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A BILL TO BE ENTITLED
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AN ACT
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relating to the Criminal Justice Legislative Oversight Committee, |
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the appointment of members, and the members' duties and |
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responsibilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 328.001, Government Code, is amended to |
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read as follows: |
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Sec. 328.001. DEFINITIONS [DEFINITION]. In this chapter: |
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(1) "Board" means the Legislative Budget Board. |
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(2) "Committee" [, "committee"] means the Criminal |
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Justice Legislative Oversight Committee. |
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(3) "Correctional facility" means a facility operated |
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by or under contract with the department. |
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(4) "Department" means the Texas Department of |
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Criminal Justice. |
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SECTION 2. Section 328.002(b), Government Code, is amended |
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to read as follows: |
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(b) The committee is composed of six members as follows: |
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(1) the chair of the Senate Committee on Criminal |
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Justice; |
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(2) the chair of the House Committee on Corrections; |
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(3) two members of the senate appointed by the |
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lieutenant governor, neither of whom may be members of the same |
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political party; and |
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(4) two members of the house of representatives |
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appointed by the speaker of the house of representatives, neither |
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of whom may be members of the same political party. |
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SECTION 3. Section 328.004, Government Code, is amended by |
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adding Subsections (c), (d), and (e) to read as follows: |
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(c) The committee shall: |
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(1) provide for the regular inspection of each |
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correctional facility; and |
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(2) submit reports to the board and the legislature, |
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in accordance with Subsection (e), that include: |
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(A) the results of the committee's inspections |
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since the most recent inspections included in a report to the board |
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or legislature, as applicable, including an evaluation of the |
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inmate grievance procedure at each inspected facility; and |
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(B) any recommendations concerning policy |
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changes or other means by which to improve the conditions or |
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operations of correctional facilities in this state. |
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(d) The committee shall ensure that: |
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(1) not fewer than a total of 25 correctional |
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facilities are inspected each two-year period, including not fewer |
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than 5 correctional facilities that are operated under contract |
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with the department; and |
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(2) each inspection includes one or more visitations |
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during: |
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(A) a general meal period; and |
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(B) a rehabilitative or educational program. |
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(e) The committee shall submit a report to: |
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(1) the board once every six months at a regularly |
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scheduled meeting of the board; and |
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(2) the legislature once every two years not later |
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than the 15th day after the date a regular session of the |
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legislature convenes. |
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SECTION 4. Chapter 328, Government Code, is amended by |
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adding Sections 328.0041 and 328.0051 to read as follows: |
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Sec. 328.0041. COMMUNICATION AND CONFIDENTIALITY. (a) The |
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department shall: |
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(1) allow a member of the committee or its staff to |
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access any part of a correctional facility, without advance notice, |
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for the purpose of conducting an inspection; and |
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(2) allow any person imprisoned or confined in a |
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correctional facility, or any correctional officer or other person |
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employed at a correctional facility, to communicate in person, by |
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mail, or by any other means with a member of the committee or its |
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staff. |
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(b) The department may not open or inspect any letter |
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between a member of the committee or its staff and a person |
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imprisoned or confined in a correctional facility. |
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(c) The department may not take any adverse action against a |
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person imprisoned or confined in a correctional facility or |
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employed by a correctional facility as a result of a communication |
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between the person and a member of the committee or its staff. |
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(d) A communication described by Subsection (a)(2) is |
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confidential and not subject to public disclosure under Chapter 552 |
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or other law. |
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Sec. 328.0051. PUBLIC AND INMATE AWARENESS. The committee |
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shall make available to the public and any person imprisoned or |
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confined in a correctional facility information regarding: |
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(1) the manner by which the committee may be |
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contacted; and |
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(2) the purpose, duties, and responsibilities of the |
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committee. |
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SECTION 5. Section 328.007, Government Code, is repealed. |
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SECTION 6. Not later than January 1, 2014, the speaker of |
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the house of representatives and the lieutenant governor shall |
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conform their respective appointments to the Criminal Justice |
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Legislative Oversight Committee as necessary to meet the |
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requirements of Section 328.002(b), Government Code, as amended by |
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this Act. |
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SECTION 7. 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, 2013. |