By: Slaton H.B. No. 103
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of and a grant program for temporary
confinement facilities during local disasters relating to illegal
immigration or border security.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 772, Government Code, is
amended by adding Section 772.0079 to read as follows:
Sec. 772.0079. GRANT PROGRAM FOR TEMPORARY CONFINEMENT
FACILITIES DURING CERTAIN LOCAL DISASTERS. (a) In this section,
"criminal justice division" means the criminal justice division
established under Section 772.006.
(b) The criminal justice division shall establish and
administer a grant program to provide financial assistance to
counties to offset costs related to the establishment and operation
of temporary confinement facilities authorized under Section
351.0037, Local Government Code.
(c) The criminal justice division shall establish:
(1) eligibility criteria for grant applicants;
(2) grant application procedures;
(3) criteria for evaluating grant applications and
awarding grants;
(4) guidelines related to grant amounts; and
(5) procedures for monitoring the use of a grant
awarded under this section and ensuring compliance with any
conditions of the grant.
(d) The criminal justice division may use any revenue
available for purposes of this section.
SECTION 2. Subchapter A, Chapter 351, Local Government
Code, is amended by adding Section 351.0037 to read as follows:
Sec. 351.0037. TEMPORARY CONFINEMENT FACILITIES DURING
CERTAIN LOCAL DISASTERS. (a) Notwithstanding any other law, a
county for which a local disaster has been declared under Section
418.108, Government Code, relating to illegal immigration or border
security may establish and operate a temporary facility for the
confinement of persons not lawfully present in the United States
who are accused of committing an offense in lieu of confining those
persons in the county jail.
(b) The Commission on Jail Standards shall waive, to the
extent the commission determines compliance is not practicable or
reasonable with respect to a facility described by Subsection (a),
any standards applicable to the confinement of prisoners in a
facility other than a county jail under Section 351.0035 or other
law.
SECTION 3. This Act takes effect on the 91st day after the
last day of the legislative session.