Amend SB 1009 on third reading by striking added Section 
511.0102, Government Code, as added by Amendment No. 2 to CSSB 1009
by Martinez Fischer, and substituting:
	Sec. 511.0102.  WAIVER OF CERTAIN PRISONERS IN CALCULATING 
JAIL POPULATION FOR COMPLIANCE DETERMINATIONS.  (a)  The commission 
may:
		(1)  grant a variance to a rule, standard, or procedure 
of the commission that is based on, or includes as a factor in 
compliance, the population of the jail;  and
		(2)  allow a jail to exclude from the calculation of the 
population of the jail any prisoner who is:
			(A)  detained for only a technical violation of 
the conditions of the prisoner's parole;  or
			(B)  described by Section 511.0101(a)(1)(K).                          
	(b)  The commission may not grant a variance under Subsection 
(a)(1) that would result in an inadequate number of corrections 
officers being available to provide safe, suitable, and sanitary 
conditions in a jail.
	(c)  For each circumstance in which the commission 
determines that a county jail does not comply with a rule, standard, 
or procedure of the commission that is based on, or includes as a 
factor in compliance, the population of the jail, the commission 
shall:
		(1)  determine whether the jail would be in compliance 
if the jail excluded from the calculation of the population of the 
jail any prisoner described by Subsection (a)(2);  and
		(2)  notify the jail of the determination made under 
Subdivision (1).