87R19355 MCF-D
 
  By: White, Spiller H.B. No. 2831
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to 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 13 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)  two representatives of statewide organizations
  that advocate 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;
               (11)  one member who has an intellectual or
  developmental disability or whose family member has an intellectual
  or developmental disability; and
               (12)  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 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.  Chapter 511, Government Code, is amended by
  adding Section 511.023 to read as follows:
         Sec. 511.023.  INTAKE OF PERSONS WITH INTELLECTUAL OR
  DEVELOPMENTAL DISABILITIES. (a) The commission, with the
  assistance of the advisory committee established under Section
  511.022, shall:
               (1)  monitor the intake processes in county jails to
  assess each county jail's ability to properly identify persons with
  intellectual or developmental disabilities; and
               (2)  assist county jails in improving the intake
  processes with respect to persons with intellectual or
  developmental disabilities.
         (b)  The commission shall periodically update the intake
  screening form adopted by the commission for use by county jails as
  necessary to reflect the recommendations of the advisory committee
  established under Section 511.022.
         (c)  Not later than December 1, 2022, the commission, with
  the assistance of the advisory committee established under Section
  511.022, shall prepare and submit a report to the governor, the
  lieutenant governor, the speaker of the house of representatives,
  each standing committee of the legislature with primary
  jurisdiction over the commission, and each sheriff that includes:
               (1)  a discussion of any deficiencies in the intake
  processes that have been identified by the commission; and
               (2)  recommendations to improve county jail practices
  regarding identifying persons with intellectual or developmental
  disabilities.
         (d)  This subsection and Subsection (c) expire January 1,
  2023.
         SECTION 3.  Subchapter F, Chapter 1701, Occupations Code, is
  amended by adding Section 1701.269 to read as follows:
         Sec. 1701.269.  TRAINING PROGRAM RELATING TO COUNTY JAILER
  INTERACTIONS WITH PERSONS WITH INTELLECTUAL OR DEVELOPMENTAL
  DISABILITIES. (a)  The commission and the Commission on Jail
  Standards shall jointly develop, with the assistance of the
  advisory committee established under Section 511.022, Government
  Code, a training program for county jailers that consists of at
  least four hours of education and training on interacting with a
  person with an intellectual or developmental disability who is
  confined in a county jail, including techniques to assess a person
  for an intellectual or developmental disability.
         (b)  A county jailer who completes the training program may
  count the hours toward the jailer's continuing education
  requirements under this chapter.
         SECTION 4.  (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 five
  members to serve terms expiring January 31, 2027.
         SECTION 5.  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 6.  Not later than January 1, 2022, the Texas
  Commission on Law Enforcement shall develop the training program
  required by Section 1701.269, Occupations Code, as added by this
  Act.
         SECTION 7.  This Act takes effect September 1, 2021.