83R3390 JRR-F

By: Allen H.B. No. 877

A BILL TO BE ENTITLED

AN ACT

relating to the establishment of the Texas Department of Criminal Justice Oversight Committee.

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. TEXAS DEPARTMENT OF CRIMINAL JUSTICE

OVERSIGHT COMMITTEE

Sec. 512.001. DEFINITIONS. In this chapter:

(1) "Committee" means the Texas Department of Criminal Justice Oversight Committee.

(2) "Correctional facility" means a facility operated by or under contract with the department.

Sec. 512.002. ESTABLISHMENT; COMPOSITION. (a) The committee is established to provide a continuing program of inspection and oversight for each correctional facility.

(b) The committee is composed of eight members as follows:

(1) four members of the senate appointed by the lieutenant governor, not more than two of whom are members of the same political party; and

(2) four members of the house of representatives appointed by the speaker of the house of representatives, not more than two of whom are members of the same political party.

(c) In making appointments to the committee, the lieutenant governor or the speaker of the house of representatives, as applicable, shall give first consideration to members of the Senate Committee on Criminal Justice or the House Committee on Corrections.

(d) A member of the committee serves at the pleasure of the appointing official.

(e) Not later than the 15th day after the date a regular session of the legislature convenes, the lieutenant governor and the speaker of the house of representatives shall make appointments to the committee under this section.

Sec. 512.003. TERMS; VACANCY. (a) Each member of the committee serves a term beginning on the date the member is appointed and ending on the date the next regular session of the legislature convenes, unless the member ceases to be a member of the legislature.

(b) If a vacancy occurs during a member's term, the appropriate appointing official shall appoint a qualified person to serve for the unexpired term.

Sec. 512.004. PRESIDING OFFICER. (a) The lieutenant governor and the speaker of the house of representatives shall appoint the presiding officer of the committee on an alternating basis.

(b) The term of a presiding officer of the committee may not exceed two years.

Sec. 512.005. COMPENSATION AND REIMBURSEMENT. A member of the committee serves without compensation for service on the committee but is entitled to reimbursement for travel and other necessary expenses as provided by Chapter 660 and the General Appropriations Act.

Sec. 512.006. STAFF; AUTHORITY TO CONTRACT. (a) The committee shall employ a director and other staff and may contract for the provision of services as necessary to carry out the committee's duties.

(b) The committee shall direct the work of the director and staff of the committee.

(c) The committee may not employ a person who is employed by or affiliated with or who contracts to provide services to:

(1) the department, including an ombudsman program operated by the department; or

(2) the board.

Sec. 512.007. COMPENSATION OF STAFF. (a) The director shall receive a salary and compensation in an amount determined by the presiding officer of the committee.

(b) The director shall determine the salaries and compensation of other committee staff.

Sec. 512.008. ATTORNEY GENERAL AS LEGAL ADVISOR. The attorney general shall act as legal advisor for the committee.

Sec. 512.009. COMMITTEE POWERS AND DUTIES. (a) The committee shall:

(1) provide for the regular inspection of each correctional facility; and

(2) submit reports to the board and the legislature, in accordance with Subsection (c), that include:

(A) the results of the committee's inspections since the most recent inspections included in a report to the board or legislature, as applicable, including an evaluation of the inmate grievance procedure at each inspected facility; and

(B) any recommendations concerning policy changes or other means by which to improve the conditions or operations of correctional facilities in this state.

(b) The committee shall ensure that:

(1) not fewer than a total of 25 correctional facilities are inspected each two-year period, including not fewer than 5 correctional facilities that are operated under contract with the department; and

(2) each inspection includes one or more visitations during:

(A) a general meal period; and

(B) a rehabilitative or educational program.

(c) The committee shall submit a report to:

(1) the board once every six months at a regularly scheduled meeting of the board; and

(2) the legislature once every two years not later than the 15th day after the date a regular session of the legislature convenes.

Sec. 512.010. COMMUNICATION AND CONFIDENTIALITY. (a) The department shall:

(1) allow a member of the committee or its staff to access any part of a correctional facility, without advance notice, for the purpose of conducting an inspection; and

(2) allow any person imprisoned or confined in a correctional facility, or any correctional officer or other person employed at a correctional facility, to communicate in person, by mail, or by any other means with a member of the committee or its staff.

(b) The department may not open or inspect any letter between a member of the committee or its staff and a person imprisoned or confined in a correctional facility.

(c) The department may not take any adverse action against a person imprisoned or confined in a correctional facility or employed by a correctional facility as a result of a communication between the person and a member of the committee or its staff.

(d) A communication described by Subsection (a)(2) is confidential and not subject to public disclosure under Chapter 552 or other law.

Sec. 512.011. PUBLIC AND INMATE AWARENESS. The committee shall make available to the public and any person imprisoned or confined in a correctional facility information regarding:

(1) the manner by which the committee may be contacted; and

(2) the purpose, duties, and responsibilities of the committee.

Sec. 512.012. OTHER LAW. The committee is not subject to Chapter 2110.

SECTION 2. Not later than the 60th day after the effective date of this Act, the lieutenant governor and the speaker of the house of representatives shall appoint the initial members to the Texas Department of Criminal Justice Oversight Committee under Chapter 512, Government Code, as added by this Act.

SECTION 3. 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, 2013.