89R11000 BCH-F

By: Bryant H.B. No. 2997

A BILL TO BE ENTITLED

AN ACT

relating to the temperature at which certain facilities operated by the Texas Department of Criminal Justice are maintained.

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

SECTION 1. Subchapter A, Chapter 501, Government Code, is amended by adding Sections 501.028 and 501.029 to read as follows:

Sec. 501.028. TEMPERATURE REQUIREMENTS AT DEPARTMENT FACILITIES. (a) The department shall ensure that the temperature in each facility operated by the department and used to house inmates or in which department staff regularly work is maintained at not less than 65 degrees Fahrenheit or more than 85 degrees Fahrenheit.

(b) The department shall install and maintain an electronic temperature gauge in the following areas of each facility described by Subsection (a):

(1) hospitals;

(2) visiting areas;

(3) housing or dormitory areas;

(4) trustee areas;

(5) areas used for medical treatment or care, including areas used for dispensing medication to inmates;

(6) kitchens or dining areas;

(7) food preparation areas;

(8) community areas, including dayrooms;

(9) laundry areas;

(10) areas used for work stations;

(11) indoor recreational areas, including gymnasiums;

(12) restroom and shower areas and other areas related to inmate hygiene;

(13) administrative areas;

(14) correctional officer stations, including guard post areas;

(15) commissary areas;

(16) areas used for programmatic, educational, or vocational purposes;

(17) chapels or churches;

(18) libraries; and

(19) maintenance areas.

(c) The department shall:

(1) maintain a log of the temperatures recorded by each electronic temperature gauge under Subsection (b) on an hourly basis in an electronic format; and

(2) publish the log, at least quarterly, on the department's publicly accessible Internet website.

Sec. 501.029. REPORT REGARDING AIR CONDITIONING. Not later than December 1 of each year, the department shall submit to the governor, the lieutenant governor, the speaker of the house of representatives, and each standing committee of the legislature with primary jurisdiction over the department a report regarding air conditioning in facilities operated by the department and used to house inmates or in which department staff regularly work. The report must include the following information for the preceding 12-month period:

(1) the number of facilities in which the air conditioning system has failed;

(2) the number of incidents in which the air conditioning in a facility was not operational and the reason for each incident;

(3) the number of incidents in which the temperature was not maintained at the temperature range required under Section 501.028(a) and the reason for each incident;

(4) for each incident described by Subdivision (2) that was due to an equipment malfunction, a summary of the steps taken by the department to address the malfunction and ensure the well-being of inmates and staff at the facility; and

(5) for each incident described by Subdivision (3), a summary of the steps taken by the department to address the cause of the incident and ensure the well-being of inmates and staff at the facility.

SECTION 2. (a) The Texas Department of Criminal Justice is not required to fully comply with the requirements of Section 501.028, Government Code, as added by this Act, until September 1, 2026.

(b) Not later than September 1, 2026, the Texas Department of Criminal Justice shall submit to the governor, the lieutenant governor, the speaker of the house of representatives, and each standing committee of the legislature with primary jurisdiction over the department a report regarding the department's progress toward complying with Section 501.028, Government Code, as added by this Act, in all facilities to which that section applies.

(c) The Texas Department of Criminal Justice shall submit the first report required by Section 501.029, Government Code, as added by this Act, not later than December 1, 2027.

SECTION 3. (a) Except as provided by Subsection (b) of this section, this Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2025.

(b) Section 501.029, Government Code, as added by this Act, takes effect September 1, 2027.