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A BILL TO BE ENTITLED
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AN ACT
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relating to the composition of and powers and duties of the |
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Commission on Jail Standards. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 511.004(a) and (b), Government Code, |
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are amended to read as follows: |
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(a) The commission consists of 15 [nine] members appointed |
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by the governor with the advice and consent of the senate. Two |
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members [One member] must be sheriffs [a sheriff] of counties [a
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county] with populations [a population] of more than 35,000, two |
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members [one] must be sheriffs [a sheriff] of counties [a county] |
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with populations [a population] of 35,000 or less, three members |
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[one] must be [a] county judges [judge], three members [one] must be |
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[a] county commissioners [commissioner], one member must be a |
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practitioner of medicine licensed by the Texas State Board of |
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Medical Examiners, and the other four members must be |
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representatives of the general public. At least one of the four |
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citizen members must be from a county with a population of 35,000 or |
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less. |
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(b) The sheriffs, county judges [judge], and county |
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commissioners [commissioner] appointed to the commission shall |
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perform the duties of a member in addition to their other duties. |
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SECTION 2. Section 511.0091, Government Code, is amended by |
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adding Subsection (c-2) to read as follows: |
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(c-2) In addition to the other fees authorized by this |
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section, the commission by a two-thirds vote may set and collect a |
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reasonable annual fee from each jail under the commission's |
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jurisdiction. |
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SECTION 3. Section 511.011, Government Code, is amended to |
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read as follows: |
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Sec. 511.011. REPORT ON NONCOMPLIANCE. If the commission |
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finds that a county jail does not comply with state law, including |
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Chapter 89, Health and Safety Code, or the rules, standards, or |
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procedures of the commission adopted under Section 511.009(a)(2), |
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it shall report the noncompliance to the county commissioners and |
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sheriff of the county responsible for the county jail and shall send |
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a copy of the report to the governor. |
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SECTION 4. (a) Promptly after this Act takes effect, the |
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governor shall appoint six additional members to the Commission on |
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Jail Standards. In appointing those members, the governor shall |
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appoint two people to terms expiring January 31, 2013, two people to |
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terms expiring January 31, 2015, and two people to terms expiring |
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January 31, 2017. The governor shall ensure that the appointments |
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to the commission comply with the requirements of Section |
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511.004(a), Government Code, as amended by this Act. |
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(b) Until all appointees to the Commission on Jail Standards |
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have taken office, a quorum of the commission is a majority of the |
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number of members who are qualified. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |