By: Turner H.B. No. 2699

Substitute the following for H.B. No. 2699:

By: Madden C.S.H.B. No. 2699

A BILL TO BE ENTITLED

AN ACT

relating to the creation of special monitors for the Commission on Jail Standards.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 511, Government Code, is amended by adding Section 511.018 to read as follows:

Sec. 511.018. SPECIAL MONITORS. (a) The executive director may place under a special monitor any correctional facility that fails three consecutive annual inspections due to management-related deficiencies.

(b) A correctional facility that fails an annual inspection due to management-related deficiencies but subsequently corrects those deficiencies and passes a reinspection is not considered to have failed an annual inspection for purposes of Subsection (a).

(c) The executive director shall select persons with whom the commission shall contract to serve as special monitors for the commission. The commission shall provide training and supervision for persons with whom the commission contracts under this subsection.

(d) In selecting persons with whom the commission contracts under Subsection (c), the executive director shall:

(1) select persons who are not employees of the commission or a correctional facility;

(2) comply with any applicable requirement or standard established by the Texas Building and Procurement Commission; and

(3) use criteria related to the nature of the deficiency that resulted in the facility's report of noncompliance.

(e) A contract entered under this section must:

(1) set an amount of monthly compensation to be paid to the special monitor; and

(2) expire on the 90th day after the date the correctional facility under review and monitoring by the special monitor is certified by the commission to comply with all applicable state laws and minimum standards with respect to which the facility was found to have management-related deficiencies.

(f) A special monitor shall:

(1) ensure that the correctional facility is taking adequate measures to remedy any management-related deficiency that resulted in the facility's report of noncompliance;

(2) suggest in writing to the correctional facility additional measures the facility could take to remedy any deficiency described by Subdivision (1);

(3) provide to each entity that owns the correctional facility or that is responsible for the operation of the correctional facility a written quarterly report concerning the status and progress of the review; and

(4) provide to the commission at each regular quarterly commission meeting the report described by Subdivision (3).

(g) At the end of each month any portion of which a special monitor reviewed a correctional facility, the special monitor shall submit to the executive director a bill for the review and monitoring of the correctional facility conducted by the special monitor. If the executive director determines that the bill complies with the terms of the special monitor's contract, the executive director shall immediately forward the bill to the county or municipality that operates the correctional facility or for which a private vendor operates the correctional facility.

(h) A county or municipality that receives a bill from the executive director under Subsection (g) shall make payment on the bill in the same manner as the county or municipality makes payments on other county or municipal obligations.

SECTION 2. Section 511.0091, Government Code, is amended by adding Subsection (e) to read as follows:

(e) To reimburse the commission for costs incurred in implementing and administering Section 511.018, the commission shall collect a fee from a county or municipality that operates a correctional facility or for which a private vendor operates a correctional facility that is placed under a special monitor under that section. The fee must be in an amount equal to two percent of the total amount paid by the county or municipality to the special monitor under Section 511.018(h).

SECTION 3. This Act takes effect September 1, 2007.