83R9894 JRR-F
By: Rodriguez S.B. No. 1739
A BILL TO BE ENTITLED
AN ACT
relating to the Criminal Justice Legislative Oversight Committee,
the appointment of members, and the members' duties and
responsibilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 328.001, Government Code, is amended to
read as follows:
Sec. 328.001. DEFINITIONS [DEFINITION]. In this chapter:
(1) "Board" means the Legislative Budget Board.
(2) "Committee" [, "committee"] means the Criminal
Justice Legislative Oversight Committee.
(3) "Correctional facility" means a facility operated
by or under contract with the department.
(4) "Department" means the Texas Department of
Criminal Justice.
SECTION 2. Section 328.002(b), Government Code, is amended
to read as follows:
(b) The committee is composed of six members as follows:
(1) the chair of the Senate Committee on Criminal
Justice;
(2) the chair of the House Committee on Corrections;
(3) two members of the senate appointed by the
lieutenant governor, neither of whom may be members of the same
political party; and
(4) two members of the house of representatives
appointed by the speaker of the house of representatives, neither
of whom may be members of the same political party.
SECTION 3. Section 328.004, Government Code, is amended by
adding Subsections (c), (d), and (e) to read as follows:
(c) The committee shall:
(1) provide for the regular inspection of each
correctional facility; and
(2) submit reports to the board and the legislature,
in accordance with Subsection (e), that include:
(A) the results of the committee's inspections
since the most recent inspections included in a report to the board
or legislature, as applicable, including an evaluation of the
inmate grievance procedure at each inspected facility; and
(B) any recommendations concerning policy
changes or other means by which to improve the conditions or
operations of correctional facilities in this state.
(d) The committee shall ensure that:
(1) not fewer than a total of 25 correctional
facilities are inspected each two-year period, including not fewer
than 5 correctional facilities that are operated under contract
with the department; and
(2) each inspection includes one or more visitations
during:
(A) a general meal period; and
(B) a rehabilitative or educational program.
(e) The committee shall submit a report to:
(1) the board once every six months at a regularly
scheduled meeting of the board; and
(2) the legislature once every two years not later
than the 15th day after the date a regular session of the
legislature convenes.
SECTION 4. Chapter 328, Government Code, is amended by
adding Sections 328.0041 and 328.0051 to read as follows:
Sec. 328.0041. COMMUNICATION AND CONFIDENTIALITY. (a) The
department shall:
(1) allow a member of the committee or its staff to
access any part of a correctional facility, without advance notice,
for the purpose of conducting an inspection; and
(2) allow any person imprisoned or confined in a
correctional facility, or any correctional officer or other person
employed at a correctional facility, to communicate in person, by
mail, or by any other means with a member of the committee or its
staff.
(b) The department may not open or inspect any letter
between a member of the committee or its staff and a person
imprisoned or confined in a correctional facility.
(c) The department may not take any adverse action against a
person imprisoned or confined in a correctional facility or
employed by a correctional facility as a result of a communication
between the person and a member of the committee or its staff.
(d) A communication described by Subsection (a)(2) is
confidential and not subject to public disclosure under Chapter 552
or other law.
Sec. 328.0051. PUBLIC AND INMATE AWARENESS. The committee
shall make available to the public and any person imprisoned or
confined in a correctional facility information regarding:
(1) the manner by which the committee may be
contacted; and
(2) the purpose, duties, and responsibilities of the
committee.
SECTION 5. Section 328.007, Government Code, is repealed.
SECTION 6. Not later than January 1, 2014, the speaker of
the house of representatives and the lieutenant governor shall
conform their respective appointments to the Criminal Justice
Legislative Oversight Committee as necessary to meet the
requirements of Section 328.002(b), Government Code, as amended by
this Act.
SECTION 7. 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, 2013.