BILL ANALYSIS

H.B. 3691

By: Gallego

Corrections

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Certain interested parties seek clarification regarding community supervision and corrections departments in a judicial district because an attorney general opinion from nearly 30 years ago appears to require a judicial district to create its own department. The parties report that there are situations where certain arrangements between districts regarding this function have worked well and that the law on this subject needs to be addressed to prevent any future problems.  H.B. 3691 seeks to clarify the authority of a judicial district to contract with a community supervision and corrections department established for another judicial district.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly granted to the Texas Board of Criminal Justice in SECTION 1 of this bill.

ANALYSIS

H.B. 3691 amends the Government Code to authorize programs and services that would be provided in a judicial district by a community supervision and corrections department established in the judicial district, in lieu of establishing such a department, to be provided in the judicial district through a contract with a community supervision and corrections department established for another judicial district. The bill requires the Texas Board of Criminal Justice to adopt rules allowing departments to contract with one another as provided by the bill's provisions and requires, rather than authorizes, the board to adopt rules allowing departments to contract with one another for services or facilities.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2011.