BILL ANALYSIS

H.B. 1355

By: Sherman, Sr.

Corrections

Committee Report (Unamended)

BACKGROUND AND PURPOSE

According to a 2017 article published by the Texas Tribune, the Texas Department of Criminal Justice (TDCJ) has lost millions of dollars in lawsuits due to deaths in Texas prisons from extreme temperature conditions. Additionally, due to staff shortages, correctional officers often cannot take respite from the heat, which leads to officers being unable to do their jobs safely and effectively. The lack of air conditioning also leads to increased irritability of incarcerated people already living in very close quarters, and this could lead to more disagreements and fights amongst the residents, which presents a security concern. H.B. 1355 seeks to ensure that each cellblock, dormitory, and common area in a TDCJ facility is equipped with an air conditioning unit that will maintain air temperature at no less than 65 degrees Fahrenheit and no more than 85 degrees Fahrenheit.

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

H.B. 1355 amends the Government Code to require the Texas Department of Criminal Justice (TDCJ) to ensure that each cellblock, dormitory, and common area in a facility operated by TDCJ is equipped with an air conditioning unit that is operating to maintain the air temperature at not less than 65 degrees Fahrenheit or more than 85 degrees Fahrenheit. TDCJ is expressly not required to comply with this requirement until September 1, 2025.

EFFECTIVE DATE

September 1, 2023.