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A BILL TO BE ENTITLED
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AN ACT
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relating to procedures governing declared disasters for the Texas |
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Department of Criminal Justice. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle G, Title 4, Government Code, is amended |
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by adding Chapter 509A to read as follows: |
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CHAPTER 509A. PROCEDURES FOR DECLARED DISASTERS |
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Sec. 509A.001. DEFINITION. In this chapter, "declared |
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disaster" means a disaster declared by: |
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(1) the governor under Chapter 418; or |
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(2) the president of the United States under the |
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Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 |
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U.S.C. Section 5121 et seq.), if any part of this state is named in |
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the federally declared disaster area. |
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Sec. 509A.002. ADVISORY BOARD. (a) An advisory board is |
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established to provide the department with recommendations for the |
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emergency response plan developed under Section 509A.003 and to |
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update those recommendations annually. |
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(b) The advisory board is composed of: |
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(1) the executive director or the executive director's |
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designee; |
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(2) the commissioner of public health of the |
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Department of State Health Services or the commissioner's designee; |
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and |
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(3) the following members appointed by the governor: |
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(A) at least two members, each of whom is a |
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correctional officer employed by the department at the level of |
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sergeant or lower and is a member of an employee organization the |
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majority of the membership of which consists of department |
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employees; |
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(B) at least two members, each of whom has |
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previously been incarcerated; |
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(C) two members, each of whom is a family member |
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of an inmate; |
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(D) one member who has a background in emergency |
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planning and has previously created an emergency management program |
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for accreditation purposes; and |
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(E) one member with a background in public health |
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who is capable of ascertaining vulnerabilities to emerging diseases |
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or infections that could affect the department's operations. |
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(c) In developing and updating the recommendations required |
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by this section: |
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(1) the advisory board shall consider all strategies |
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to plan for emergency situations, including plans to prevent |
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interruptions to the provision of educational and rehabilitative |
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programming to inmates; |
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(2) the advisory board may access any facility |
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operated by or under contract with the department; and |
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(3) the department shall provide the advisory board |
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with access to all relevant information necessary to make the |
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recommendations. |
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(c-1) Not later than March 1, 2024, the advisory board shall |
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develop the initial recommendations required by this section and |
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submit those recommendations to the department. This subsection |
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expires September 1, 2024. |
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(d) Not later than March 1 of each year, the advisory board |
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shall update the recommendations developed under this section and |
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submit those recommendations to the department. |
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(e) If the department's response to a declared disaster is |
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inconsistent with the recommendations submitted under this |
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section, the advisory board may obtain any relevant data and |
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reports and may conduct interviews with inmates and other relevant |
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persons to identify any consequences of the department's response. |
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(f) Chapter 2110 does not apply to the composition or |
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duration of the advisory board. |
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Sec. 509A.003. EMERGENCY RESPONSE PLAN. (a) The |
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department shall develop an emergency response plan to be |
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implemented when responding to a declared disaster. |
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(b) The emergency response plan must specify the operating |
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procedures that will be implemented by a correctional facility |
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during a declared disaster, including: |
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(1) evacuation procedures for inmates and employees of |
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the facility; |
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(2) guidelines for employees of the facility to ensure |
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their safety and well-being; and |
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(3) provisions to: |
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(A) prevent or minimize extended lockdowns or |
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periods of inmate segregation in a correctional facility; |
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(B) ensure that an inmate may continue to |
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participate, during any extended period of a declared disaster, in |
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any classes or programs that the Board of Pardons and Paroles has |
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required the inmate to complete before being released on parole; |
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(C) ensure that inmates have commissary access at |
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regular intervals during any extended period of a declared |
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disaster; |
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(D) ensure that the department and each |
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correctional facility have sufficient quantities of personal |
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protective equipment for employees and inmates; |
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(E) ensure that an inmate is not denied access to |
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medical care, medication, or personal hygiene items; and |
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(F) prohibit a correctional facility from |
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suspending in-person inmate visitation during any extended period |
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of a declared disaster, provided that a correctional facility may |
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temporarily institute video visitation for the health and safety of |
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inmates and staff. |
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SECTION 2. The Texas Department of Criminal Justice shall |
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develop the emergency response plan required by Section 509A.003, |
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Government Code, as added by this Act, not later than the 180th day |
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after the date the advisory board submits recommendations to the |
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department as required by Section 509A.002(c-1), Government Code, |
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as added by this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |