Texas 2021 - 87th Regular

Texas House Bill HB2331 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		87R19715 JRR-D
2	2		By: Cortez H.B. No. 2331
	3	+	Substitute the following for H.B. No. 2331:
	4	+	By: Murr C.S.H.B. No. 2331
3	5
4	6
5	7		A BILL TO BE ENTITLED
6	8		AN ACT
7	9		relating to procedures governing declared disasters for the Texas
8	10		Department of Criminal Justice.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Subtitle G, Title 4, Government Code, is amended
11	13		by adding Chapter 509A to read as follows:
12	14		CHAPTER 509A. PROCEDURES FOR DECLARED DISASTERS
13	15		Sec. 509A.001. DEFINITION. In this chapter, "declared
14	16		disaster" means a disaster declared by:
15	17		(1) the governor under Chapter 418; or
16	18		(2) the president of the United States under the
17	19		Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
18	20		U.S.C. Section 5121 et seq.), if any part of this state is named in
19	21		the federally declared disaster area.
20	22		Sec. 509A.002. ADVISORY BOARD. (a) An advisory board is
21	23		established to provide the department with recommendations for the
22	24		emergency response plan developed under Section 509A.003 and to
23	25		update those recommendations annually.
24	26		(b) The advisory board is composed of:
25	27		(1) the executive director or the executive director's
26	28		designee;
27	29		(2) the commissioner of public health of the
28	30		Department of State Health Services or the commissioner's designee;
29	31		and
30	32		(3) the following members appointed by the governor:
31	33		(A) at least two members, each of whom is a
32	34		correctional officer employed by the department at the level of
33	35		sergeant or lower and is a member of an employee organization the
34	36		majority of the membership of which consists of department
35	37		employees;
36	38		(B) at least two members, each of whom has
37	39		previously been incarcerated;
38	40		(C) two members, each of whom is a family member
39	41		of an inmate;
40	42		(D) one member who has a background in emergency
41	43		planning and has previously created an emergency management program
42	44		for accreditation purposes; and
43	45		(E) one member with a background in public health
44	46		who is capable of ascertaining vulnerabilities to emerging diseases
45	47		or infections that could affect the department's operations.
46	48		(c) In developing and updating the recommendations required
47	49		by this section:
48	50		(1) the department shall provide the advisory board
49	51		with access to all relevant information necessary to make the
50	52		recommendations;
51	53		(2) the advisory board shall consider all strategies
52	54		to plan for emergency situations, including plans to prevent
53	55		interruptions to the provision of educational and rehabilitative
54	56		programming to inmates; and
55	57		(3) the advisory board may access any facility
56	58		operated by or under contract with the department.
57	59		(c-1) Not later than March 1, 2022, the advisory board shall
58	60		develop the recommendations required by this section and submit
59	61		those recommendations to the department. This subsection expires
60	62		September 1, 2022.
61	63		(d) Not later than March 1 of each year, the advisory board
62	64		shall update the recommendations developed under this section and
63	65		submit those recommendations to the department.
64	66		(e) If the department's response to a declared disaster is
65	67		inconsistent with the recommendations submitted under this
66	68		section, the advisory board may obtain any relevant data and
67	69		reports and may conduct interviews with inmates and other relevant
68	70		persons to identify any consequences of the department's response.
69	71		(f) Chapter 2110 does not apply to the composition or
70	72		duration of the advisory board.
71	73		Sec. 509A.003. EMERGENCY RESPONSE PLAN. (a) The
72	74		department shall develop an emergency response plan to be
73	75		implemented when responding to a declared disaster.
74	76		(b) The emergency response plan must specify the operating
75	77		procedures that will be implemented by a correctional facility
76	78		during a declared disaster, including:
77	79		(1) evacuation procedures for inmates and employees of
78	80		the facility;
79	81		(2) guidelines for employees of the facility to ensure
80	82		their safety and well-being; and
81	83		(3) provisions to:
82	84		(A) prevent or minimize extended lockdowns or
83	85		periods of inmate segregation in a correctional facility;
84	86		(B) ensure that an inmate may continue to
85	87		participate, during any extended period of a declared disaster, in
86	88		any classes or programs that the Board of Pardons and Paroles has
87	89		required the inmate to complete before being released on parole;
88	90		(C) ensure that inmates have commissary access at
89	91		regular intervals during any extended period of a declared
90	92		disaster;
91	93		(D) ensure that the department and each
92	94		correctional facility have sufficient quantities of personal
93	95		protective equipment for employees and inmates;
94	96		(E) ensure that an inmate is not denied access to
95	97		medical care, medication, or personal hygiene items; and
96	98		(F) prohibit a correctional facility from
97	99		suspending in-person inmate visitation during any extended period
98	100		of a declared disaster, provided that a correctional facility may
99	101		temporarily institute video visitation for the health and safety of
100	102		inmates and staff.
101	103		SECTION 2. The Texas Department of Criminal Justice shall
102	104		develop the emergency response plan required by Section 509A.003,
103	105		Government Code, as added by this Act, not later than the 180th day
104	106		after the date the advisory board submits recommendations to the
105	107		department as required by Section 509A.002(c-1), Government Code,
106	108		as added by this Act.
107	109		SECTION 3. This Act takes effect September 1, 2021.