after suit is filed and
contain:
(1) the style and cause number of the suit;
(2) the court in which the suit was filed; [and]
(3) the date on which the suit was filed; and
(4) the name of the person filing suit.
SECTION 19. Subchapter B, Chapter 292, Local Government
Code, is amended by adding Section 292.030 to read as follows:
Sec. 292.030. FACILITIES IN UNINCORPORATED AREA OF COUNTY.
(a) The commissioners court of a county may purchase, construct,
reconstruct, improve, equip, or provide for by other means,
including by lease or lease with an option to purchase, a branch
office in the unincorporated area of the county.
(b) Any county officer may maintain an office and the county
may provide any county service at the branch office authorized by
this section. The maintenance of an office or the provision of a
service at the branch office must be in addition to an office
maintained or service provided at any other location required by
law.
SECTION 20. Section 351.0415, Local Government Code, is
amended to read as follows:
Sec. 351.0415. COMMISSARY OPERATION BY SHERIFF OR PRIVATE
VENDOR. (a) The sheriff of a county or the sheriff's designee,
including a private vendor operating a detention facility under
contract with the county, may operate, or contract with another
person to operate, a commissary for the use of the inmates
[prisoners] committed to the county jail or to a detention facility
operated by the private vendor, as appropriate. The commissary
must be operated in accordance with rules adopted by the Commission
on Jail Standards.
(b) The sheriff or the sheriff's designee:
(1) has exclusive control of the commissary funds;
(2) shall maintain commissary accounts showing the
amount of proceeds from the commissary operation and the amount and
purpose of disbursements made from the proceeds; and
(3) shall accept new bids to renew contracts of
commissary suppliers every five years.
(c) The sheriff or the sheriff's designee may use commissary
proceeds only to:
(1) fund, staff, and equip a program addressing the
social needs of the inmates [county prisoners], including an
educational or recreational program and religious or
rehabilitative counseling;
(2) supply inmates [county prisoners] with clothing,
writing materials, and hygiene supplies;
(3) establish, staff, and equip the commissary
operation and fund the salaries of staff responsible for managing
the inmates' commissary accounts; [or]
(4) fund, staff, and equip both an educational and a
law library for the educational use of inmates; or
(5) fund physical plant improvements, technology,
equipment, programs, services, and activities that provide for the
well-being, health, safety, and security of the inmates and the
facility [county prisoners].
(d) For a jail under the supervision of the sheriff, at [At]
least once each county fiscal year, or more often if the
commissioners court desires, the auditor shall, without advance
notice, fully examine the jail commissary accounts. The auditor
shall verify the correctness of the accounts and report the
findings of the examination to the commissioners court of the
county at its next term beginning after the date the audit is
completed.
(e) A private vendor operating a detention facility under
contract with the county shall ensure that the facility commissary
accounts are annually examined by an independent auditor.
(f) When entering into a contract under Subsection (a), the
sheriff or the sheriff's designee shall consider the following:
(1) whether the contract should provide for a fixed
rate of return combined with a sales growth incentive;
(2) the menu items offered by the provider and the
price of those items;
(3) the value, as measured by a best value standard,
and benefits to inmates and the commissary, as offered by the
provider;
(4) safety and security procedures to be performed by
the provider; and
(5) the performance record of the provider, including
service availability, reliability, and efficiency.
(g) Commissary proceeds may be used only for the purposes
described in Subsection (c). A commissioners court may not use
commissary proceeds to fund the budgetary operating expenses of a
county jail.
SECTION 21. Section 351.04155, Local Government Code, is
amended by amending Subsection (a) and adding Subsection (c) to
read as follows:
(a) This section applies only to a county that:
(1) has a population of one million or more; [and]
(2) has two municipalities with a population of
200,000 [300,000] or more; and
(3) is adjacent to a county with a population of one
million or more.
(c) A purchase made by the sheriff using commissary proceeds
is subject to the competitive purchasing procedures contained in
Subchapter C, Chapter 262. For the purpose of complying with that
subchapter, a reference in that subchapter to "commissioners court"
means the sheriff and a reference to "the county official who makes
purchases for the county" means the sheriff or the sheriff's
designee.
SECTION 22. Section 83.004(b), Local Government Code, is
repealed.
SECTION 23. The changes in law made by this Act to the Code
of Criminal Procedure apply only to an offense committed on or after
the effective date of this Act. An offense committed before the
effective date of this Act is covered by the law in effect when the
offense was committed, and the former law is continued in effect for
that purpose. For the purposes of this section, an offense is
committed before the effective date of this Act if any element of
the offense occurs before that date.
SECTION 24. The change in law made by this Act:
(1) to Sections 83.002 and 83.004(a), Local Government
Code, applies only to a county treasurer whose term begins on or
after the effective date of this Act; and
(2) to Section 83.004(c), Local Government Code,
applies only to a county treasurer who enters upon the discharge of
the duties of office on or after the effective date of this Act.
SECTION 25. This Act takes effect September 1, 2005.