H.B. No. 2831
AN ACT
relating to the confinement in county jail of persons with
intellectual or developmental disabilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 511, Government Code, is amended by
adding Section 511.022 to read as follows:
Sec. 511.022. ADVISORY COMMITTEE. (a) The commission
shall establish an advisory committee to advise the commission and
make recommendations on matters related to the confinement in
county jail of persons with intellectual or developmental
disabilities.
(b) The advisory committee consists of 13 members appointed
by the presiding officer of the commission, with the commission's
approval, as follows:
(1) one representative of the commission;
(2) one representative of the Department of State
Health Services;
(3) one representative of the Health and Human
Services Commission with expertise in intellectual and
developmental disabilities;
(4) one representative of the Texas Commission on Law
Enforcement;
(5) one representative of the Texas Correctional
Office on Offenders with Medical or Mental Impairments;
(6) one sheriff of a county with a population of 80,000
or more;
(7) one sheriff of a county with a population of less
than 80,000;
(8) two representatives of statewide organizations
that advocate for individuals with intellectual and developmental
disabilities;
(9) one representative who is a mental health
professional with a focus on trauma and intellectual and
developmental disabilities;
(10) one representative from a state supported living
center;
(11) one member who has an intellectual or
developmental disability or whose family member has an intellectual
or developmental disability; and
(12) one member who represents the public.
(c) Members of the advisory committee serve staggered
six-year terms, with the terms of three or four members expiring
January 31 of each odd-numbered year. If a vacancy occurs during a
member's term, the presiding officer of the commission, with the
commission's approval, shall appoint a replacement to fill the
unexpired term.
(d) The presiding officer of the commission shall designate
one member of the advisory committee to serve as presiding officer
of the committee for a two-year term.
(e) The advisory committee shall:
(1) gather and review data regarding the confinement
in county jails of persons with intellectual or developmental
disabilities; and
(2) provide recommendations and guidelines to
sheriffs and counties regarding the confinement of persons with
intellectual or developmental disabilities.
(f) Not later than December 1 of each even-numbered year,
the advisory committee shall submit a report that includes
recommendations for legislative or other action related to the
confinement of persons with intellectual or developmental
disabilities in county jails to:
(1) the governor;
(2) the lieutenant governor;
(3) the speaker of the house of representatives; and
(4) each standing committee of the legislature with
primary jurisdiction over the commission.
(g) Chapter 2110 does not apply to the size, composition, or
duration of the advisory committee or to the designation of the
committee's presiding officer.
SECTION 2. Chapter 511, Government Code, is amended by
adding Section 511.023 to read as follows:
Sec. 511.023. INTAKE OF PERSONS WITH INTELLECTUAL OR
DEVELOPMENTAL DISABILITIES. (a) The commission, with the
assistance of the advisory committee established under Section
511.022, shall:
(1) monitor the intake processes in county jails to
assess each county jail's ability to properly identify persons with
intellectual or developmental disabilities; and
(2) assist county jails in improving the intake
processes with respect to persons with intellectual or
developmental disabilities.
(b) The commission shall periodically update the intake
screening form adopted by the commission for use by county jails as
necessary to reflect the recommendations of the advisory committee
established under Section 511.022.
(c) Not later than December 1, 2022, the commission, with
the assistance of the advisory committee established under Section
511.022, shall prepare and submit a report to the governor, the
lieutenant governor, the speaker of the house of representatives,
each standing committee of the legislature with primary
jurisdiction over the commission, and each sheriff that includes:
(1) a discussion of any deficiencies in the intake
processes that have been identified by the commission; and
(2) recommendations to improve county jail practices
regarding identifying persons with intellectual or developmental
disabilities.
(d) This subsection and Subsection (c) expire January 1,
2023.
SECTION 3. Subchapter F, Chapter 1701, Occupations Code, is
amended by adding Section 1701.269 to read as follows:
Sec. 1701.269. TRAINING PROGRAM RELATING TO COUNTY JAILER
INTERACTIONS WITH PERSONS WITH INTELLECTUAL OR DEVELOPMENTAL
DISABILITIES. (a) The commission and the Commission on Jail
Standards shall jointly develop, with the assistance of the
advisory committee established under Section 511.022, Government
Code, a training program for county jailers that consists of at
least four hours of education and training on interacting with a
person with an intellectual or developmental disability who is
confined in a county jail, including techniques to assess a person
for an intellectual or developmental disability.
(b) A county jailer who completes the training program may
count the hours toward the jailer's continuing education
requirements under this chapter.
SECTION 4. (a) Not later than January 1, 2022, the
presiding officer of the Commission on Jail Standards shall appoint
members to the advisory committee created under Section 511.022,
Government Code, as added by this Act.
(b) Notwithstanding Section 511.022(c), Government Code, as
added by this Act, in making the initial appointments to the
advisory committee, the presiding officer of the commission shall
designate four members to serve terms expiring January 31, 2023,
four members to serve terms expiring January 31, 2025, and five
members to serve terms expiring January 31, 2027.
SECTION 5. The advisory committee created under Section
511.022, Government Code, as added by this Act, shall submit its
first report under Section 511.022(f), Government Code, as added by
this Act, not later than December 1, 2022.
SECTION 6. Not later than January 1, 2022, the Texas
Commission on Law Enforcement shall develop the training program
required by Section 1701.269, Occupations Code, as added by this
Act.
SECTION 7. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2831 was passed by the House on May
11, 2021, by the following vote: Yeas 120, Nays 23, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2831 was passed by the Senate on May
26, 2021, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor