87R9728 MCF-D

By: White H.B. No. 2444

A BILL TO BE ENTITLED

AN ACT

relating to the creation of an advisory committee regarding the confinement in county jail of persons with intellectual or developmental disabilities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 511, Government Code, is amended by adding Section 511.022 to read as follows:

Sec. 511.022. ADVISORY COMMITTEE. (a) The commission shall establish an advisory committee to advise the commission and make recommendations on matters related to the confinement in county jail of persons with intellectual or developmental disabilities.

(b) The advisory committee consists of 11 members appointed by the presiding officer of the commission, with the commission's approval, as follows:

(1) one representative of the commission;

(2) one representative of the Department of State Health Services;

(3) one representative of the Health and Human Services Commission with expertise in intellectual and developmental disabilities;

(4) one representative of the Texas Commission on Law Enforcement;

(5) one representative of the Texas Correctional Office on Offenders with Medical or Mental Impairments;

(6) one sheriff of a county with a population of 80,000 or more;

(7) one sheriff of a county with a population of less than 80,000;

(8) one representative of a statewide organization that advocates for individuals with intellectual and developmental disabilities;

(9) one representative who is a mental health professional with a focus on trauma and intellectual and developmental disabilities;

(10) one representative from a state supported living center; and

(11) one member who represents the public.

(c) Members of the advisory committee serve staggered six-year terms, with the terms of three or four members expiring January 31 of each odd-numbered year. If a vacancy occurs during a member's term, the presiding officer of the commission, with the commission's approval, shall appoint a replacement to fill the unexpired term.

(d) The presiding officer of the commission shall designate one member of the advisory committee to serve as presiding officer of the committee for a two-year term.

(e) The advisory committee shall:

(1) gather and review data regarding the confinement in county jails of persons with intellectual or developmental disabilities; and

(2) provide recommendations and guidelines to sheriffs and counties regarding the confinement of persons with intellectual or developmental disabilities.

(f) Not later than December 1 of each even-numbered year, the advisory committee shall submit a report that includes recommendations for legislative or other action related to the confinement of persons with intellectual or developmental disabilities in county jails to:

(1) the governor;

(2) the lieutenant governor;

(3) the speaker of the house of representatives; and

(4) each standing committee of the legislature with primary jurisdiction over the commission.

(g) Chapter 2110, Government Code, does not apply to the size, composition, or duration of the advisory committee or to the designation of the committee's presiding officer.

SECTION 2. (a) Not later than January 1, 2022, the presiding officer of the Commission on Jail Standards shall appoint members to the advisory committee created under Section 511.022, Government Code, as added by this Act.

(b) Notwithstanding Section 511.022(c), Government Code, as added by this Act, in making the initial appointments to the advisory committee, the presiding officer of the commission shall designate four members to serve terms expiring January 31, 2023, four members to serve terms expiring January 31, 2025, and three members to serve terms expiring January 31, 2027.

SECTION 3. The advisory committee created under Section 511.022, Government Code, as added by this Act, shall submit its first report under Section 511.022(f), Government Code, as added by this Act, not later than December 1, 2022.

SECTION 4. This Act takes effect September 1, 2021.