82R9587 MAW-F
 
  By: Jackson H.B. No. 3728
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the composition of and powers and duties of the
  Commission on Jail Standards.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 511.004(a) and (b), Government Code,
  are amended to read as follows:
         (a)  The commission consists of 15 [nine] members appointed
  by the governor with the advice and consent of the senate. Two
  members [One member] must be sheriffs [a sheriff] of counties [a
  county] with populations [a population] of more than 35,000, two
  members [one] must be sheriffs [a sheriff] of counties [a county]
  with populations [a population] of 35,000 or less, three members
  [one] must be [a] county judges [judge], three members [one] must be
  [a] county commissioners [commissioner], one member must be a
  practitioner of medicine licensed by the Texas State Board of
  Medical Examiners, and the other four members must be
  representatives of the general public. At least one of the four
  citizen members must be from a county with a population of 35,000 or
  less.
         (b)  The sheriffs, county judges [judge], and county
  commissioners [commissioner] appointed to the commission shall
  perform the duties of a member in addition to their other duties.
         SECTION 2.  Section 511.0091, Government Code, is amended by
  adding Subsection (c-2) to read as follows:
         (c-2)  In addition to the other fees authorized by this
  section, the commission by a two-thirds vote may set and collect a
  reasonable annual fee from each jail under the commission's
  jurisdiction.
         SECTION 3.  Section 511.011, Government Code, is amended to
  read as follows:
         Sec. 511.011.  REPORT ON NONCOMPLIANCE. If the commission
  finds that a county jail does not comply with state law, including
  Chapter 89, Health and Safety Code, or the rules, standards, or
  procedures of the commission adopted under Section 511.009(a)(2),
  it shall report the noncompliance to the county commissioners and
  sheriff of the county responsible for the county jail and shall send
  a copy of the report to the governor.
         SECTION 4.  (a) Promptly after this Act takes effect, the
  governor shall appoint six additional members to the Commission on
  Jail Standards. In appointing those members, the governor shall
  appoint two people to terms expiring January 31, 2013, two people to
  terms expiring January 31, 2015, and two people to terms expiring
  January 31, 2017. The governor shall ensure that the appointments
  to the commission comply with the requirements of Section
  511.004(a), Government Code, as amended by this Act.
         (b)  Until all appointees to the Commission on Jail Standards
  have taken office, a quorum of the commission is a majority of the
  number of members who are qualified.
         SECTION 5.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2011.