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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).