81R7939 KCR-D

By: Carona S.B. No. 1509

A BILL TO BE ENTITLED

AN ACT

relating to the Correctional Facility Capacity Commission.

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

SECTION 1. Subtitle G, Title 4, Government Code, is amended by adding Chapter 512 to read as follows:

CHAPTER 512. CORRECTIONAL FACILITY CAPACITY COMMISSION

SUBCHAPTER A. GENERAL AND ADMINISTRATIVE PROVISIONS

Sec. 512.001. DEFINITIONS. In this chapter:

(1) "Commission" means the Correctional Facility Capacity Commission.

(2) "Correctional facility" means:

(A) any place described by Section 1.07(14), Penal Code; and

(B) a secure detention facility or secure correctional facility, as defined by Section 51.02, Family Code.

Sec. 512.002. SUNSET PROVISION. The Correctional Facility Capacity Commission is subject to Chapter 325 (Texas Sunset Act). Unless continued in existence as provided by that chapter, the commission is abolished and this chapter expires September 1, 2021.

Sec. 512.003. ADMINISTRATIVE ATTACHMENT. The commission is administratively attached to the Texas Department of Criminal Justice.

Sec. 512.004. COMPOSITION OF COMMISSION. (a) The commission is composed of 20 members as follows:

(1) 15 public members appointed as follows:

(A) five public members appointed by the governor;

(B) five public members appointed by the lieutenant governor; and

(C) five public members appointed by the speaker of the house of representatives; and

(2) five ex officio members as follows:

(A) the executive director of the Texas Department of Criminal Justice;

(B) the executive commissioner of the Texas Youth Commission;

(C) the chief justice of the Texas Supreme Court;

(D) the president of the Texas Police Chiefs Association; and

(E) the president of the Sheriffs' Association of Texas.

(b) The speaker of the house of representatives shall designate a member of the house and the lieutenant governor shall designate a member of the senate to advise the commission.

Sec. 512.005. PUBLIC MEMBERS: ELIGIBILITY; APPOINTMENT; VACANCY. (a) A person appointed as a public member of the commission must be a resident of this state.

(b) Public members of the commission must include:

(1) persons who have served prominently as leaders of or spokespersons for public or private organizations that advocate for or on behalf of individuals confined in a correctional facility in this state; and

(2) persons who have significant professional experience in the fields of criminal justice, statistics, and demographics.

(c) Appointments of public members to the commission shall be made:

(1) without regard to the race, color, disability, sex, religion, age, or national origin of an appointee; and

(2) so that each geographic area of this state is represented on the commission.

(d) The original appointing authority shall fill any vacancy in an appointed position on the commission for the unexpired portion of the term.

Sec. 512.006. EX OFFICIO MEMBERS: ELIGIBILITY; DESIGNATION OF REPRESENTATIVE. (a) An ex officio member of the commission vacates the person's position on the commission if the person ceases to hold the position that qualifies the person for service on the commission.

(b) An ex officio member may designate a representative to serve on the commission in the member's absence. A representative designated under this subsection must be an officer or employee of the state agency or entity that employs the ex officio member.

Sec. 512.007. REMOVAL OF PUBLIC MEMBER. (a) It is a ground for removal of a public member from the commission if the member:

(1) is ineligible for public membership under Section 512.005(a);

(2) cannot because of illness or disability discharge the member's duties for a substantial part of the term for which the member is appointed; or

(3) is absent from more than three consecutive regularly scheduled commission meetings that the member is eligible to attend during a calendar year unless the absence is excused by majority vote of the commission.

(b) The validity of an action of the commission is not affected by the fact that it is taken when a ground for removal of a commission member exists.

(c) If a member of the commission has knowledge that a potential ground for removal exists, the member shall notify the presiding officer of the commission of the potential ground. The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists.

Sec. 512.008. TERM OF PUBLIC MEMBER. (a) A public member of the commission serves a term of four years.

(b) A public member is eligible for reappointment to another term or part of a term.

(c) A public member may not serve more than two consecutive terms. For purposes of this prohibition, a member is considered to have served a term only if the member has served more than half of the term.

Sec. 512.009. OFFICERS; SUBCOMMITTEES. (a) The governor shall designate a public member of the commission as presiding officer to serve in that capacity at the pleasure of the governor.

(b) The presiding officer of the commission may appoint a subcommittee for any purpose consistent with the duties of the commission under this chapter.

Sec. 512.010. COMPENSATION; EXPENSES. (a) A public member of the commission and an ex officio member of the commission that is not employed by an agency or an entity of this state is not entitled to compensation but is entitled to reimbursement for the travel expenses incurred by the member while transacting commission business, as provided by the General Appropriations Act.

(b) For an ex officio member employed by an agency or an entity of this state, the member's service on the commission is an additional duty of the underlying position that qualifies the member for service on the commission. The entitlement of the ex officio member to compensation or to reimbursement for travel expenses incurred while transacting commission business is governed by the law that applies to the member's service in that underlying position, and any payment to the member for either purpose must be made from money that may be used for the purpose and is available to the agency or entity of this state that the member serves in that underlying position.

Sec. 512.011. MEETINGS; QUORUM; VOTING; PUBLIC ACCESS. (a) The commission shall meet at least quarterly at the times and places in this state that the commission designates.

(b) Eight voting members of the commission constitute a quorum for transacting commission business.

(c) An ex officio member of the commission may not vote on commission business.

(d) The commission shall develop and implement policies that provide the public with a reasonable opportunity to appear before the commission and speak on any issue under the jurisdiction of the commission.

Sec. 512.012. COORDINATOR. The Texas Department of Criminal Justice shall provide one part-time employee to serve as the coordinator for the commission to transact commission business.

[Sections 512.013-512.050 reserved for expansion]

SUBCHAPTER B. POWERS AND DUTIES; FUNDING

Sec. 512.051. ADVISORY STATUS OF COMMISSION. (a) In implementing its powers and duties under this chapter, the commission functions only in an advisory capacity. Membership on the commission does not constitute a public office.

(b) Chapter 2110 does not apply to the commission.

Sec. 512.052. GENERAL POWERS AND DUTIES OF COMMISSION. (a) The commission shall:

(1) analyze the most recent available census information regarding projected population growth in this state and any attendant projected increase in the crime rate in this state;

(2) examine the current capacity of all correctional facilities in this state; and

(3) make recommendations concerning whether to increase, decrease, or maintain at the same level the number of correctional facility beds in this state over the 10-year period following the date of a report issued under Subsection (b).

(b) The commission shall issue a report containing the information described by Subsection (a) not later than the first anniversary of the date the population of this state reaches 29 million and the first anniversary of each later date the population of this state increases by 5 million. The commission shall deliver the report to:

(1) the governor;

(2) the lieutenant governor;

(3) the speaker of the house of representatives; and

(4) the standing committees of the senate and house of representatives with primary jurisdiction over correctional facilities in this state.

(c) The commission shall adopt rules as necessary for its own procedures.

(d) The commission may appoint advisory committees to advise the commission.

Sec. 512.053. FUNDING. (a) The commission may accept gifts and grants from a public or private source for the commission to use in performing the commission's powers and duties under this chapter.

(b) The Texas Department of Criminal Justice may provide staff and may support functions and activities of the commission from money available to the department that may be used for this purpose. The legislature may also specifically appropriate money to the department to provide staff and to otherwise support functions and activities of the commission.

SECTION 2. As soon as practicable after the effective date of this Act, appointments of public members shall be made to the Correctional Facility Capacity Commission as provided by Chapter 512, Government Code, as added by this Act. Notwithstanding Section 512.008, Government Code, as added by this Act, the terms of initial public members appointed to the Correctional Facility Capacity Commission expire February 1, 2015.

SECTION 3. This Act takes effect September 1, 2009.