Texas 2009 - 81st Regular

Texas House Bill HB3392 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R4890 HLT-D
2	2	By: Harper-Brown H.B. No. 3392
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the continuation and functions of the Commission on
8	8	Jail Standards.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 511.003, Government Code, is amended to
11	11	read as follows:
12	12	Sec. 511.003. SUNSET PROVISION. The Commission on Jail
13	13	Standards is subject to Chapter 325 (Texas Sunset Act). Unless
14	14	continued in existence as provided by that chapter, the commission
15	15	is abolished and this chapter expires September 1, 2021 [2009].
16	16	SECTION 2. Sections 511.004(g), (h), (i), and (j),
17	17	Government Code, are amended to read as follows:
18	18	(g) A person is not eligible for appointment as a public
19	19	member of the commission if the person or the person's spouse:
20	20	(1) is registered, certified, or licensed by a [an
21	21	occupational] regulatory agency in the field of law enforcement;
22	22	(2) is employed by or participates in the management
23	23	of a business entity, county jail, or other organization regulated
24	24	by the commission or receiving funds from the commission;
25	25	(3) owns or controls, directly or indirectly, more
26	26	than a 10 percent interest in a business entity or other
27	27	organization regulated by the commission or receiving funds from
28	28	the commission; or
29	29	(4) uses or receives a substantial amount of tangible
30	30	goods, services, or funds from the commission, other than
31	31	compensation or reimbursement authorized by law for commission
32	32	membership, attendance, or expenses.
33	33	(h) A person who is appointed to and qualifies for [To be
34	34	eligible to take] office as a member of the commission may not vote,
35	35	deliberate, or be counted as a member in attendance at a meeting of
36	36	the commission until the [, a] person completes [appointed to the
37	37	commission must complete at least one course of] a training program
38	38	that complies with Subsection (i).
39	39	(i) The training program required by Subsection (h) must
40	40	provide information to the person regarding:
41	41	(1) this chapter [the enabling legislation that
42	42	created the commission];
43	43	(2) the programs, functions, rules, and budget of
44	44	[operated by] the commission;
45	45	(3) the results of the most recent formal audit [role
46	46	and functions] of the commission;
47	47	(4) the requirements of laws relating to open
48	48	meetings, public information, administrative procedure, and
49	49	conflicts of interest [rules of the commission with an emphasis on
50	50	the rules that relate to disciplinary and investigatory authority];
51	51	and
52	52	(5) [the current budget for the commission;
53	53	[(6) the results of the most recent formal audit of the
54	54	commission;
55	55	[(7) the requirements of the:
56	56	[(A) open meetings law, Chapter 551;
57	57	[(B) open records law, Chapter 552; and
58	58	[(C) administrative procedure law, Chapter 2001;
59	59	[(8) the requirements of the conflict of interests
60	60	laws and other laws relating to public officials; and
61	61	[(9)] any applicable ethics policies adopted by the
62	62	commission or the Texas Ethics Commission.
63	63	(j) A person appointed to the commission is entitled to
64	64	reimbursement, [for travel expenses incurred in attending the
65	65	training program required by Subsection (h)] as provided by the
66	66	General Appropriations Act, for the travel expenses incurred in
67	67	attending the training program required by Subsection (h)
68	68	regardless of whether attendance at the program occurs before or
69	69	after [and as if] the person qualifies for office [were a member of
70	70	the commission].
71	71	SECTION 3. Section 511.0041(a), Government Code, is amended
72	72	to read as follows:
73	73	(a) It is a ground for removal from the commission if a
74	74	member:
75	75	(1) does not have at the time of taking office
76	76	[appointment] the qualifications required by Section 511.004;
77	77	(2) does not maintain during service on the commission
78	78	the qualifications required by Section 511.004;
79	79	(3) is ineligible for membership under [violates a
80	80	prohibition established by] Section 511.004(g) or 511.0042;
81	81	(4) cannot discharge the member's duties for a
82	82	substantial part of the term for which the member is appointed
83	83	because of illness or disability; or
84	84	(5) is absent from more than half of the regularly
85	85	scheduled commission meetings that the member is eligible to attend
86	86	during a calendar year without an excuse approved [unless the
87	87	absence is excused] by a majority vote of the commission.
88	88	SECTION 4. Section 511.0042, Government Code, is amended to
89	89	read as follows:
90	90	Sec. 511.0042. CONFLICT OF INTEREST. (a) A person may not
91	91	be a member of the commission and may not be a commission employee
92	92	employed in a "bona fide executive, administrative, or professional
93	93	capacity," as that phrase is used for purposes of establishing an
94	94	exemption to the overtime provisions of the federal Fair Labor
95	95	Standards Act of 1938 (29 U.S.C. Section 201 et seq.) if:
96	96	(1) the person is an [An] officer, employee, or paid
97	97	consultant of a Texas trade association in the field of county
98	98	corrections; or
99	99	(2) the person's [may not be a member of the commission
100	100	or an employee of the commission who is exempt from the state's
101	101	position classification plan or is compensated at or above the
102	102	amount prescribed by the General Appropriations Act for step 1,
103	103	salary group 17, of the position classification salary schedule.
104	104	[(b) A person who is the] spouse is [of] an officer,
105	105	manager, or paid consultant of a Texas trade association in the
106	106	field of county corrections [may not be a commission member and may
107	107	not be a commission employee who is exempt from the state's position
108	108	classification plan or is compensated at or above the amount
109	109	prescribed by the General Appropriations Act for step 1, salary
110	110	group 17, of the position classification salary schedule].
111	111	(b) In [(c) For the purposes of] this section, "Texas
112	112	trade association" means [a Texas trade association is] a
113	113	[nonprofit,] cooperative [,] and voluntarily joined statewide
114	114	association of business or professional competitors in this state
115	115	designed to assist its members and its industry or profession in
116	116	dealing with mutual business or professional problems and in
117	117	promoting their common interest.
118	118	(c) [(d)] A person may not be [serve as] a member of the
119	119	commission or act as the general counsel to the commission if the
120	120	person is required to register as a lobbyist under Chapter 305
121	121	because of the person's activities for compensation on behalf of a
122	122	profession related to the operation of the commission.
123	123	SECTION 5. Chapter 511, Government Code, is amended by
124	124	adding Section 511.0061 to read as follows:
125	125	Sec. 511.0061. USE OF TECHNOLOGY. The commission shall
126	126	implement a policy requiring the commission to use appropriate
127	127	technological solutions to improve the commission's ability to
128	128	perform its functions. The policy must ensure that the public is
129	129	able to interact with the commission on the Internet.
130	130	SECTION 6. Section 511.0071, Government Code, is amended by
131	131	amending Subsections (a), (d), (e), and (f) and adding Subsection
132	132	(a-1) to read as follows:
133	133	(a) The commission shall prepare information of public
134	134	interest describing the functions of the commission and the
135	135	commission's procedures by which complaints regarding the
136	136	commission and complaints regarding jails under the commission's
137	137	jurisdiction are filed with and resolved by the commission. The
138	138	commission shall make the information available:
139	139	(1) to the public, inmates, county officials, and
140	140	appropriate state agencies; and
141	141	(2) on any publicly accessible Internet website
142	142	maintained by the commission.
143	143	(a-1) The commission shall adopt rules and procedures
144	144	regarding the receipt, investigation, resolution, and disclosure
145	145	to the public of complaints regarding the commission and complaints
146	146	regarding jails under the commission's jurisdiction that are filed
147	147	with the commission. The commission shall:
148	148	(1) prescribe a form or forms on which written
149	149	complaints regarding the commission and complaints regarding jails
150	150	under the commission's jurisdiction may be filed with the
151	151	commission;
152	152	(2) keep an information file in accordance with
153	153	Subsection (f) regarding each complaint filed with the commission
154	154	regarding the commission or a jail under the commission's
155	155	jurisdiction;
156	156	(3) develop procedures for prioritizing complaints
157	157	filed with the commission and a reasonable time frame for
158	158	responding to those complaints;
159	159	(4) maintain a system for promptly and efficiently
160	160	acting on complaints filed with the commission;
161	161	(5) develop a procedure for tracking and analyzing all
162	162	complaints filed with the commission, according to criteria that
163	163	must include:
164	164	(A) the reason for or origin of complaints;
165	165	(B) the average number of days that elapse
166	166	between the date on which complaints are filed, the date on which
167	167	the commission first investigates or otherwise responds to
168	168	complaints, and the date on which complaints are resolved;
169	169	(C) the outcome of investigations or the
170	170	resolution of complaints, including dismissals and commission
171	171	actions resulting from complaints;
172	172	(D) the number of pending complaints at the close
173	173	of each fiscal year; and
174	174	(E) a list of complaint topics that the
175	175	commission does not have jurisdiction to investigate or resolve;
176	176	and
177	177	(6) regularly prepare and distribute to members of the
178	178	commission a report containing a summary of the information
179	179	compiled under Subdivision (5).
180	180	(d) [The commission shall keep an information file about
181	181	each complaint filed with the commission that the commission has
182	182	authority to resolve. The commission is not required to keep an
183	183	information file about a complaint to the commission from or
184	184	related to a prisoner of a county or municipal jail.] The
185	185	commission shall adopt rules and procedures regarding the referral
186	186	of [refer] a complaint filed with the commission from or related to
187	187	a prisoner to the appropriate local agency for investigation and
188	188	resolution. The commission [and] may perform a special inspection
189	189	of a facility named in the complaint to determine compliance with
190	190	commission requirements.
191	191	(e) If a written complaint is filed with the commission that
192	192	the commission has authority to resolve, the commission at least
193	193	quarterly and until final disposition of the complaint shall notify
194	194	the parties to the complaint of the status of the complaint, unless
195	195	the notice would jeopardize an undercover investigation. This
196	196	subsection does not apply to a complaint referred to a local agency
197	197	under Subsection (d).
198	198	(f) The commission shall collect and maintain information
199	199	about each complaint received by the commission regarding the
200	200	commission or a jail under the commission's jurisdiction,
201	201	including:
202	202	(1) the date the complaint is received;
203	203	(2) the name of the complainant;
204	204	(3) the subject matter of the complaint;
205	205	(4) a record of all persons contacted in relation to
206	206	the complaint;
207	207	(5) a summary of the results of the review or
208	208	investigation of the complaint; and
209	209	(6) for a complaint for which the agency took no
210	210	action, an explanation of the reason the complaint was closed
211	211	without action.
212	212	SECTION 7. Section 511.008(e), Government Code, is amended
213	213	to read as follows:
214	214	(e) The commission shall develop and implement policies
215	215	that clearly separate the policymaking responsibilities of the
216	216	commission and the management responsibilities of the executive
217	217	director [define the respective responsibilities of the
218	218	commission] and the staff of the commission.
219	219	SECTION 8. Chapter 511, Government Code, is amended by
220	220	adding Section 511.0085 to read as follows:
221	221	Sec. 511.0085. RISK FACTORS; RISK ASSESSMENT PLAN. (a) The
222	222	commission shall develop a comprehensive set of risk factors to use
223	223	in assessing the overall risk level of each jail under the
224	224	commission's jurisdiction. The set of risk factors must include:
225	225	(1) a history of the jail's compliance with state law
226	226	and commission rules, standards, and procedures;
227	227	(2) the population of the jail;
228	228	(3) the number and nature of complaints regarding the
229	229	jail, including complaints regarding a violation of any required
230	230	ratio of correctional officers to inmates;
231	231	(4) problems with the jail's internal grievance
232	232	procedures;
233	233	(5) available mental and medical health reports
234	234	relating to inmates in the jail, including reports relating to
235	235	infectious disease or pregnant inmates;
236	236	(6) recent turnover among sheriffs and jail staff;
237	237	(7) inmate escapes from the jail; and
238	238	(8) the number and nature of inmate deaths at the jail,
239	239	including the results of the investigations of those deaths.
240	240	(b) The commission shall use the set of risk factors
241	241	developed under Subsection (a) to guide the inspections process for
242	242	all jails under the commission's jurisdiction by:
243	243	(1) establishing a risk assessment plan to use in
244	244	assessing the overall risk level of each jail; and
245	245	(2) regularly monitoring the overall risk level of
246	246	each jail.
247	247	SECTION 9. Section 511.009(a), Government Code, is amended
248	248	to read as follows:
249	249	(a) The commission shall:
250	250	(1) adopt reasonable rules and procedures
251	251	establishing minimum standards for the construction, equipment,
252	252	maintenance, and operation of county jails;
253	253	(2) adopt reasonable rules and procedures
254	254	establishing minimum standards for the custody, care, and treatment
255	255	of prisoners;
256	256	(3) adopt reasonable rules establishing minimum
257	257	standards for the number of jail supervisory personnel and for
258	258	programs and services to meet the needs of prisoners;
259	259	(4) adopt reasonable rules and procedures
260	260	establishing minimum requirements for programs of rehabilitation,
261	261	education, and recreation in county jails;
262	262	(5) revise, amend, or change rules and procedures if
263	263	necessary;
264	264	(6) provide to local government officials
265	265	consultation on and technical assistance for county jails;
266	266	(7) review and comment on plans for the construction
267	267	and major modification or renovation of county jails;
268	268	(8) require that the sheriff and commissioners of each
269	269	county submit to the commission, on a form prescribed by the
270	270	commission, an annual report on the conditions in each county jail
271	271	within their jurisdiction, including all information necessary to
272	272	determine compliance with state law, commission orders, and the
273	273	rules adopted under this chapter;
274	274	(9) review the reports submitted under Subdivision (8)
275	275	and require commission employees to inspect county jails regularly
276	276	to ensure compliance with state law, commission orders, and rules
277	277	and procedures adopted under this chapter;
278	278	(10) adopt a classification system to assist sheriffs
279	279	and judges in determining which defendants are low-risk and
280	280	consequently suitable participants in a county jail work release
281	281	program under Article 42.034, Code of Criminal Procedure;
282	282	(11) adopt rules relating to requirements for
283	283	segregation of classes of inmates and to capacities for county
284	284	jails;
285	285	(12) require that the chief jailer of each municipal
286	286	lockup submit to the commission, on a form prescribed by the
287	287	commission, an annual report of persons under 17 years of age
288	288	securely detained in the lockup, including all information
289	289	necessary to determine compliance with state law concerning secure
290	290	confinement of children in municipal lockups;
291	291	(13) at least annually determine whether each county
292	292	jail is in compliance with the rules and procedures adopted under
293	293	this chapter;
294	294	(14) require that the sheriff and commissioners court
295	295	of each county submit to the commission, on a form prescribed by the
296	296	commission, an annual report of persons under 17 years of age
297	297	securely detained in the county jail, including all information
298	298	necessary to determine compliance with state law concerning secure
299	299	confinement of children in county jails; [and]
300	300	(15) schedule announced and unannounced inspections
301	301	of jails under the commission's [its] jurisdiction using the risk
302	302	assessment plan established under Section 511.0085 to guide the
303	303	inspections process; and
304	304	(16) adopt a policy for gathering and distributing to
305	305	jails under the commission's jurisdiction information regarding:
306	306	(A) common issues concerning jail
307	307	administration;
308	308	(B) examples of successful strategies for
309	309	maintaining compliance with state law and the rules, standards, and
310	310	procedures of the commission; and
311	311	(C) solutions to operational challenges for
312	312	jails [based on the jail's history of compliance with commission
313	313	standards and other high-risk factors identified by the
314	314	commission].
315	315	SECTION 10. Chapter 511, Government Code, is amended by
316	316	adding Section 511.0115 to read as follows:
317	317	Sec. 511.0115. PUBLIC INFORMATION ABOUT COMPLIANCE STATUS
318	318	OF JAILS. The commission shall provide information to the public
319	319	concerning whether jails under the commission's jurisdiction are in
320	320	compliance with state law and the rules, standards, and procedures
321	321	of the commission:
322	322	(1) on any publicly accessible Internet website
323	323	maintained by the commission; and
324	324	(2) through other formats, including newsletters or
325	325	press releases, as determined by the commission.
326	326	SECTION 11. Chapter 511, Government Code, is amended by
327	327	adding Section 511.018 to read as follows:
328	328	Sec. 511.018. ALTERNATIVE DISPUTE RESOLUTION. (a) The
329	329	commission shall develop and implement a policy to encourage the
330	330	use of:
331	331	(1) negotiated rulemaking procedures under Chapter
332	332	2008 for the adoption of commission rules; and
333	333	(2) appropriate alternative dispute resolution
334	334	procedures under Chapter 2009 to assist in the resolution of
335	335	internal and external disputes under the commission's
336	336	jurisdiction.
337	337	(b) The commission's procedures relating to alternative
338	338	dispute resolution must conform, to the extent possible, to any
339	339	model guidelines issued by the State Office of Administrative
340	340	Hearings for the use of alternative dispute resolution by state
341	341	agencies.
342	342	(c) The commission shall designate a trained person to:
343	343	(1) coordinate the implementation of the policy
344	344	adopted under Subsection (a);
345	345	(2) serve as a resource for any training needed to
346	346	implement the procedures for negotiated rulemaking or alternative
347	347	dispute resolution; and
348	348	(3) collect data concerning the effectiveness of those
349	349	procedures, as implemented by the commission.
350	350	SECTION 12. Section 511.0071(c), Government Code, is
351	351	repealed.
352	352	SECTION 13. The change in law made by Section 511.004(h),
353	353	Government Code, as amended by this Act, regarding training for
354	354	members of the Commission on Jail Standards does not affect the
355	355	entitlement of a member serving on the commission immediately
356	356	before September 1, 2009, to continue to serve and function as a
357	357	member of the commission for the remainder of the member's term,
358	358	unless otherwise removed as provided by law. The change in law
359	359	described by Section 511.004(h), Government Code, applies only to a
360	360	member appointed or reappointed on or after September 1, 2009.
361	361	SECTION 14. The changes in law made by this Act in the
362	362	prohibitions or qualifications applying to a member of the
363	363	Commission on Jail Standards do not affect the entitlement of a
364	364	member serving on the commission immediately before September 1,
365	365	2009, to continue to serve and function as a member of the
366	366	commission for the remainder of the member's term, unless otherwise
367	367	removed as provided by law. Those changes in law apply only to a
368	368	member appointed on or after September 1, 2009.
369	369	SECTION 15. This Act takes effect September 1, 2009.