Texas 2021 - 87th Regular

Texas House Bill HB2831 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 2831
	1	+	By: White, Spiller (Senate Sponsor - Miles) H.B. No. 2831
	2	+	(In the Senate - Received from the House May 12, 2021;
	3	+	May 14, 2021, read first time and referred to Committee on Criminal
	4	+	Justice; May 22, 2021, reported favorably by the following vote:
	5	+	Yeas 7, Nays 0; May 22, 2021, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the confinement in county jail of persons with
6	12		intellectual or developmental disabilities.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Chapter 511, Government Code, is amended by
9	15		adding Section 511.022 to read as follows:
10	16		Sec. 511.022. ADVISORY COMMITTEE. (a) The commission
11	17		shall establish an advisory committee to advise the commission and
12	18		make recommendations on matters related to the confinement in
13	19		county jail of persons with intellectual or developmental
14	20		disabilities.
15	21		(b) The advisory committee consists of 13 members appointed
16	22		by the presiding officer of the commission, with the commission's
17	23		approval, as follows:
18	24		(1) one representative of the commission;
19	25		(2) one representative of the Department of State
20	26		Health Services;
21	27		(3) one representative of the Health and Human
22	28		Services Commission with expertise in intellectual and
23	29		developmental disabilities;
24	30		(4) one representative of the Texas Commission on Law
25	31		Enforcement;
26	32		(5) one representative of the Texas Correctional
27	33		Office on Offenders with Medical or Mental Impairments;
28	34		(6) one sheriff of a county with a population of 80,000
29	35		or more;
30	36		(7) one sheriff of a county with a population of less
31	37		than 80,000;
32	38		(8) two representatives of statewide organizations
33	39		that advocate for individuals with intellectual and developmental
34	40		disabilities;
35	41		(9) one representative who is a mental health
36	42		professional with a focus on trauma and intellectual and
37	43		developmental disabilities;
38	44		(10) one representative from a state supported living
39	45		center;
40	46		(11) one member who has an intellectual or
41	47		developmental disability or whose family member has an intellectual
42	48		or developmental disability; and
43	49		(12) one member who represents the public.
44	50		(c) Members of the advisory committee serve staggered
45	51		six-year terms, with the terms of three or four members expiring
46	52		January 31 of each odd-numbered year. If a vacancy occurs during a
47	53		member's term, the presiding officer of the commission, with the
48	54		commission's approval, shall appoint a replacement to fill the
49	55		unexpired term.
50	56		(d) The presiding officer of the commission shall designate
51	57		one member of the advisory committee to serve as presiding officer
52	58		of the committee for a two-year term.
53	59		(e) The advisory committee shall:
54	60		(1) gather and review data regarding the confinement
55	61		in county jails of persons with intellectual or developmental
56	62		disabilities; and
57	63		(2) provide recommendations and guidelines to
58	64		sheriffs and counties regarding the confinement of persons with
59	65		intellectual or developmental disabilities.
60	66		(f) Not later than December 1 of each even-numbered year,
61	67		the advisory committee shall submit a report that includes
62	68		recommendations for legislative or other action related to the
63	69		confinement of persons with intellectual or developmental
64	70		disabilities in county jails to:
65	71		(1) the governor;
66	72		(2) the lieutenant governor;
67	73		(3) the speaker of the house of representatives; and
68	74		(4) each standing committee of the legislature with
69	75		primary jurisdiction over the commission.
70	76		(g) Chapter 2110 does not apply to the size, composition, or
71	77		duration of the advisory committee or to the designation of the
72	78		committee's presiding officer.
73	79		SECTION 2. Chapter 511, Government Code, is amended by
74	80		adding Section 511.023 to read as follows:
75	81		Sec. 511.023. INTAKE OF PERSONS WITH INTELLECTUAL OR
76	82		DEVELOPMENTAL DISABILITIES. (a) The commission, with the
77	83		assistance of the advisory committee established under Section
78	84		511.022, shall:
79	85		(1) monitor the intake processes in county jails to
80	86		assess each county jail's ability to properly identify persons with
81	87		intellectual or developmental disabilities; and
82	88		(2) assist county jails in improving the intake
83	89		processes with respect to persons with intellectual or
84	90		developmental disabilities.
85	91		(b) The commission shall periodically update the intake
86	92		screening form adopted by the commission for use by county jails as
87	93		necessary to reflect the recommendations of the advisory committee
88	94		established under Section 511.022.
89	95		(c) Not later than December 1, 2022, the commission, with
90	96		the assistance of the advisory committee established under Section
91	97		511.022, shall prepare and submit a report to the governor, the
92	98		lieutenant governor, the speaker of the house of representatives,
93	99		each standing committee of the legislature with primary
94	100		jurisdiction over the commission, and each sheriff that includes:
95	101		(1) a discussion of any deficiencies in the intake
96	102		processes that have been identified by the commission; and
97	103		(2) recommendations to improve county jail practices
98	104		regarding identifying persons with intellectual or developmental
99	105		disabilities.
100	106		(d) This subsection and Subsection (c) expire January 1,
101	107		2023.
102	108		SECTION 3. Subchapter F, Chapter 1701, Occupations Code, is
103	109		amended by adding Section 1701.269 to read as follows:
104	110		Sec. 1701.269. TRAINING PROGRAM RELATING TO COUNTY JAILER
105	111		INTERACTIONS WITH PERSONS WITH INTELLECTUAL OR DEVELOPMENTAL
106	112		DISABILITIES. (a) The commission and the Commission on Jail
107	113		Standards shall jointly develop, with the assistance of the
108	114		advisory committee established under Section 511.022, Government
109	115		Code, a training program for county jailers that consists of at
110	116		least four hours of education and training on interacting with a
111	117		person with an intellectual or developmental disability who is
112	118		confined in a county jail, including techniques to assess a person
113	119		for an intellectual or developmental disability.
114	120		(b) A county jailer who completes the training program may
115	121		count the hours toward the jailer's continuing education
116	122		requirements under this chapter.
117	123		SECTION 4. (a) Not later than January 1, 2022, the
118	124		presiding officer of the Commission on Jail Standards shall appoint
119	125		members to the advisory committee created under Section 511.022,
120	126		Government Code, as added by this Act.
121	127		(b) Notwithstanding Section 511.022(c), Government Code, as
122	128		added by this Act, in making the initial appointments to the
123	129		advisory committee, the presiding officer of the commission shall
124	130		designate four members to serve terms expiring January 31, 2023,
125	131		four members to serve terms expiring January 31, 2025, and five
126	132		members to serve terms expiring January 31, 2027.
127	133		SECTION 5. The advisory committee created under Section
128	134		511.022, Government Code, as added by this Act, shall submit its
129	135		first report under Section 511.022(f), Government Code, as added by
130	136		this Act, not later than December 1, 2022.
131	137		SECTION 6. Not later than January 1, 2022, the Texas
132	138		Commission on Law Enforcement shall develop the training program
133	139		required by Section 1701.269, Occupations Code, as added by this
134	140		Act.
135	141		SECTION 7. This Act takes effect September 1, 2021.
136		-	______________________________ ______________________________
137		-	President of the Senate Speaker of the House
138		-	I certify that H.B. No. 2831 was passed by the House on May
139		-	11, 2021, by the following vote: Yeas 120, Nays 23, 2 present, not
140		-	voting.
141		-	______________________________
142		-	Chief Clerk of the House
143		-	I certify that H.B. No. 2831 was passed by the Senate on May
144		-	26, 2021, by the following vote: Yeas 31, Nays 0.
145		-	______________________________
146		-	Secretary of the Senate
147		-	APPROVED: _____________________
148		-	Date
149		-	_____________________
150		-	Governor
	142	+	* * * * *