BILL ANALYSIS

C.S.H.B. 1956

By: Dutton

Corrections

Committee Report (Substituted)

BACKGROUND AND PURPOSE

There are concerns about local governments and the legislature having no role in the approval of alternative housing facilities for parolees in certain counties, despite local ordinances that may set out public safety criteria for these facilities. Furthermore, it has been noted that some cities and counties often have no knowledge of these approved facilities or parolee placement, prohibiting them from addressing complaints from citizens regarding overcrowded or nuisance locations that may be housing parolees. C.S.H.B. 1956 seeks to address these issues by establishing certain contract and notice requirements applicable to certain facilities used to house inmates or releasees from the Texas Department of Criminal Justice.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 1956 amends the Government Code to prohibit the Texas Board of Criminal Justice (TBCJ) from entering into a lease or contract with an operator of an alternative housing facility that is located in a county with a population of 3.3 million or more for the housing of inmates unless the operator submits to TBCJ a permit or other documentation showing that the facility is in compliance with all applicable municipal and county regulations. The bill requires the Texas Department of Criminal Justice (TDCJ) to require that an applicant to participate as a provider in a program designed to provide alternative housing for two or more unrelated releasees in such a county submit with the application, in the manner specified by TDCJ, a permit or other documentation showing that the proposed alternative housing facility is in compliance with all applicable municipal and county regulations.

C.S.H.B. 1956 requires TDCJ to maintain a list of facilities located in such a county that provide alternative housing to two or more unrelated releasees and a list of releasees being housed at such a facility and sets out certain information required to be included in each list. The bill requires TDCJ, on request of a county or municipality, to provide the lists to the county or municipality on a monthly basis by secured electronic mail and in a machine-readable format. The bill requires a county or municipality to notify TDCJ if the county or municipality does not want to continue to receive the lists. The bill requires TDCJ to provide the lists to a member of the legislature on request by the member.  

EFFECTIVE DATE

September 1, 2019.

COMPARISON OF ORIGINAL AND SUBSTITUTE

While C.S.H.B. 1956 may differ from the original in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The substitute restricts the applicability of the bill's provisions to alternative housing that is located in a county with a population of 3.3 million or more.