By: Dutton (Senate Sponsor - Whitmire) H.B. No. 954
(In the Senate - Received from the House April 26, 2021;
May 10, 2021, read first time and referred to Committee on Criminal
Justice; May 20, 2021, reported favorably by the following vote:
Yeas 7, Nays 0; May 20, 2021, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to certain contract and notice requirements applicable to
certain facilities used to house inmates or releasees from the
Texas Department of Criminal Justice.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 493.010, Government Code, is amended to
read as follows:
Sec. 493.010. CONTRACTS FOR MISCELLANEOUS HOUSING. (a) The
board, for the temporary or permanent housing of inmates, may enter
into leases or contract with:
(1) public or private jails; or
(2) operators of alternative housing facilities.
(b) The board may not enter into a lease or contract with an
operator of an alternative housing facility that is located in a
county with a population of 3.3 million or more unless the operator
submits to the board a permit or other documentation showing that
the facility is in compliance with all applicable municipal and
county regulations.
SECTION 2. Chapter 508, Government Code, is amended by
adding Subchapter E-1 to read as follows:
SUBCHAPTER E-1. ALTERNATIVE HOUSING IN CERTAIN COUNTIES
Sec. 508.171. APPLICABILITY. This subchapter applies only
with respect to alternative housing that is located in a county with
a population of 3.3 million or more.
Sec. 508.172. ALTERNATIVE HOUSING PROGRAM. The department
shall require that an applicant to participate as a provider in a
program designed to provide alternative housing for two or more
unrelated releasees submit with the application, in the manner
specified by the department, a permit or other documentation
showing that the proposed alternative housing facility is in
compliance with all applicable municipal and county regulations.
Sec. 508.173. INFORMATION REGARDING ALTERNATIVE HOUSING;
NOTICE TO POLITICAL SUBDIVISION. (a) The department shall
maintain the following information regarding releasees:
(1) a list of facilities providing alternative housing
to two or more unrelated releasees, including:
(A) the name, address, and telephone number of
the facility;
(B) the county in which the facility is located;
(C) information regarding whether the facility
is in compliance with all applicable municipal and county
regulations;
(D) the number of releasees residing at the
facility; and
(E) the maximum capacity of the facility; and
(2) a list of releasees being housed at a facility
described by Subdivision (1), including:
(A) the releasee's name;
(B) the county in which the releasee is required
to reside under Section 508.181;
(C) the county in which the releasee committed
the offense for which the releasee is on parole or mandatory
supervision;
(D) the alternative housing facility in which the
releasee resides; and
(E) the date on which the releasee began residing
at the facility.
(b) On request of a county or municipality, the department
shall provide monthly the information maintained by the department
under Subsection (a). A county or municipality shall notify the
department if the county or municipality does not want to continue
to receive the information.
(c) The department shall provide the information to a county
or municipality under Subsection (b) by secured electronic mail and
in a machine-readable format.
(d) On request by a member of the legislature, the
department shall provide the information maintained by the
department under Subsection (a) to the member.
SECTION 3. (a) Section 493.010, Government Code, as
amended by this Act, applies only to a lease or contract entered
into on or after the effective date of this Act.
(b) Section 508.172, Government Code, as added by this Act,
applies only to an application to participate in a program
described by that section that is submitted on or after the
effective date of this Act.
SECTION 4. This Act takes effect September 1, 2021.
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