BILL ANALYSIS

H.B. 3006

By: Canales

Corrections

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Currently, county jails are required to maintain a temperature between 65 degrees Fahrenheit and 85 degrees Fahrenheit in occupied areas. However, state prison and jail facilities operated by the Texas Department of Criminal Justice (TDCJ) are not held to the same standard. According to a Texas Tribune article, two-thirds of the roughly 100 jails and prisons in Texas are not fully air-conditioned in inmate housing areas, which poses significant health and safety risks for inmates, correctional officers, and staff given the state's extreme heat conditions. H.B. 3006 requires TDCJ to contract with a private entity to purchase and install climate control systems at each TDCJ facility that is not currently equipped with a climate control system capable of maintaining a temperature between 65 and 85 degrees Fahrenheit in specific areas of the facility. The bill establishes a three-phased approach for the installation.

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. 3006 requires the Texas Department of Criminal Justice (TDCJ) to do the following:

· contract with a private entity through a competitive bidding process to purchase and install climate control systems at each facility operated by TDCJ that is not currently equipped with a climate control system capable of maintaining the temperature in the required temperature-controlled areas of the facility at not less than 65 degrees Fahrenheit or more than 85 degrees Fahrenheit; and

· install the climate control systems in the following phases, with each phase consisting of the installation of climate control systems at approximately one-third of TDCJ facilities at a cost capped at $100 million per phase:

o phase one to be completed not later than December 31, 2028;

o phase two to be completed not later than December 31, 2030; and

o phase three to be completed not later than December 31, 2032.

H.B. 3006 requires TDCJ, in conducting the competitive bidding process, to solicit bids for the entire scope of the project, provided that TDCJ may solicit bids for each phase of the project if necessary or beneficial. The bill requires TDCJ to do the following in soliciting bids and determining the requirements for the phased implementation of the project:

· prioritize the efficient use of state resources; and

· consider factors such as:

o the type of climate control systems needed for each facility, including the architectural design of each facility;

o the ability of any existing climate control systems in each facility to maintain the air temperature in the required temperature-controlled areas of the facility at not less than 65 degrees Fahrenheit or more than 85 degrees Fahrenheit;

o the comparable abilities of different climate control systems to maintain such a temperature, including the total cellblock or dormitory square footage each system is capable of maintaining at that temperature; and

o the use of inmate labor to decrease costs.

H.B. 3006 defines "required temperature-controlled area" as the following areas of a facility operated by TDCJ:

· hospitals;

· visiting areas;

· housing or dormitory areas;

· trustee areas;

· areas used for medical treatment or care, including areas used for dispensing medication to inmates;

· kitchens or dining areas;

· food preparation areas;

· community areas, including dayrooms;

· laundry areas;

· areas used for work stations;

· indoor recreational areas, including gymnasiums;

· restroom and shower areas and other areas related to inmate hygiene;

· administrative areas;

· correctional officer stations, including guard post areas;

· commissary areas;

· areas used for programmatic, educational, or vocational purposes;

· chapels or churches;

· libraries; and

· maintenance areas.

H.B. 3006 requires TDCJ to implement the bill's provisions only if the following occurs:

· the legislature allocates available federal funds specifically for that purpose; or

· the legislature specifically appropriates state funds to TDCJ for the purpose of implementing the bill's provisions.

The bill prohibits TDCJ from implementing the bill's provisions using state funds unless the legislature specifically appropriates state funds for such purposes.

H.B. 3006 expires January 1, 2035.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2025.